Islam, Sharia and Alternative Dispute Resolution

£108.00

Islam, Sharia and Alternative Dispute Resolution

Mechanisms for Legal Redress in the Muslim Community

Islamic life and practice Ethical issues and debates Urban communities Social groups: religious groups and communities Social theory Religious and theocratic ideologies Systems of law: Islamic law Law and society, sociology of law Family law: marriage, separation and divorce

Author: Mohamed M. Keshavjee

Dinosaur mascot

Language: English

Published by: I.B. Tauris

Published on: 30 June 2013

Format: LCP-protected ePub

Size: 256 pages

ISBN: 9780857733795


Introduction

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.

Nuances of Shari''a and Fiqh

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.

Examination of Islamic Law

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.

Modern Development of ADR

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.

Show moreShow less