CEU Electronic Theses and Dissertations, 2012
| Author | Milos, Matija |
|---|---|
| Title | Sharia on the fringe: How can separation from the state transform religious law? |
| Summary | This thesis discusses the role of separation from the state in the possible transformation of Muslim religious law (Sharia), particularly its family law provisions. The arguments are built upon a comparison of three jurisdictions that have advocated separation of Sharia from the state: Canada, the United Kingdom and the work of the European Court of Human Rights. It is demonstrated that separation allows application of Sharia as long as its norms remain within the private sphere. In doing so, separation itself does not transform Sharia. Instead, it generates what I term “the transformative space” within which Muslim religious law may change through the agency of its adherents. I argue that in order to maintain and improve the space it generates, separation needs to remain a way to practically arrange the state’s relationship with the religious without catering to views for or against any religion. Insofar as it moves from this position, becoming a tool for different ideologies, it is more likely to corrupt or abolish the transformative space and cause a range of difficulties. |
| Supervisor | Uitz, Renáta |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/milos_matija.pdf |
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