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dc.contributor.authorDouglas, Heatheren_US
dc.contributor.authorHersi, Abdien_US
dc.contributor.editorMelanie G Wiberen_US
dc.date.accessioned2017-05-03T14:06:22Z
dc.date.available2017-05-03T14:06:22Z
dc.date.issued2010en_US
dc.date.modified2012-03-15T05:55:35Z
dc.identifier.issn07329113en_US
dc.identifier.urihttp://hdl.handle.net/10072/43361
dc.description.abstractThe leaves of the Khat plant are chewed for their stimulatory effect by many people who live around the Red Sea. People from this area have migrated throughout the world, bringing the practice with them. Consequently many countries have needed to address the question whether khat should be regulated. We argue here that, because khat use is mainly associated with Muslim people, the Islamic law about khat is also an important consideration in this debate. Accordingly this article explores the position of khat under Islamic law. In addition to a study of sources of Islamic shari'a, we have conducted focus groups with Somali people who had settled in Australia, and participants' views are considered. Across the Muslim world opinion is sharply divided amongst Islamic scholars and Muftis on the correct approach to khat. The three main positions on khat are that it is halal (permissible), makruh (detested or discouraged) or haram (forbidden). It may be shown that each view has some support in the scholarly literature of Islam. Each was accepted by some members of the focus groups. Most of those who participated in the focus groups had a strong view on the correct position pursuant to Islam and this view influenced their decision to support or reject prohibition and to chew or not to chew khat. This supports the claim that legal pluralism is a reality in Australia. In countries like Australia that purport to allow the free exercise of religion, prohibition of khat use may have implications for this freedom for some individuals. If khat is seen by some Muslims as an accepted part of cultural life and Muslim religious activity, targeting khat may then be seen as targeting these communities. Given that the overwhelming majority of khat users in Australia and other common law states are Muslim immigrants, the uncertain status of khat in Islam poses significant challenges to policy makers in immigrant receiving nations. As these communities' cultural norms are, to a large extent, derived from the Islamic religion, any government response to the use of khat should take into consideration these religious and cultural norms.en_US
dc.description.peerreviewedYesen_US
dc.description.publicationstatusYesen_US
dc.format.extent114633 bytes
dc.format.mimetypeapplication/pdf
dc.languageEnglishen_US
dc.language.isoen_US
dc.publisherUniversity of Birminghamen_US
dc.publisher.placeUnited Kingdomen_US
dc.publisher.urihttp://www.jlp.bham.ac.uk/volumes/62/douglashersi-abs.htmen_US
dc.relation.ispartofstudentpublicationYen_US
dc.relation.ispartofpagefrom95en_US
dc.relation.ispartofpageto114en_US
dc.relation.ispartofjournalJournal for Legal Pluralism and Unofficial Lawen_US
dc.relation.ispartofvolume62en_US
dc.rights.retentionYen_US
dc.subject.fieldofresearchLaw and Societyen_US
dc.subject.fieldofresearchcode180119en_US
dc.titleKhat and Islamic Legal Perspectives: Issues for Considerationen_US
dc.typeJournal articleen_US
dc.type.descriptionC1 - Peer Reviewed (HERDC)en_US
dc.type.codeC - Journal Articlesen_US
gro.rights.copyright© 2010 the Authors and the Foundation for the JLP. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.en_US
gro.date.issued2010
gro.hasfulltextFull Text
gro.griffith.authorHersi, Abdi M.


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