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Islam, Sharia and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community

Autor Mohamed M. Keshavjee
en Limba Engleză Hardback – 17 iun 2013
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.
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Specificații

ISBN-13: 9781848857322
ISBN-10: 1848857322
Pagini: 256
Ilustrații: Illustrations
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.57 kg
Editura: Bloomsbury Publishing
Colecția I.B.Tauris
Locul publicării:London, United Kingdom

Notă biografică

MOHAMED M. KESHAVJEE is an international specialist on cross-cultural mediation. With a background in law from Britain and Canada, from 2000 to 2012 he directed, and lectured in, all the international training programmes in mediation for the National Conciliation and Arbitration Boards of the Ismaili Muslim community worldwide. He specialises in Islamic and international human rights law and obtained his PhD from the University of London.

Cuprins

Foreword AcknowledgementsList of Figures1. Introduction2. The Muslim Community in Britain3. Overview of the Hounslow Muslim Community4. The Sharia, Religious Law of Muslims5. The Muslim Law (Shariah) Council (UK)6. The Many Faces of ADR in Hounslow7. The Case for Court-Invoked Adjudication8. Towards an Islamic Model of ADR9. Policy Considerations Appendix: Some Perspectives on ADRNotesGlossary of Arabic, Persian and South Asian TermsBibliographyIndex