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Baderin, Mashood A. (2013) 'An Analysis of the Relationship between Shari'ah and Secular Democracy and the Compatibility of Islamic Law with the European Convention on Human Rights.' In: Griffith-Jones, Robin, (ed.), Islam and English Law: Rights, Responsibilities and the Place of Shari'a. Cambridge: Cambridge University Press, pp. 72-93.

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Abstract

The relationship between shariʽa and secular democracy, with the question whether Islamic law is compatible with the European Convention on Human Rights (ECHR), is far more complex than sensational media reports would suggest. In the present context we are asking whether formal recognition of (aspects of) shariʽa/Islamic law as part of the laws of the UK, in any form, would be repugnant to the country’s ‘secular’ democratic system or would create problems in respect of its international obligations under the ECHR. We must ask as well, more generally, whether or not shariʽa/Islamic law and democracy/human rights are or can be compatible or can coexist at all. The pragmatic answer to both questions has to be, ‘Yes’ and ‘No’.

Item Type: Book Chapters
SOAS Departments & Centres: Departments and Subunits > School of Law
Legacy Departments > Faculty of Law and Social Sciences > School of Law
School Research Centres > Centre of Islamic and Middle Eastern Law
School Research Centres > Centre for Human Rights Law
ISBN: 9781107021648
DOI (Digital Object Identifier): https://doi.org/10.1017/CBO9781139128834.010
Date Deposited: 09 Mar 2012 15:50
URI: https://eprints.soas.ac.uk/id/eprint/13253

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