The Challenges of Islamic Law Adjudication in Public Reason
Screen Shot 2023-02-27 at 1.19.49 PM
Mohammad H. Fadel
Book chapter

Fadel, M. H. (2020). The Challenges of Islamic Law Adjudication in Public Reason. In Public Reason and Courts (pp. 115–142). Cambridge University Press. 


“This chapter argues that the idea of public reason can meaningfully guide public reason–minded judges when they are tasked with applying Islamic law in a fashion that vindicates the ideals of public reason. Public reason requires judges to steer a middle course among possible extremes when an issue of Islamic law arises: theological reasoning, extreme deference to historical norms, or principled abstention. Moreover, by adhering to the idea of public reason in these cases, judges can play an important role in strengthening, or bringing about, an overlapping consensus in their respective societies.”


The Teaching Against Islamophobia resources were developed with funding support from the Law Foundation of BC, and the Centre for Comparative Muslim Studies at SFU.

Share this