Shari’a and Multiple Modernities in Western Countries: Toward a Multi-faith Pragmatic Modern Approach Rather Than a Legal Pluralist One?

Abstract

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.