رکورد قبلیرکورد بعدی

" Understanding Sharia in the West "


Document Type : AL
Record Number : 1072501
Doc. No : LA116130
Call No : ‭10.1163/22124810-00602005‬
Language of Document : English
Main Entry : Maurits S. Berger
Title & Author : Understanding Sharia in the West [Article]\ Maurits S. Berger
Publication Statement : Leiden: Brill | Nijhoff
Title of Periodical : Journal of Law, Religion and State
Date : 2018
Volume/ Issue Number : 6/2-3
Page No : 236–273
Abstract : The main challenge of understanding Sharia in the West is its undefined nature. This contradicts the ease with which the term is used in public and political discourse, but also in the legal domain, which prides itself on its precision in terminology. This article addresses the question: What is the Sharia that Muslims in the West practice? To this end, a model is presented that provides tools to describe the complex interaction between Sharia, as practiced by Western Muslims, and their Western environment, and elucidates the ongoing dialectic of this interaction. The model further shows how Western Muslims adopt and adapt Sharia by manoeuvring between their specific needs in the Western context and the conditions set by that context. From a Western perspective, the model shows that issues of Sharia are usually discussed in legal terms, while most controversies are not legal but cultural in nature. The main challenge of understanding Sharia in the West is its undefined nature. This contradicts the ease with which the term is used in public and political discourse, but also in the legal domain, which prides itself on its precision in terminology. This article addresses the question: What is the Sharia that Muslims in the West practice? To this end, a model is presented that provides tools to describe the complex interaction between Sharia, as practiced by Western Muslims, and their Western environment, and elucidates the ongoing dialectic of this interaction. The model further shows how Western Muslims adopt and adapt Sharia by manoeuvring between their specific needs in the Western context and the conditions set by that context. From a Western perspective, the model shows that issues of Sharia are usually discussed in legal terms, while most controversies are not legal but cultural in nature.
Descriptor : comparative law
Descriptor : freedom of religion
Descriptor : History of Religion
Descriptor : Human Rights and Humanitarian Law
Descriptor : Islamic law
Descriptor : law and religion
Descriptor : legal culture
Descriptor : legal pluralism
Descriptor : religious law
Descriptor : Religious Studies
Descriptor : Sharia in the West
Location & Call number : ‭10.1163/22124810-00602005‬
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10.1163-22124810-00602005_18157.pdf
10.1163-22124810-00602005.pdf
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