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Religious Pluralism and Islamic Law
Dhimmis and Others in the Empire of Law
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Anver M. Emon, Associate Professor, Faculty of Law, University of Toronto,
Canada
• Presents an original analysis of the dhimmi rules governing
the approach Islamic law takes towards foreigners, giving
new perspectives on the nature of Islamic law and problem
of governing amidst diversity
• Offers an interdisciplinary interpretation of the issue of the
treatment of foreigners in Islamic law, examining it from
the perspectives of Islamic law, legal theory, and history • Demonstrates the difficulties present in pursuing pluralism
alongside rule of law and effective governance
July 2012 | 384 pages
978-0-19-966163-3
Hardback
£60.00 £48.00
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This book addresses the problem of the concept of ‘tolerance’ for
understanding the significance of the dhimmi rules that governed
and regulated non-Muslim permanent residents in Islamic
lands. In doing so, it suggests that the Islamic legal treatment
of non-Muslims is symptomatic of the more general challenge
of governing a diverse polity. Far from being constitutive of
an Islamic ethos, the dhimmi rules raise important thematic
questions about Rule of Law, governance, and how the pursuit
of pluralism through the institutions of law and governance is a
messy business.
As argued throughout this book, an inescapable, and all-too-often
painful, bottom line in the pursuit of pluralism is that it requires
impositions and limitations on freedoms that are considered
central and fundamental to an individual’s well-being, but which
must be limited for some people in some circumstances for
reasons extending well beyond the claims of a given individual.
Readership: Scholars and students of Islamic law, politics, and
religion; policy makers and judiciary addressing multicultural
issues
For more information please visit: www.oup.com/uk/law
Table of Contents
Introduction
1: Dhimmis, Shari’a, and Empire
2: Reason, Contract, and the Obligation to Obey
3: Pluralism, Dhimmi Rules, and the Regulation of Difference
4: The Rationale of Empire and the Hegemony of Law
5: Shari’a as Rule of Law
6: The Dhimmi Rules in the Post-Colonial Muslim State
7: Religious Minorities and the Empire of the Law
Conclusion
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