دانلود کتاب Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts

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Cover
Title
Copyright
Dedication
Contents
Preface
Acknowledgements
Introduction
The challenge
The structure
The approach
The contribution and the argument
1 Developing the concept of ‘justice as discourse’
The challenge of diversity: liberal theory’s normative commitment
Liberal and theological responses
Rawls’ political liberalism
Responses to and critiques of Rawls
Alternatives to Rawls’ theory
Theologically-oriented positions
Wolterstorff’s consocial position
Habermas’ refinement
Weithman’s two propositions
Ladd’s critique of liberal absolutism
Gaus: public justification and expanding public reason
Constructing a theory: justice as discourse
Justice as discourse versus some alternatives
Bader’s ‘priority for democracy’
An-Na‘im’s ‘civic reason’ / ‘public reason’
Expanded public reason
Conclusion
2 Justice as discourse in application
Justice as discourse and classical liberal theory
Diversity
Neutrality
Limits
Justice as discourse and the secular
Secularism
Secularisation
Non-Western secularisation
Justice as discourse
Implementing justice as discourse: the axes of state, law, civil society and politics
Executive, bureaucratic and judicial authorities
Legislative provisions
Civil society: community organisations, NGOs
Political reasons
Conclusion
3 Muslim contexts I: history and heritage
Why use the term ‘Muslim contexts’?
What is the same, and what is different, about Muslim contexts?
Navigating liberal ideas and theories past colonialism
The politico-legal legacy
Muhammad, the prophet, the leader and the lawgiver
After the prophet: power, law and religion
The development of the law: the schools, the fiqh and usul al-fiqh
Power, law and religion: the ongoing dynamic
Conclusion and lessons from the heritage
4 Muslim contexts II: contemporary contexts
Reworking the law: replacement, codifications and etatization
The nexus of Din, Dunya and Dawla: religion, politics and the state – divided?
Contemporary opinions in Muslim populations
Prospects for democracy?
Conclusion
5 Terms of engagement: (Re)imagining religion, law, state and society for Muslim contexts
Challenges to the uses of liberal theory
Issues and challenges from the paradigm of liberal theory
Challenges arising out of the heritage of Muslim contexts
The macro challenges: pluralism and sovereignty
Transitional character of Muslim contexts
Defining a practical political model
Constitutional law
Non-constitutional law
Political debate
Judges, state executives and civil servants
Bader’s models revisited
The bridge from politics to law: Menski’s kite
The overall argument and conclusion
Conclusion
Bibliography
Works cited
Works consulted
Websites
Index