On British Islam: Religion, Law, and Everyday Practice in Sharia Councils

trafalgar square

Trafalgar Square, a famous London landmark

Source: Princeton Press

Book written by John R. Bowen, who is the Dunbar-Van Cleve Professor in Arts & Sciences at Washington University in St. Louis. His books include A New Anthropology of Islam and Blaming Islam.

On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context.

Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims’ needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment.

On British Islam highlights British Muslims’ efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.

Endorsements:

“In On British Islam, John Bowen’s careful work, informed by anthropological insight and a comparative perspective, puts paid to oversimple stories of a clash of civilizations. Bowen shows that attempts by British Muslims to reach convergence with the wider society have varied, and often successful, results, and how these have been influenced by cultural characteristics unique to Britain versus other European nations. This is essential reading for anyone interested in issues of social integration.”–Charles Taylor, McGill University

“Understanding how Muslims can be accommodated in European liberal societies has become an ever more urgent issue, and the topic of shari’a law in particular has been a focus of popular anxieties for nearly a decade. Based on rare access to British shari’a council proceedings and archives of cases, On British Islam combines original source material with John Bowen’s expertise as a leading scholar of Islamic law. This elegant book is an invaluable resource and much-needed gold standard for future scholarship on Muslims and Islam in liberal societies.”–Maleiha Malik, King’s College London

“This is an imaginatively framed, diligently researched book analyzing the public transactions that involve Muslim and civil law in today’s United Kingdom. Bowen provides an array of case studies, each etched with consistently engaging, well-crafted interviews. They make his analysis at once broad and incisive. One will learn more about the intra-Muslim dynamics of public reasoning from On British Islam than from any other work to date on Muslims in the United Kingdom.”–Bruce B. Lawrence, author of The Qur’an: A Biography

More Endorsements

Table of Contents:

Acknowledgments ix
Part 1 Pathways
Chapter 1 Why Shariʿa in Britain? 3
Chapter 2 Transplanting Ties 10
Chapter 3 Islamic Topographies 25
Part 2 Practices
Chapter 4 Background to the Shariʿa Councils 47
Chapter 5 Improvising an Institution 65
Chapter 6 Unstable Performativity 88
Chapter 7 Competing Justifications 103
Part 3 Variants
Chapter 8 When Women Rule in Birmingham 123
Chapter 9 Sufi Encompassments 143
Part 4 Boundaries
Chapter 10 Shariʿa in English Law 173
Chapter 11 When Can Shariʿa Be British? 194
Chapter 12 Internal Debates and Practical Convergences 209
Chapter 13 Conclusions 229
Glossary 233
Notes 235
References 257
Index 271

Other Princeton books authored or coauthored by John R. Bowen:

Series:

Reference and read the first chapter online

5 replies

  1. Muslims in the West are not asking for Sharia to be the law of the land. The Law of the land is the only law applicable and executable in affairs of the individuals.

    All they are seeking is to let Sharia be available as an alternative to resolve their spousal and contractual disputes between two individuals. That is their prerogative. Indeed, every human, no matter who it is, goes first to their family members and friends for seeking solutions to their problem some will go to their clergy (all religions) and some will appoint a mediator.

    When Muslims go to their clergy, he or she will look up similar situations in the past and guide the couple or business partners to find a solution, since the immigrant Muslims are familiar with the Sharia laws, they may accept it, and if they do, that is good for them.

    The problem is that of trust – when the parties agree to the terms per their Imam/clergy, and don’t abide by it, there is no way the aggrieved party can seek damages for the violations. This is what Muslims are asking, to make that binding.

    Indeed, it would be binding if they go to the judge and say, we have agreed to these terms and conditions per our religious conviction, and seek the judge to sign the order and the court order becomes executable. The judge looks to it as mediator resolved decision and signs it and it will become executable. The right wing Americans are downright stupid and making a bid deal about this, as if Sharia will become the law of the land.

    What Muslims have is Personal Sharia, that is a private relationship between the individual and God. How they pray, worship, fast, pay zakat, how they bury their individuals, marry per the requirement as a religious rite. All of that is a private matter and does not need any regulation or execution.
    IA
    http://www.londonschoolofislamics.org.uk

  2. Personal law is fine and good but marriage laws should not violate individual human rights of women. So called Shariah laws have to come in line with the modern understanding of individual human rights. Plain and simple.

  3. @Iftikhar Ahmad
    It is all good and well to say that we want it. The fact is that ordinary Muslims do not want sharia law. They do not want their mullah or religious leaders to interfere in their family life. But it is the leaders of religion who have devised this fraud to gain control over their followers.
    Let me ask Mr. Iftikhar Ahmad a question: What is so special about the laws of marriage in Islam that a Muslim cannot do under the American law? Please be specific when answering.
    Also what is in the laws of inheritance of Islam that a Muslim cannot do under the American law?
    The fact is that if a Muslim writes his will according to the teachings of Islam, it has full protection under the American law. But our religious leaders are after power and money. They keep asking for more and more money from their followers in the name of Islam. And they want to have power through the back door of family law. Absolute fraud!!!! Should not be done.

  4. Most Muslim scholars think that Syariah law refer to the ancient Syariah laws such as;

    1. The system of justice; beheading, cut off hands feet, flogging girls at front of public square.

    2. The law of inheritance,where female will get 1/2 of male

    3. Women have to wear Burqa, have to cover whole body.

    4. Non Islamic Bank will be forbidden.

    5. Non Muslim will not be allowed to join amy,police and government job.

    6. The system of government is not secular-democratic system but Chalipht like ISIS, Saudi Arabia, or Guld states.

    7. Muslims are not allowed to use coffins, follow the sunnah, or ancient tradition.

    8. and also the law of marriage.

    From my view. All laws are regarding of worldly matter, can be reformed.
    Base on ;
    Verily never will Allah change the condition of a people
    until they change it themselves . QS .13:11.

    And such are the Parables We set forth for mankind, but only those understand them who have Knowledge. QS 29; (43)

    Therefore, we,Muslim really need to change the old interpretation to the modern interpretation on 21 st. Century.

    Was salam.

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