Abstract

A new field of British-Muslim family law is arguably evolving from the practices of Muslims in the UK who creatively bring about effective — but by no means uncontested — solutions to everyday problems of arranging family matters (across Muslim and English law). This requires us to abandon certain conventional ideas about law, orientalism, and citizenship. The present chapter contributes to current debates on multiculturalism, secularism, and Islam in Europe by first challenging an orientalized image of Sharia law in past and present European encounters. It then questions legal orientalism for its inability to conceptualize law outside formal legal norms and processes. It also highlights the crucial role of practices of the legal subject in the creative construction of legal fields. The chapter essentially asks questions about the implications of British-Muslim family law for how we think about citizenship.

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