Legal Integration Of Islam

The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.

The integration of Muslims into European societies is often seen as a major challenge that is yet to be confronted. This book, by contrast, starts from the observation that on legal, political and organizational levels integration has already taken place. It showcases the variety of theoretical approaches that scholars have developed to conceptualize Muslim life in Europe, and provides detailed empirical analysis of ten European countries. Demonstrating how Muslim life unfolds between conviviality and contentious politics, the contributors describe demographic developments, analyze legal controversies, and explore the action of government and state, Muslim communities and other civil society actors. Driving forces behind the integration of Islam are discussed in detail and compared across countries.

Christian Joppke and John Torpey show how four liberal democracies—France, Germany, Canada, and the U.S.—have responded to the challenge of integrating Muslim populations. Demonstrating the centrality of the legal system to this process, they argue that institutional barriers to integration are no greater on one side of the Atlantic than the other.

Nearly five million Muslims call France home, the vast majority from former French colonies in North Africa. While France has successfully integrated waves of immigrants in the past, this new influx poses a new variety of challenges—much as it does in neighboring European countries. Alarmists view the growing role of Muslims in French society as a form of "reverse colonization"; they believe Muslim political and religious networks seek to undermine European rule of law or that fundamentalists are creating a society entirely separate from the mainstream. Integrating Islam portrays the more complex reality of integration's successes and failures in French politics and society. From intermarriage rates to economic indicators, the authors paint a comprehensive portrait of Muslims in France. Using original research, they devote special attention to the policies developed by successive French governments to encourage integration and discourage extremism. Because of the size of its Muslim population and its universalistic definition of citizenship, France is an especially good test case for the encounter of Islam and the West. Despite serious and sometimes spectacular problems, the authors see a "French Islam" slowly replacing "Islam in France"–in other words, the emergence of a religion and a culture that feels at home in, and is largely at peace with, its host society. Integrating Islam provides readers with a comprehensive view of the state of Muslim integration into French society that cannot be found anywhere else. It is essential reading for students of French politics and those studying the interaction of Islam and the West, as well as the general public.

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

Since September 11, Western governments have legitimized and empowered "nonviolent Islamists" as representatives of Islam for all Muslims in the West, an approach that has worried Muslim moderates. Citizen Islam addresses the implications of this approach. The book opens with an overview of the theology and history of Islam, to show that violence and intolerance are not fundamental aspects of the religion. It then explains the growth of Islamism in Europe and in the United States before suggesting that both are finally beginning to recognize the threat posed by nonviolent Islamists. Lastly, it outlines steps that Western and Muslims leaders can take to strengthen moderate Islam and counter the threat of Islamism. Written by Zeyno Baran, a Turkish-born Muslim, Citizen Islam sheds a sharp light on Muslim communities in the West. It concludes that there is much that Western governments can still do to reverse the spread of Islamism. But they must act quickly.

Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?

This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.