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Islam, Shari'a and Alternative Dispute Resolution
Author: Mohamed Keshavjee

ISBN: 9781848857322
Format: Hardcover
Number Of Pages: 288
Published: 15 May 2013
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6 x 3.0
Description:
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterized by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalize some of the essential principles that underlie Muslim teachings and jurisprudence, delivering not only formal remedies but also perceived justice, e...

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