Oberauer Norbert, Prief Yvonne, Qubaja Ulrike (eds.). Legal Pluralism in Muslim Contexts. Brill,2019. — x, 258 p.. 2019

The concept of legal pluralism looks back on a history of heated debate.1 To a large extent, the intensity of this controversy results from the fact that legal pluralism is a subject of different disciplines representing both normative and descriptive approaches. From the perspective of normative legal scholarship, legal pluralism may be interpreted as a challenge to the state's monopoly to establish legal rules. Since the state is typically seen as the guarantor of fundamental values - such as equality, freedom of religion or the rule of law - legal pluralism may be regarded as a threat to those values. Seen from this angle, the concept appears to be an ill-advised compromise of one of the most highly esteemed achievements of modernity.

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Contents

Notes on Contributors

Introduction

Bibliography

Muslim Legal Practice in the United Kingdom: the Muslim Arbitration Tribunal

Yvonne Prief

Introduction

The Muslim Arbitration Tribunal

Using Islamic Legal Principles and Terms of Alternative Dispute Resolution

Family Disputes and Islamic Divorce

Implementing the Arbitration Act 1996

Attempting to Alter the Legal Framework: the Arbitration and Mediation Services (Equality) Bill

Further Critique: Cases Relating to Criminal Law

Concluding Remarks

Bibliography

Unregistered Muslim Marriages in the United Kingdom

Vishal Vora

Marriage Is Still an Important Aspiration

The Law of Marriage - BriefHistory

Failures to Meet Formalities of Marriage

Nikah-Only Marriage Is Non-marriage

Judicial Guidance - Hudson v Leigh

Harsh and Inequitable Consequences - Application of the ‘Four Factors’

Discussion of Dukali

Respondent Accounts

Why a Nikah-Only Marriage?

Impression Nikah Marriage Was Valid, in Law

Feelings of Injustice: a Need to Protect Families

Tackling Discrimination

The Scottish System

Conclusion

Bibliography

Muslims of Greece: a Legal Paradox and a Political Failure

Konstantinos Tsitselikis

More Than an Introduction: Old and New Islam in Greece

The Genealogy of Old Islam

The Formation of New Islam

A Legal Paradox: All Equal? All Different?

Personal Status for the Muslims of Thrace: Is Something Missing?

Between Legal Pluralism and Discrimination

Abolish, Maintain or Reform Sharita Law?

A Court Case That Challenges the Position of Sharita Law in Greece

The Failed Citizenship

Conclusions

Bibliography

Islamic Law as Indigenous Law: SharLa Courts in Israel from a Postcolonial Perspective

Ido Shahar

Introduction1

Reforming the Sharita Courts at the Close of the Ottoman Empire: an Ottoman Project in the Spirit of Western Colonialism

The Legacy of the British Mandate: Islamic Law Encounters Colonial Politics

Islamic Law as Indigenous Law: the SharTa Courts under Israeli Rule

The Sharxta Courts in Israel as Sites of Resistance

Bibliography

Nation Building, Islamic Law and Unofficial Legal Pluralism: the Cases of Turkey and Pakistan

Ihsan Yilmaz

Introduction

Pakistani Muslim Legal Pluralism

Turkish Muslim Legal Pluralism

Conclusion

Bibliography

Constitutional Recognition of Islamic Family Law and SharLa Courts in Ethiopia: Governmental Strategies to Co-regulate the Plural Family Law Arena

Katrin Seidel

Introductory Remarks

Historical Development of the Official Legal Status of Sharita Courts

Constitutional Recognition of Islamic Family Law and Sharita Courts

Focal Features of the State Recognition

The Role of Cassation and Constitutional Interpretation

Concluding Remarks

Bibliography

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

Introduction

The Concept of Honour (tird∕sharaf)

An Agent-Based Approach[607] [608] to Legal Pluralism

Principles of the Rule of Law, the Factor of Honour, and Pragmatism According to Data from Field Research

Conclusion

Bibliography

Legal Pluralism in Indonesia: the Case of Interfaith Marriages Involving Muslims

Judith Koschorke

Introduction

The Indonesian Islamic Discourse on Interfaith Marriages

The (Non-)Regulation of Interfaith Marriages in the Marriage Law of 1974 and the Dual System of Islamic and Civil Courts