Legal pluralism, para legalism, and shari'a: A case of multiple or ‘clashing' modernities?

In some western countries with Muslim minorities, there has been debate in the last few years about the role of Sharia in the context of domestic family law. The aim of this paper is to do three things: first, to show the extent to which matrimonial settlements by Muslims in divorce cases in western countries reflect a variety of personal practices and strategies towards Sharia and family law; second, to examine the values of selected western legal systems and how law as a ‘form of practice’ excludes Muslim values; and third, to situate this debate within the multiple modernity thesis and argue that, to move the matter further, we should work towards a new multi-faith pragmatic modern project. This paper is based on recent research by the three authors who are exploring the everyday life practices of Shari’a in New York and Sydney.