A Reflection on the Shari’a Debate in Britain

Studia z Prawa Wyznaniowego (Studies of Ecclesiastical Law), Vol. 13, pp. 71-98, 2010

Queen Mary School of Law Legal Studies Research Paper No. 71/2010

18 Pages Posted: 2 Jan 2011  

Prakash Shah

Queen Mary University of London, School of Law

Date Written: December 1, 2010

Abstract

The Archbishop of Canterbury’s speech on Civil and Religious Law in England in February 2008 provoked and range of responses from outrage to sympathy. The speech aimed to delineate the contours of a new relationship between the ‘law of the land’ and religious law, particularly Muslim law or shari’a. This article aims to explore the extent to which the Archbishop’s ideas can bear fruit under current conditions of thinking and teaching about law. It places the Archbishop’s speech in the context of historical and existing regimes of legal plurality whereby states recognise more than one legal order. It then goes on to examine some of the detail in the Archbishop’s speech and examines the responses to it. Finally, the article examines the constraints and opportunities in achieving the greater level of attention to religious law which the Archbishop advocated within the framework of British legal systems.

Suggested Citation

Shah, Prakash, A Reflection on the Shari’a Debate in Britain (December 1, 2010). Studia z Prawa Wyznaniowego (Studies of Ecclesiastical Law), Vol. 13, pp. 71-98, 2010; Queen Mary School of Law Legal Studies Research Paper No. 71/2010. Available at SSRN: https://ssrn.com/abstract=1733529

Prakash Shah (Contact Author)

Queen Mary University of London, School of Law ( email )

Mile End Road
London, London E1 4NS
United Kingdom

Paper statistics

Downloads
236
Rank
106,079
Abstract Views
1,270