This month, Routledge releases “Accommodating Muslims under Common Law: A Comparative Analysis,” by Salim Farrar (University of Sydney) and Ghena Krayem (University of Sydney). The publisher’s description follows:
The book explores the relationship between Muslims, the Common Law and Shari’ah post-9/11. The book looks at the accommodation of Shari’ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.
Salim Farrar and Ghena Krayem consider the question of recognition of Shari’ah by looking at how the flexibilities that exists in both the Common Law and Shari’ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari’ah is not necessarily one that requires the establishment of a separate and parallel legal system.
Next month, Bloomsbury Publishing will release “Radical Secularization? An Inquiry into the Religious Roots of Secular Culture” edited by Stijn Latré, Walter Van Herck, and Guido Vanheeswijck (all of the University of Antwerp, Belgium). The publisher’s description follows:
What does it mean for a society to be secular? Answering this question from a philosophical angle, “Radical Secularization?” delves into the philosophical presuppositions of secularization. Which cultural evolutions made secularization possible? International scholars from different disciplines assess the answers given by many leading philosophers such as, among others, Löwith, Blumenberg and Habermas (Germany), Gauchet and Nancy (France), Taylor and Bellah (North America). They examine the theory that secularization cannot only be regarded as a cultural change that was forced upon religion from an external source (e.g. science), but should also be considered as a phenomenon triggered by motives internal to religion. If religions are indeed capable of inner transformations, the question arises whether religions can persist in the secular societies they inadvertently helped to bring about, and how secular societies may accommodate religion.
This December, Edward Elgar Publishing will publish Religion, Rights and Secular Society: European Perspectives edited by Peter Cumper (University of Leicester, UK) and Tom Lewis (Nottingham Trent University, UK). The publisher’s description follows.
This topical collection of chapters examines secular society and the legal protection of religion and belief across Europe, both in general and more nation-specific terms.
The expectations of many that religion in modern Europe would be swept away by the powerful current of secularization have not been realised, and today few topics generate more controversy than the complex relationship between religious and secular values. The ‘religious/secular’ relationship is examined in this book, which brings together scholars from different parts of Europe and beyond to provide insights into the methods by which religion and equivalent beliefs have been, and continue to be, protected in the legal systems and constitutions of European nations. The contributors’ chapters reveal that the oft-tumultuous legacy of Europe’s relationship with religion still resonates across a continent where legal, political and social contours have been powerfully shaped by faith and religious difference.
Covering recent controversies such as the Islamic headscarf, and the presence of the crucifix in school class-rooms, this book will appeal to academics and students in law, human rights and the social sciences, as well as law and policy makers and NGOs in the field of human rights.