Law, Religion and the Challenge of Accommodation

Abstract

The article below is the introductory chapter to our book ‘Accommodating Muslims under Common Law: a Comparative Analysis’, recently published by Routledge Press. It introduces the topic of our book, notably the presence of Muslims in predominantly non-Muslim Common Law States and how those States have responded and ought to respond in the post 9/11 context. Specifically, the book looks at Muslims in a multicultural context as well as the accommodation of Shari’ah Law across Western Common Law legal traditions. This includes a discussion of the role of the judiciary and a discussion of where boundaries might be drawn for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.

Keywords: Islamic Law, Comparative Law, Jurisprudence, Religion and the Law, Secularism, Accommodation

JEL Classification: K10, K30