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Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context. Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims' needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment. On British Islam highlights British Muslims' efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
The situation of Muslims in Britain is one of the most pressing issues facing British society today. A rise in the number of attacks on Muslims in Britain, increasing threats to civil liberties in the name of security measures, a resurgence in the activities of the far right in Britain as well as elsewhere in Europe, and a crackdown on refugees fleeing persecution place serious questions over Britain’s commitment to minority rights. The purpose of this report is to explore Muslim experience in Britain and to call for legislative and policy change.The author considers Muslims’ access to education, employment and housing, drawing upon new research and existing statistics as well as case studies and interviews. He discusses Muslims’ diverse and changing identities, their participation in politics at local and national level, their campaigns around education. He gives an outline of how Sharia law and English law conflict in some areas, but have been reconciled in others. Islamophobia and the media, and within the criminal justice system, particularly post-September 11th, are also examined. Finally, the author examines existing human rights legislation in relation to Muslims in Britain and finds that they are, for the most part, unprotected. A set of recommendations proposes some steps that could be taken to tackle religious discrimination, Islamophobia in the media, and other issues of concern.
This collected edition by experts from all over the world, reflects a multidisciplinary approach to marital captivity and shows a multifaceted view of this widespread phenomenon. Marital captivity is a social and human rights problem that occurs within religions or religious communities worldwide. It is defined as a situation in which one or both spouses, but predominantly the wife, is unable to terminate a religious marriage, consequently trapping that spouse within the marriage against her or his will. As such it is a form of forced marriage and violence against women. Because of its severe social, legal, and economic implications, the phenomenon is approached from different perspectives: anthropological, sociological and legal. In thirteen chapters the book discusses the practice of marital captivity and human rights approaches, solutions and best practices to marital captivity. It is therefore a must-read for civil society, academics, legal practitioners such as solicitors, the judiciary, notaries and registrars, policy makers, and all other practitioners and ngo's concerned with family issues and violence against women.
This report explores the attitudes of Muslims in Britain today and the reasons why there has been a significant rise in Islamic fundamentalism amongst the younger generation.
The public visibility of Islam is becoming increasingly controversial throughout European countries. With case studies drawn from France, Germany, Italy, Spain and the UK, this book examines a range of public issues, including mosque construction, ritual slaughter, Sharia councils and burqa bans, addressing the question of ’Islamic difference’ in public life outside the confines of established normative discourses that privilege freedom of religion, minority rights or multiculturalism. Acknowledging the creative role of dissent, it explores the manner in which public controversies unsettle the religious-secular divide and reshape European norms in the domains of aesthetics, individual freedom, animal rights and law. Developing an innovative conceptual framework and elaborating the notion of controversy as a methodological tool, Islam and Public Controversy in Europe draws our attention to the processes of interaction, confrontation and mutual transformation, thereby opening up a new horizon for rethinking difference and pluralism in Europe. As such, it will appeal to scholars across the social sciences with interests in religion, integration, cultural difference and the public sphere.
This book offers a comparative and cross-cultural history of Islamic reform and European colonialism as both dependent and independent factors in shaping the multiple ways of becoming modern in Indonesia and Malaya during the first half of the twentieth century.