Islam, Law and the Modern State - (Re)imagining Liberal Theory in Muslim Contexts

List of contents

Introduction
i. The challenge
ii. The structure
iii. The approach
iv. The contribution and the argument
Chapter 1: Developing the concept of ‘justice as discourse’
1.1 The challenge of diversity: liberal theory’s normative commitment
1.2 Alternatives to Rawls’ theory
1.3 Constructing a theory: justice as discourse
1.4 Justice as discourse versus some alternatives
1.5 Conclusion
Chapter 2: Justice as discourse in application
2.1 Justice as discourse and classical liberal theory
2.2 Justice as discourse and the Secular
2.3 Implementing justice as discourse: the axes of state, law, civil society and politics
2.4 Conclusion
Chapter 3: Muslim Contexts I: History and heritage
3.1 Why use the term ‘Muslim contexts’?
3.2 What is the same, and what is different, about Muslim contexts?
3.3 The politico-legal legacy
3.4 Conclusion and lessons from the heritage
Chapter 4: Muslim Contexts II: Contemporary contexts
4.1 Re- working the law: replacement, codifications and ‘etatization’
4.2 The nexus of Din, Dunya and Dawla: religion, politics and the state – divided?
4.3 Contemporary opinions in Muslim populations
4.4 Prospects for democracy?
4.5 Conclusion
Chapter 5: Terms of engagement: (re)imagining religion, law, state and society for Muslim contexts
5.1 Challenges to the uses of liberal theory
5.2 Defining a practical political model
5.3 The bridge from politics to law: Menski’s kite
5.4 The overall argument and conclusion
Conclusion

Summary

This work develops a framework for addressing this issue. It argues that liberal theory and, in particular, justice as discourse, can be normatively useful in Muslim contexts for relating, religion, law, state and society.

Product details

• Authors: Arif A. Jamal
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Paperback / Softback
• Released: 31.12.2019
• EAN: 9780367893729
• ISBN: 978-0-367-89372-9
• No. of pages: 150
• Series: ICLARS Series on Law and Religion
• Subjects: Social sciences, law, business > Law > General, dictionaries; LAW / General, RELIGION / Islam / General, Law / Government / State, Provincial & Municipal, LAW / Constitutional, LAW / Public, LAW / Jurisprudence, LAW / Comparative, RELIGION / Islam / Law, Islamic Law, comparative law, Social Law, Systems of law: Islamic law, Social law and Medical law