Islam, Law and the Modern State

Arif A. Jamal is Associate Professor at the National University of Singapore, Faculty of Law where he teaches comparative law, legal theory, law and religion, and Islamic law. He has studied and researched in law, politics and Islamic studies in Canada, the UK and the USA, and writes on issues of law and religion, comparative law and law in Muslim contexts.

Introduction

i. The challenge

ii. The structure

iii. The approach

iv. The contribution and the argument

Chapter 1: Developing the concept of ‘justice as discourse’

1.1 The challenge of diversity: liberal theory’s normative commitment

1.2 Alternatives to Rawls’ theory

1.3 Constructing a theory: justice as discourse

1.4 Justice as discourse versus some alternatives

1.5 Conclusion

Chapter 2: Justice as discourse in application

2.1 Justice as discourse and classical liberal theory

2.2 Justice as discourse and the Secular

2.3 Implementing justice as discourse: the axes of state, law, civil society and politics

2.4 Conclusion

Chapter 3: Muslim Contexts I: History and heritage

3.1 Why use the term ‘Muslim contexts’?

3.2 What is the same, and what is different, about Muslim contexts?

3.3 The politico-legal legacy

3.4 Conclusion and lessons from the heritage

Chapter 4: Muslim Contexts II: Contemporary contexts

4.1 Re- working the law: replacement, codifications and ‘etatization’

4.2 The nexus of Din, Dunya and Dawla: religion, politics and the state – divided?

4.3 Contemporary opinions in Muslim populations

4.4 Prospects for democracy?

4.5 Conclusion

Chapter 5: Terms of engagement: (re)imagining religion, law, state and society for Muslim contexts

5.1 Challenges to the uses of liberal theory

5.2 Defining a practical political model

5.3 The bridge from politics to law: Menski’s kite

5.4 The overall argument and conclusion

Conclusion