TY - CHAP
T1 - Shari'a and multiple modernities in Western Countries
T2 - toward a multi-faith pragmatic modern approach rather than a legal pluralist one?
AU - Possamai, Adam
PY - 2023/4
Y1 - 2023/4
N2 - The aim of this chapter is to situate the debate on legal pluralism and Shari'a within Eisenstadt's multiple modernity thesis, and to argue that, to move the matter further, we should work towards a new multi-faith pragmatic modern project. This, as is discussed, fits with Habermas' post-secular project. This multiple modernities theory is tested on the Australian case and it is discovered that while the theory applies to Shari'a and finances, with regard to other personal laws, we are confronted instead with a new conservative modernity. The chapter concludes by proposing that this theory offers a third way between legal pluralism and 'universal' legalism.
AB - The aim of this chapter is to situate the debate on legal pluralism and Shari'a within Eisenstadt's multiple modernity thesis, and to argue that, to move the matter further, we should work towards a new multi-faith pragmatic modern project. This, as is discussed, fits with Habermas' post-secular project. This multiple modernities theory is tested on the Australian case and it is discovered that while the theory applies to Shari'a and finances, with regard to other personal laws, we are confronted instead with a new conservative modernity. The chapter concludes by proposing that this theory offers a third way between legal pluralism and 'universal' legalism.
UR - https://www.scopus.com/pages/publications/85153353118
UR - https://go.openathens.net/redirector/westernsydney.edu.au?url=https://doi.org/10.1007/978-3-031-27188-5
U2 - 10.1007/978-3-031-27188-5_16
DO - 10.1007/978-3-031-27188-5_16
M3 - Chapter
AN - SCOPUS:85153353118
SN - 9783031271908
SN - 9783031271878
T3 - Boundaries of Religious Freedom: Regulating Religion in Diverse Societies
SP - 325
EP - 338
BT - The Sociology of Shari’a
A2 - Possamai, Adam
A2 - Richardson, James T.
A2 - Turner, Bryan S.
PB - Springer
ER -