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8 - Clans

from Part II - Practice

Published online by Cambridge University Press:  02 December 2021

Patrick S. Nash
Affiliation:
University of Cambridge
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Summary

This chapter analyses the nature, functioning and regulation of Muslim clans. It begins wih a history of the regulation of endogamy in England, as clans are held together through consanguineous marriage and the prohibited degrees of relationship are the most relevant branch of law. Then it analyses the clan as a group unit with negative implications for public health and the nation’s social and political fabric. The point is to demonstrate that clannish behaviours, which present most prominently among British Muslim populations, are the product of a set of institutional norms rather than manifestations of any supposedly inherent ethnic, cultural or religious characteristics. The chapter’s theoretical discussion observes that liberal individualistic approaches tend to focus on rights and demographic statistics while ignoring the clan phenomenon itself, while multiculturalism tends to insist on the integrity of minority cultural forms, over-emphasising the positives and evading difficult questions about the place of clans in the UK. The pluralist response focuses squarely on clans as group entities and constructs the legal argument for their dissolution through marriage law reform.

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Chapter
Information
British Islam and English Law
A Classical Pluralist Perspective
, pp. 257 - 297
Publisher: Cambridge University Press
Print publication year: 2022

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  • Clans
  • Patrick S. Nash, University of Cambridge
  • Book: British Islam and English Law
  • Online publication: 02 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108636964.009
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  • Clans
  • Patrick S. Nash, University of Cambridge
  • Book: British Islam and English Law
  • Online publication: 02 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108636964.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Clans
  • Patrick S. Nash, University of Cambridge
  • Book: British Islam and English Law
  • Online publication: 02 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108636964.009
Available formats
×