Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law
By: Emon, Anver M.
ABSTRACT This book problematizes tolerance as a conceptually helpful or coherent concept for understanding the significance of the dhimmī rules, the Islamic legal doctrines that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity.
Far from being constitutive of an Islamic ethos, the dhimmī rules are symptomatic of the messy business of ordering and regulating a diverse society. This understanding of the dhimmī rules allows us to view the dhimmī rules in the larger context of law and pluralism, and in that fashion, creates new spaces for analyzing Sharīʿa as one among many legal systems that, far from being unique, suffers similar challenges as other legal systems that also contend with the challenges of governing amidst diversity.
Series: Oxford Islamic Legal Studies
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Emon, Anver M.
Oxford University Press, UK 2012
17 x 24 cm
ABOUT THE AUTHOR Anver M. Emon is Professor of Law at the University of Toronto's Faculty of Law. Emon's research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. The author of Islamic Natural Law Theories (OUP 2010) and Natural Law: A Jewish, Christian, and Islamic Trialogue (with M Levering and D Novak, OUP 2014), Professor Emon is the founding editor of Middle East Law and Governance: An Interdisciplinary Journal, and one of the general editors of the Oxford Islamic Legal Studies series.
CONTENTS Introduction 1. Dhimmis, Shari'a, and Empire 2. Reason, Contract, and the Obligation to Obey 3. Pluralism, Dhimmi Rules, and the Regulation of Difference 4. The Rationale of Empire and the Hegemony of Law 5. Shari'a as Rule of Law 6. The Dhimmi Rules in the Post-Colonial Muslim State 7. Religious Minorities and the Empire of the Law Conclusion