Juridical Perspectives Between Islam And The West

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Juridical Perspectives between Islam and the West

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
ISBN 13 : 303137844X
Total Pages : 296 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Juridical Perspectives between Islam and the West by : Federico Lorenzo Ramaioli

Download or read book Juridical Perspectives between Islam and the West written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

Modern Perspectives on Islamic Law

Author : E. Ann Black
Publisher : Edward Elgar Publishing
ISBN 13 : 0857934473
Total Pages : 319 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black

Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Islam and International Law

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004233369
Total Pages : 488 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Islam and International Law by :

Download or read book Islam and International Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-06-13 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Religion and Law

Author : Edwin Brown Firmage
Publisher : Eisenbrauns
ISBN 13 : 9780931464393
Total Pages : 420 pages
Book Rating : 4.4/5 (643 download)

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Book Synopsis Religion and Law by : Edwin Brown Firmage

Download or read book Religion and Law written by Edwin Brown Firmage and published by Eisenbrauns. This book was released on 1990 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.

Islam and the West

Author : Bernard Lewis
Publisher : Oxford University Press
ISBN 13 : 019028238X
Total Pages : 240 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Islam and the West by : Bernard Lewis

Download or read book Islam and the West written by Bernard Lewis and published by Oxford University Press. This book was released on 1994-10-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hailed in The New York Times Book Review as "the doyen of Middle Eastern studies," Bernard Lewis has been for half a century one of the West's foremost scholars of Islamic history and culture, the author of over two dozen books, most notably The Arabs in History, The Emergence of Modern Turkey, The Political Language of Islam, and The Muslim Discovery of Europe. Eminent French historian Robert Mantran has written of Lewis's work: "How could one resist being attracted to the books of an author who opens for you the doors of an unknown or misunderstood universe, who leads you within to its innermost domains: religion, ways of thinking, conceptions of power, culture--an author who upsets notions too often fixed, fallacious, or partisan." In Islam and the West, Bernard Lewis brings together in one volume eleven essays that indeed open doors to the innermost domains of Islam. Lewis ranges far and wide in these essays. He includes long pieces, such as his capsule history of the interaction--in war and peace, in commerce and culture--between Europe and its Islamic neighbors, and shorter ones, such as his deft study of the Arabic word watan and what its linguistic history reveals about the introduction of the idea of patriotism from the West. Lewis offers a revealing look at Edward Gibbon's portrait of Muhammad in Decline and Fall of the Roman Empire (unlike previous writers, Gibbon saw the rise of Islam not as something separate and isolated, nor as a regrettable aberration from the onward march of the church, but simply as a part of human history); he offers a devastating critique of Edward Said's controversial book, Orientalism; and he gives an account of the impediments to translating from classic Arabic to other languages (the old dictionaries, for one, are packed with scribal errors, misreadings, false analogies, and etymological deductions that pay little attention to the evolution of the language). And he concludes with an astute commentary on the Islamic world today, examining revivalism, fundamentalism, the role of the Shi'a, and the larger question of religious co-existence between Muslims, Christians, and Jews. A matchless guide to the background of Middle East conflicts today, Islam and the West presents the seasoned reflections of an eminent authority on one of the most intriguing and little understood regions in the world.

Islam and the Rule of Justice

Author : Lawrence Rosen
Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen

Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Western Muslims and the Future of Islam

Author : Tariq Ramadan
Publisher : Oxford University Press, USA
ISBN 13 : 019517111X
Total Pages : 445 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Western Muslims and the Future of Islam by : Tariq Ramadan

Download or read book Western Muslims and the Future of Islam written by Tariq Ramadan and published by Oxford University Press, USA. This book was released on 2004 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Begins by offering a reading of Islamic sources, interpreting them for a Western context. The author demonstrates how an understanding of universal Islamic principles can open the door to integration into Western societies. He then shows how these principles can be put to practical use.

The West and Islam

Author : Antony Black
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The West and Islam by : Antony Black

Download or read book The West and Islam written by Antony Black and published by Oxford University Press, USA. This book was released on 2008 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative history of political thought examines what the Western and Islamic approaches to politics had in common and where they diverged. It throws light on why the West and Islam each developed their own particular kind of approach to government, politics, and the state, and on why these approaches are so different.

Islam and Disability

Author : Mohammed Ghaly
Publisher : Routledge
ISBN 13 : 1135229554
Total Pages : 273 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Islam and Disability by : Mohammed Ghaly

Download or read book Islam and Disability written by Mohammed Ghaly and published by Routledge. This book was released on 2009-12-21 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the position of Islamic theology and jurisprudence towards people with disabilities. This book seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.

