Islam and the Secular State: Negotiating the Future of Shari`a

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9780674027763: Islam and the Secular State: Negotiating the Future of Shari`a

Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.

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About the Author:

Abdullahi Ahmed An-Na`im is Charles Howard Candler Professor of Law at Emory University.

Review:

Two debates pervade almost all discussions about Islam, Muslim societies and the role of both in the 21st century. The first revolves around the shari'a, a kind of comprehensive Muslim guide to good conduct, and its applicability within Muslim majority states. The other frames capitalism, socialism and secularism as antipodes to what Islam cannot or should not be. This book engages both, arguing that secularism is not as an unwelcome counter force to 'true' Islam but is the indispensable path to reclaiming Islam to advance pluralism, human rights, women's rights, civil society and citizenship. Abdullahi An-Na'im is a public intellectual known far beyond the academy and the American continent. In Africa, in Asia and throughout the Middle East his is a courageous voice for secular Islam. There is no book like this one: brilliant, compelling, and optimistic.
--Bruce B. Lawrence, Duke University

Muslim scholar and human rights activist An-Na'im has written extensively on law and human rights in the Islamic world. Here, he turns to the subject of the state's coercive enforcement of Sharia--Koran-based Islamic law--in predominantly Muslim societies, arguing that its promulgation of Sharia is contrary to the Koranic insistence on the voluntary acceptance of Islam and the freely chosen adherence to its commandments.
--William P. Collins (Library Journal 2008-04-01)

Mak[es] a powerful theological case for abandoning the very notion of an Islamic state. [An-Na'im] argues that the claims of these so-called states to enforce the Sharia repudiate the fundamental right of religious choice implicit in a Koranic verse that says there can be "no compulsion in religion."
--Malise Ruthven (New York Review of Books 2008-05-29)

An-Na'im lays out with candor and elegance the need for the state to be secular for all citizens, and explores Muslim polities in Indonesia, India and Turkey.
--Emran Qureshi (Globe and Mail 2008-06-21)

[A] controversial and topical book...Although not all Muslim scholars will fully agree with An-Na'im's proposals regarding the institutional separation of Islam and the state, his thoughts are a step forward towards a healthy negotiation for the future of Sharia.
--Helen Haste (Times Higher Education Supplement 2008-06-26)

Few books in Islamic studies have been as eagerly awaited or intensely debated prior to publication as Abdullahi Ahmed An-Na‘im’s Islam and the Secular State: Negotiating the Future of Shari‘a...[This book] testifies to the richness of [Ahmed An-Na‘im’s] life work, and to the courage of an author who deserves to be recognized as one of the most important religious thinkers of our age.
--Robert Hefner (ssrc.org/blogs/immanent_frame)

An-Na'im is an independent-minded intellectual who has raised sensitive issues (such as his belief that interpretations of sharia have led to discrimination against non-Muslim minorities in the Arab world) that many Muslims and their advocates would prefer to keep out of public debate...The crux of An-Na'im's Islam and the Secular State is that Muslims should be allowed to practice their faith as they see fit and should comply with sharia, but voluntarily. The call from Islamists to impose sharia with the full power of the state will only lead to totalitarianism, he argues. To bolster his claim, he notes that the Koran never mentions the idea of a state and does not prescribe a particular form of government.
--Geneive Abdo (Washington Post Book World 2008-07-27)

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