Noah Feldman on Sharia
These two are related articles by the same author:
Last month, Rowan Williams, the archbishop of Canterbury, gave a nuanced, scholarly lecture in London about whether the British legal system should allow non-Christian courts to decide certain matters of family law. Britain has no constitutional separation of church and state. The archbishop noted that “the law of the Church of England is the law of the land” there; indeed, ecclesiastical courts that once handled marriage and divorce are still integrated into the British legal system, deciding matters of church property and doctrine. His tentative suggestion was that, subject to the agreement of all parties and the strict requirement of protecting equal rights for women, it might be a good idea to consider allowing Islamic and Orthodox Jewish courts to handle marriage and divorce. Why Shariah? - Noah Feldman
I should try to reply only to substantive objections to my work, not to ad hominem arguments, the fallacy of which should be self-refuting. But how to do it when the criticism relies on vernacular, name-calling versions of once-fashionable jargon (Orientalism, paternalism) without specifying their content or explaining how they may be related to the text under attack? In such circumstances, I suspect, to defend is already to be deflected from what really matters. With that in mind, a few clarifying points are nevertheless in order regarding an essay of mine in The New York Times Magazine that drew on a new book, The Fall and Rise of the Islamic State, out this past month from Princeton University Press. I began the essay with the recent lecture of the Archbishop of Canterbury to frame an irrefutable and I think interesting contrast: in the West, the word shari‘a is treated as radioactive, while in many places in the Muslim world (I quoted statistics from Egypt, Jordan, and Pakistan) substantial majorities say they favor making the shari‘a into the source of law. In the essay and the book, I am interested in exploring the basis for the apparent appeal of the shari‘a, which, I argue, is not properly understood as “Islamic law” but as a richer set of associated ideas connected to the constraint of all human beings under a divine justice that applies to all.What we talk about when we talk about shari‘a - Noah Feldman
Last month, Rowan Williams, the archbishop of Canterbury, gave a nuanced, scholarly lecture in London about whether the British legal system should allow non-Christian courts to decide certain matters of family law. Britain has no constitutional separation of church and state. The archbishop noted that “the law of the Church of England is the law of the land” there; indeed, ecclesiastical courts that once handled marriage and divorce are still integrated into the British legal system, deciding matters of church property and doctrine. His tentative suggestion was that, subject to the agreement of all parties and the strict requirement of protecting equal rights for women, it might be a good idea to consider allowing Islamic and Orthodox Jewish courts to handle marriage and divorce. Why Shariah? - Noah Feldman
I should try to reply only to substantive objections to my work, not to ad hominem arguments, the fallacy of which should be self-refuting. But how to do it when the criticism relies on vernacular, name-calling versions of once-fashionable jargon (Orientalism, paternalism) without specifying their content or explaining how they may be related to the text under attack? In such circumstances, I suspect, to defend is already to be deflected from what really matters. With that in mind, a few clarifying points are nevertheless in order regarding an essay of mine in The New York Times Magazine that drew on a new book, The Fall and Rise of the Islamic State, out this past month from Princeton University Press. I began the essay with the recent lecture of the Archbishop of Canterbury to frame an irrefutable and I think interesting contrast: in the West, the word shari‘a is treated as radioactive, while in many places in the Muslim world (I quoted statistics from Egypt, Jordan, and Pakistan) substantial majorities say they favor making the shari‘a into the source of law. In the essay and the book, I am interested in exploring the basis for the apparent appeal of the shari‘a, which, I argue, is not properly understood as “Islamic law” but as a richer set of associated ideas connected to the constraint of all human beings under a divine justice that applies to all.What we talk about when we talk about shari‘a - Noah Feldman
posted by temporal at 4/09/2008
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