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African Constitutionalism And The Role Of Islam

Author: Abdullahi Ahmed An-Na'im
Publisher: University of Pennsylvania Press
ISBN: 9780812201116
Size: 70.85 MB
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Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.

Muslims In Global Politics

Author: Mahmood Monshipouri
Publisher: University of Pennsylvania Press
ISBN: 9780812241815
Size: 58.40 MB
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As Islam spreads throughout the world, Muslims living in their traditional homelands and in the Western world are grappling with shifting identities. These questions of identity are an integral part of national and international politics. In Egypt Islamists clash with secularists over religious and national identity, while in Turkey secularist ruling elites have chosen to accommodate Islamists in the name of democracy and reconciliation. In all cases, understanding the dynamics of identity-based politics is critical to the future of Muslims and their neighbors across the globe. In Muslims in Global Politics, Mahmood Monshipouri examines the role identity plays in political conflicts in six Muslim nations—Egypt, Iraq, the United Arab Emirates, Turkey, Iran, and Indonesia—as well as in Muslim diaspora communities in Europe and North America. In each instance, he describes how conservatives, neofundamentalists, reformists, and secularists construct identity in different ways and how these identities play out in the political arena. With globalization, the demand for human rights continues to grow in the Muslim world, and struggles over modernity, authenticity, legitimacy, and rationality become increasingly important. Muslims in Global Politics deepens our understanding of how modern ideas and norms interact with the traditions of the Islamic world and, in turn, shows how human rights advocates can provide an alternative to militant Islamist movements.

Muslims And Global Justice

Author: Abdullahi Ahmed An-Na'im
Publisher: University of Pennsylvania Press
ISBN: 0812204336
Size: 17.23 MB
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Over the course of his distinguished career, legal scholar Abdullahi Ahmed An-Na'im has sought to reconcile his identity as a Muslim with his commitment to universal human rights. In Muslims and Global Justice, he advances the theme of global justice from an Islamic perspective, critically examining the role that Muslims must play in the development of a pragmatic, rights-based framework for justice. An-Na'im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na'im argues, in order for a commitment to human rights to become truly universal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empowering local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na'im's work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing global justice in a world of profound religious and cultural difference.

The Rule Of Law Freedom Of Expression And Islamic Law

Author: Hossein Esmaeili
Publisher: Bloomsbury Publishing
ISBN: 1782257500
Size: 18.86 MB
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The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Essays On Religion And Human Rights

Author: David Little
Publisher: Cambridge University Press
ISBN: 110707262X
Size: 68.77 MB
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"This collection of essays by David Little addresses human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays, Little articulates his view that fascist practices before and during World War II vivified the wrongfulness of deliberately inflicting severe pain, injury, and destruction for self-serving purposes and that the human rights corpus, developed in response, was designed to outlaw all practices of arbitrary force. He contends that while there must be an accountable human rights standard, it should guarantee latitude for the expression and practice of beliefs, consistent with outlawing arbitrary force. Little details the theoretical grounds of the relationship between religion and human rights, and concludes with essays on US policy and the restraint of force in regard to terrorism. With a foreword by John Kelsey, this book is a capstone of the work of this influential writer on religion, philosophy, and law"--

The Law Applied

Author: Peri J. Bearman
Publisher: I. B. Tauris
ISBN:
Size: 53.48 MB
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A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as ‘fiqh.’ This volume is interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal response (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, The Law Applied offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.