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Vol 23 No 10 Oct/Nov 2018

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Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
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Distinguishing Between Islam, Islamism and Violent Extremism: A Philosophical-Legal Guide


ISBN13: 9781138200463
Published: September 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



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In the context of political upheaval, terrorist violence and theological-legal confusion in the Muslim-majority world, that impacts upon the whole world, there is an urgent need for a clear philosophical-legal differentiation of different types of religious-legal phenomena that all have an Islamic complexion.

This book draws on critical realism in order to set out a typology and analytical framework to enable distinctions to be made between phenomena which all have an Islamic complexion and yet are philosophically, theologically and legally different, namely: traditional Islam, political Islamism and violent Islamist Extremism. Matthew Wilkinson explores the differences in beliefs and religious legal practices manifested by the different phenomena before going on to look at how this typology relates to terrorist activity and legislation.

The book also considers the legal-philosophical implications of bringing to justice Muslims who claim not to accept the grounds of justice in non-Muslim courts through an analysis of the relationship between the principles of national and international law and the objectives of Islamic law (maqasid ash-sharia'). The book is aimed at non-Muslim professionals and teachers in Muslim-minority settings who are required to understand different types of phenomena that all have an Islamic complexion for the conduct of their professional duties as well as scholars and researchers in law and religious studies.

Subjects:
Jurisprudence, Islamic Law
Contents:
1. Rationale
2. The roots of Islam, Islamism and Violent Extremism
3. Critical realism and Islamic critical realism: creating some philosophical-legal categories
4. Basic beliefs, legal practices and characteristic themes
5. People, texts and cases
6. A normative discussion of terrorism legislation
7. The relationship of these phenomena to nation state law and their implications for legal theory
8. Implications: the social benefits of establishing common grounds for justice

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