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Accommodating Muslims under Common Law
The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions...
Islamic Family Law in Australia
In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system.
Islamic Family Law in Australia to Recognise Or Not to Recognise
In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system.
Freedom of Speech and Islam
Freedom of speech and expression is considered in the West a high public good and an important social value, underpinned by legislative and ethical norms. Its importance is not shared to the same extent by conservative and devout Muslims, who read Islamic doctrines in ways seemingly incompatible with Western notions of freedom of speech. Since the Salman Rushdie affair in the 1980s there has been growing recognition in the West that its cherished value of free speech and associated freedoms relating to arts, the press and media, literature, academia, critical satire etc. episodically clash with conservative Islamic values that limit this freedom for the sake of holding religious issues sacro...
Gender and Justice in Family Law Disputes
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates ...
Towards a Just and Ecologically Sustainable Peace
This book addresses the need to develop a holistic approach to countering violence that integrates notions of peace, justice and care of the Earth. It is unique in that it does not stop with the move toward articulating ‘Just Peace’ as a human concern but probes the mindset needed for the shift to a ‘Just and Ecologically Sustainable Peace’. It explores the values and principles that can guide this shift, theoretically and in practice. International in scope and grounded in the reality of Indigenous and non-Indigenous Australia and the wider Asia-Pacific context, the book brings together important insights drawn from the Indigenous relationship to land, ecological feminism, ecological philosophy, the social sciences more generally, and a range of religious and non-religious cosmologies. Drawn from diverse disciplinary backgrounds, the contributors in this book apply their combined professional expertise and active engagement to illuminate the difficult choices that lie ahead.
Interfaith Dialogue
This book addresses issues central to today’s Catholic Church, focusing on the relationship between various religions in different contexts and regions across the world. The diverse array of contributors present an inclusively interfaith enterprise, investigating a wide range of encounters and perspectives. The essays include approaches from the Jewish, Muslim, Buddhist, and Bahá’í traditions, in a variety of geographic contexts. Contributors reflect on Muslims in the West, Christian-Buddhist social activism, and on Chinese, Indian, and Japanese religions. The volume also explores the experiences of communities that are often marginalized and overlooked such as the Aborigines and Torre...
Challenging Identities
"Muslim women in Australia are at the forefront of a culture war, and not necessarily by choice. As visible representatives of Islam, veiled women face discrimination and abuse, and carry the stigma of a culture frequently deemed unacceptable and inferior. Despite these adverse conditions, Muslim women have demonstrated a remarkable resilience by maintaining their presence in the public domain and by continuing to make a positive contribution to Australia. The experiences of Muslim women in Australia cannot be typecast as a sisterhood of oppressed females. Challenging Identities questions the assumption of incompatible 'Australian values' and 'Islamic values', and provides valuable first-person accounts from the lives of Muslim women in Australia."--Publisher description.
Islamic Religious Authority in a Modern Age
This book situates Australian Muslim experiences of religious authority within the global context of Islam in the modern world. While drawing on examples of Muslim-majority states, new empirical findings indicate the growing diversity of Muslim religious actors in Australia, as well as the contextual realities shaping the way religious authority is legitimised and contested in democratic and authoritarian environments. In particular, the study challenges homogenous articulations of Islamic religious authority in unearthing new voices, epistemologies and socio-political factors shaping Muslim attitudes and experiences of religious authority. The book fills important gaps in the field, such as intra-Muslim relations, female religious authority, digital Islam and the relationship between traditional ulama, reformists and Muslim intellectuals in the West. Dr Shaheen Whyte is a Research Fellow at the Centre for Islamic Studies and Civilisation, Charles Sturt University. He holds a PhD from Deakin University, Australia. His research focuses on Islamic religious authority, Muslim minorities in the West, Islamic law and Middle Eastern politics.
Lessons from History
Does history repeat itself in meaningful ways, or is each problem unique? How can a knowledge of Australian history enhance our understanding of the present and prepare us for the future? Lessons from History is written with the conviction that we must see the world, and confront its many challenges, with an understanding of what has gone before. A diverse range of historians, including Graeme Davison, Yves Rees, Joan Beaumont, Ann Curthoys, Mahsheed Ansari, Peter Spearritt and Frank Bongiorno, tackles the biggest challenges that face Australia and the world and shows how the past provides context and insight that can guide us today and tomorrow. ‘Know the past to change the future. Insigh...
