Full Description
Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.
Contents
Notes on Contributors
Introduction
Norbert Oberauer
Muslim Legal Practice in the United Kingdom: the Muslim Arbitration Tribunal
Yvonne Prief
Unregistered Muslim Marriages in the United Kingdom
Vishal Vora
Muslims of Greece: a Legal Paradox and a Political Failure
Konstantinos Tsitselikis
Islamic Law as Indigenous Law: Sharı̄ʿa Courts in Israel from a Postcolonial Perspective
Ido Shahar
Nation Building, Islamic Law and Unofficial Legal Pluralism: the Cases of Turkey and Pakistan
Ihsan Yilmaz
Constitutional Recognition of Islamic Family Law and Sharia Courts in Ethiopia: Governmental Strategies to Co-regulate the Plural Family Law Arena
Katrin Seidel
Legal Pluralism in the Southern West Bank: the Impact of Honour as a Factor on Developments towards an Increased Consideration of Rule-of-Law Principles in Clan-based Justice
Ulrike Qubaja
Legal Pluralism in Indonesia: the Case of Interfaith Marriages Involving Muslims
Judith Koschorke
Contextualising Malaysia's Islamic Law: a Nuanced Perspective
Karen Meerschaut and Werner de Saeger
Index