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This open access reference book is a critical analysis of sharia for the 21st century. It serves as a critical introduction to a modernist, progressive and neo-traditionalist perspective on Islamic thought and practice regarding sharia. This approach reflects the efforts undertaken by Muslims - particularly those in the diaspora - to forge an alternative Muslim modernity based on creative engagement with both Islamic tradition and modern Western forms of knowledge. The book highlights the ground-breaking work of some of these seminal thinkers in various fields of law. The book is divided into thirteen chapters. It first covers what sharia is, its origins and how it developed in real time for Muslim societies. This discussion is then followed by chapters on each of the most challenging subjects of Islamic law in the contemporary world, including: constitutionalism, human rights, gender justice, biomedical ethics, religious freedom, criminal law, economics and finance and property rights. Each of these themes is discussed by the co-authors in light of the state-of-the-art literature available, each topic’s individual history, and the current debates and diverse global case studies that relate to each theme. The aim is to highlight that there is no monolithic version of sharia. Rather, sharia is an active set of humanistic principles that inspires Muslims around the world to live according to the ethics of their faith.The book is a collaboration by two experts from different professional backgrounds and aims to take a panoramic view of the subject to appeal to a wide audience. Each chapter can be read ‘stand alone’ while contributing to the book’s broader framework. All together, the chapters challenge misconceptions about sharia and showcase the developments surrounding sharia in the Muslim world and within the Muslim diaspora.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by The Institute of Ismaili Studies.
Hadi Enayat is Assistant Professor at the Institute for the Study of Muslim Civilizations at Aga Khan University, London, UK, and Research Fellow at the Foreign Policy-Centre, UK.Mohamed Keshavjee LLB, LLM, is Senior Research Scholar at the Institute of Ismaili Studies, London, UK, and Barrister-at-Law from Gray's Inn, London, UK.
Authors’ NotePrefaceForeword by Christophe BernasconiAcknowledgementsAbbreviationsIntroductionChapter 1: Sharia: Its Origin, Evolution and Multiple Interfaces in the History of the Muslim PeoplesChapter 2: Islamic Constitutionalism and Its DiscontentsChapter 3: Secularism, Religious Freedom and the ShariaChapter 4: Criminal Justice in IslamChapter 5: Gender Justice: The Rights of Women in Islam – A Need for New Hermeneutics and a New EpistemologyChapter 6: Alternative Dispute Resolution (ADR) and the Politics of Informal JusticeChapter 7: Sharia and Human Rights: The Clash of Universalisms and the Search for Common GroundChapter 8: The Quest for a Moral Economy and the Vital Role of Faith and Sharia-Inspired FinanceChapter 9: Property Rights in Sharia: Between Social Justice and Pious NeoliberalismChapter 10: Muslims and Bioethics – Developments in the Field of Organ Donation and Transplantation under ShariaChapter 11: Continuity and Innovation in the Islamic Law of Jihad: Modernity and the Crisis of Political AuthorityEpilogueBibliography
Contemporary Trends in Sharia: Critical Debates in Historical Context explores how Muslims worldwide are reinterpreting Islamic law to meet the challenges of modern life. From human rights and gender justice to economics, property, and dispute resolution, Enayat and Keshavjee demonstrate that shari?a is not as rigid a code as exaggerated by some, but is a living tradition and an unfinished project. Drawing on the voices of reformist and progressive thinkers, it illuminates the creative, contested, and urgent search for justice and flourishing at the heart of Islam’s encounter with the twenty-first century. Vital reading.