Islam and English Law: Rights, Responsibilities and the by Robin Griffith-Jones

By Robin Griffith-Jones

Former Archbishop of Canterbury Rowan Williams caused a hurricane of protest while he steered that a few lodging among British legislation and Islam's shari'a legislation used to be 'inevitable'. His foundational lecture brought a sequence of public discussions on Islam and English legislations on the Royal Courts of Justice and the Temple Church in London. This quantity combines constructed types of those discussions with new contributions. Theologians, legal professionals and sociologists glance again on advancements because the Archbishop spoke, and forwards alongside trajectories opened through the ancient lecture. The members offer and suggest a forward-looking discussion, asking how the rights of all voters are honoured and their obligations met. Twenty experts discover the evolution of English legislation, the consequences of islam, shari'a and jihad, and the foundations of the ecu conference on Human Rights, kinfolk legislations and freedom of speech. This e-book is for a person drawn to the interplay among faith and secular society.

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If the law of the land takes no account of what might be for certain agents a proper rationale for behaviour – for protest against certain unforeseen professional requirements, for instance, which would compromise religious discipline or belief – it fails in a significant way to communicate with someone involved in the legal process (or indeed to receive their communication), and so, on at least one kind of legal theory (expounded recently, for example, by RA Duff), fails in one of its purposes.

Usul al-fiqh21 provides guidance in all these areas, most of which remain outside the scope of Western jurisprudence. In this way Islamic jurisprudence sees both law and religion informing all areas of life. The European Convention on Human Rights (ECHR) and its jurisprudence have tended to define religion far more narrowly. 22 The question naturally arises, what shall count as a ‘manifestation’ of religion. ‘Article 9 primarily protects the sphere of personal beliefs and religious creeds, ie the area which is sometimes called the forum internum.

I shall return to some of the details of Shachar’s positive proposal; but I want to move on to the third objection, which grows precisely out of the complexities of clarifying the relations between jurisdictions. Is it not both theoretically and practically mistaken to qualify our commitment to legal monopoly? So much of our thinking in the modern world, dominated by European assumptions about universal rights, rests, surely, on the basis that the law is the law; that everyone stands before the public tribunal on exactly equal terms, so that recognition of corporate identities or, more seriously, of supplementary jurisdictions is simply incoherent if we want to preserve the great political and social advances of Western legality.

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