Christianity, Islam, and Atheism

Author : William Kilpatrick
Publisher : Ignatius Press
ISBN 13 : 158617696X
Total Pages : 331 pages
Book Rating : 4.5/5 (861 download)

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Book Synopsis Christianity, Islam, and Atheism by : William Kilpatrick

Download or read book Christianity, Islam, and Atheism written by William Kilpatrick and published by Ignatius Press. This book was released on 2012 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christianity, Islam, and atheism argues that Islam is a religion of conquest and subjugation and that in spite of 9/11 and thousands of other terrorist attacks thoughout the world, many in the West still do not know or admit this because it conflicts with their multiculturalism and their belief in the equivalence of all cultures and religions

Islamic International Law

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113861
Total Pages : 320 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Islamic International Law by : Khaled Ramadan Bashir

Download or read book Islamic International Law written by Khaled Ramadan Bashir and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

Shari'a and the Constitution in Contemporary Legal Models

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
ISBN 13 : 3031378369
Total Pages : 304 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Shari'a and the Constitution in Contemporary Legal Models by : Federico Lorenzo Ramaioli

Download or read book Shari'a and the Constitution in Contemporary Legal Models written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea

Slavery, Terrorism and Islam - The Historical Roots and Contemporary Threat

Author : Peter Hammond
Publisher :
ISBN 13 : 9780980263992
Total Pages : 0 pages
Book Rating : 4.2/5 (639 download)

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Book Synopsis Slavery, Terrorism and Islam - The Historical Roots and Contemporary Threat by : Peter Hammond

Download or read book Slavery, Terrorism and Islam - The Historical Roots and Contemporary Threat written by Peter Hammond and published by . This book was released on 2021-06-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Peter Hammond's bestselling book: SLAVERY, TERRORISM & ISLAM - The Historical Roots and Contemporary Threat is a fascinating, well illustrated and thoroughly documented response to the relentless anti-Christian propaganda that has been generated by Muslim and Marxist groups and by Hollywood film makers. As Karl Marx declared: "The first battlefield is the re-writing of History!" Slavery, Terrorism and Islam was first published in 2005 and quickly sold out. It earned Dr. Peter Hammond a death threat "Fatwa" from some Islamic radicals. We have included the story of that in an appendix of this book. Slavery, Terrorism & Islam sets the record straight with chapters on "Muhammad, the Caliphas and Jihad", "The Oppression of Women in Islam", "The Sources of Islam" and "Slavery the Rest of the Story". With over 200 pictures, maps and charts, this book is richly illustrated. It consists of 16 chapters and 13 very helpful appendixes including demographic maps of the spread of Islam, a Glossary of Islamic Terms, a comparison of Muslim nations' military spending vs. their national prosperity, a chart on how Jihad works depending on the percentage of Muslims in the population and guidelines for Muslim evangelism.

Constituting Religion

Author : Tamir Moustafa
Publisher : Cambridge University Press
ISBN 13 : 1108334075
Total Pages : pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Constituting Religion by : Tamir Moustafa

Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

Islam and Democracy

Author : John L. Esposito
Publisher : Oxford University Press
ISBN 13 : 0198026757
Total Pages : 241 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Islam and Democracy by : John L. Esposito

Download or read book Islam and Democracy written by John L. Esposito and published by Oxford University Press. This book was released on 1996-05-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Islam and democracy on a collision course? Do Islamic movements seek to "hijack democracy?" How have governments in the Muslim world responded to the many challenges of Islam and democracy today? A global religious resurgence and calls for greater political participation have been major forces in the post-Cold War period. Across the Muslim world, governments and Islamic movements grapple with issues of democratization and civil society. Islam and Democracy explores the Islamic sources (beliefs and institutions) relevant to the current debate over greater political participation and democratization. Esposito and Voll use six case studies--Algeria, Egypt, Iran, Malaysia, Pakistan, and Sudan--to look at the diversity of Muslim experiences and experiments. At one end of the spectrum, Iran and Sudan represent two cases of militant, revolutionary Islam establishing political systems. In Pakistan and Malaysia, however, the new movements have been recognized and made part of the political process. Egypt and Algeria reveal the coexistence of both extremist and moderate Islamic activism and demonstrate the complex challenges confronting ruling elites. These case studies prove that despite commonalities, differing national contexts and identities give rise to a multiplicity of agendas and strategies. This broad spectrum of case studies, reflecting the multifaceted relationship of Islam and Democracy, provides important insight into the powerful forces of religious resurgence and democratization which will inevitably impact global politics in the twenty first century.

Human Rights and Islam

Author : Abdullah Saeed
Publisher : Edward Elgar Publishing
ISBN 13 : 1784716588
Total Pages : 288 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Human Rights and Islam by : Abdullah Saeed

Download or read book Human Rights and Islam written by Abdullah Saeed and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

Muslims in the West After 9/11

Author : Jocelyne Cesari
Publisher : Routledge
ISBN 13 : 1135188742
Total Pages : 264 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Muslims in the West After 9/11 by : Jocelyne Cesari

Download or read book Muslims in the West After 9/11 written by Jocelyne Cesari and published by Routledge. This book was released on 2009-12-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first systematic attempt to study the situation of European and American Muslims after 9/11, and to present a comprehensive analysis of their religious, political, and legal situations. Since 9/11, and particularly since the Madrid and London bombings of 2004 and 2005, the Muslim presence in Europe and the United States has become a major political concern. Many have raised questions regarding potential links between Western Muslims, radical Islam, and terrorism. Whatever the justification of such concerns, it is insufficient to address the subject of Muslims in the West from an exclusively counter-terrorist perspective. Based on empirical studies of Muslims in the US and Western Europe, this edited volume posits the situation of Muslim minorities in a broader reflection on the status of liberalism in Western foreign policies. It also explores the changes in immigration policies, multiculturalism and secularism that have been shaped by the new international context of the ‘war on terror’. This book will be of great interest to students of Critical Security Studies, Islamic Studies, Sociology and Political Science in general. Jocelyne Cesari is an Associate at Harvard’s Center for Middle Eastern Studies and the Center for European Studies, teaching at Harvard Divinity School and the Government Department, specializing in Islam and the Middle East.