Akhtar, Rajnaara C. (2013) British muslims and transformative processes of the Islamic legal traditions : negotiating law, culture and religion with specific reference to Islamic family law and faith based alternative dispute resolution. PhD thesis, University of Warwick.

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Abstract

This cross disciplinary socio-legal research study provides a unique
contribution to the study of British Muslims, faith based ADR mechanisms and
the state. The existence of informal religio-centric dispute resolution forums
exemplifies a form of legal pluralism in action.
The study investigated the approach to Islamic family law and dispute
resolution of a sample of 250 British Muslims aged 18-45, primarily Britishborn,
university educated and practicing their faith or understanding their
religious obligations. Empirical research was undertaken using both
quantitative and qualitative research methods, and conclusions were drawn by
assessing the findings using Grounded Theory methodology.
Empirical research focussing on younger generations of British Muslims and the
transformative processes of the Islamic legal traditions impacting on the
application of religious laws are absent. The present study is unique in a
number of regards, with a focus on the subject group’s interaction with, and
perception of, dispute resolution forums available for resolving Islamic family
law disputes.
This thesis argues that British Muslims from within the socio-demographic
profile of the subject group: 1) believe faith based ADR mechanisms such as
Shariah Councils are necessary for providing expertise on Islamic family law
issues, however in their present form they are imperfect; 2) believe Shariah
Councils are more competent than national courts in dealing with Islamic law
issues; 3) have plural approaches to negotiating law, culture and religion; and
4) believe there should not be a separate legal system for Muslims in Britain, as
this is separatist and divergent from their identities as ‘British Muslims’ which
is an evolving self-identification.
Participants displayed numerous perceptions about the manner and form of
interaction between British Muslims, faith based ADR mechanisms and the
British legal system. Six categories are coined in the research findings exploring
these opinions, the most popular being a ‘rights-based evaluation promoting
Interlegality’ and ‘necessity for validation of religious beliefs’.

Item Type:	Thesis (PhD)
Subjects:	K Law [LC] > KD England and Wales K Law [Moys] > KD Religious Systems
Library of Congress Subject Headings (LCSH):	Muslims -- Great Britain, Islamic law -- Great Britain, Muslims -- Legal status, laws, etc. -- Great Britain, Domestic relations (Islamic law) -- Great Britain, Dispute resolution (Law) -- Great Britain
Official Date:	May 2013
Dates:	Date Event May 2013 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Ali, Shaheen Sardar
Extent:	431 leaves.
Language:	eng

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