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Religious Minorities Islam And The Law
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Book Synopsis Religious Pluralism and Islamic Law by : Anver M. Emon
Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.
Book Synopsis Religious Freedom in Islam by : Daniel Philpott
Download or read book Religious Freedom in Islam written by Daniel Philpott and published by Oxford University Press. This book was released on 2019-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.
Book Synopsis The Racial Muslim by : Sahar F. Aziz
Download or read book The Racial Muslim written by Sahar F. Aziz and published by Univ of California Press. This book was released on 2021-11-30 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does a country with religious liberty enmeshed in its legal and social structures produce such overt prejudice and discrimination against Muslims? Sahar Aziz’s groundbreaking book demonstrates how race and religion intersect to create what she calls the Racial Muslim. Comparing discrimination against immigrant Muslims with the prejudicial treatment of Jews, Catholics, Mormons, and African American Muslims during the twentieth century, Aziz explores the gap between America’s aspiration for and fulfillment of religious freedom. With America’s demographics rapidly changing from a majority white Protestant nation to a multiracial, multireligious society, this book is an in dispensable read for understanding how our past continues to shape our present—to the detriment of our nation’s future.
Download or read book The Dhimmi written by Bat Yeʼor and published by Associated University Presse. This book was released on 1985 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the treatment of non-Arab people under the rule of the Muslims and collects historical documents related to this subject
Book Synopsis Religious Difference in a Secular Age by : Saba Mahmood
Download or read book Religious Difference in a Secular Age written by Saba Mahmood and published by Princeton University Press. This book was released on 2015-11-03 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: How secular governance in the Middle East is making life worse—not better—for religious minorities The plight of religious minorities in the Middle East is often attributed to the failure of secularism to take root in the region. Religious Difference in a Secular Age challenges this assessment by examining four cornerstones of secularism—political and civil equality, minority rights, religious freedom, and the legal separation of private and public domains. Drawing on her extensive fieldwork in Egypt with Coptic Orthodox Christians and Bahais—religious minorities in a predominantly Muslim country—Saba Mahmood shows how modern secular governance has exacerbated religious tensions and inequalities rather than reduced them. Tracing the historical career of secular legal concepts in the colonial and postcolonial Middle East, she explores how contradictions at the very heart of political secularism have aggravated and amplified existing forms of Islamic hierarchy, bringing minority relations in Egypt to a new historical impasse. Through a close examination of Egyptian court cases and constitutional debates about minority rights, conflicts around family law, and controversies over freedom of expression, Mahmood invites us to reflect on the entwined histories of secularism in the Middle East and Europe. A provocative work of scholarship, Religious Difference in a Secular Age challenges us to rethink the promise and limits of the secular ideal of religious equality.
Book Synopsis Religious Minorities in the Middle East by : Anh Nga Longva
Download or read book Religious Minorities in the Middle East written by Anh Nga Longva and published by BRILL. This book was released on 2011-11-11 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the situation of both Muslim and non-Muslim religious minorities in the Middle East, this volume offers an analysis of various strategies of resilience and accommodation from a historical as well a contemporary perspective.
Book Synopsis Islamic Law and International Human Rights Law by : Anver M. Emon
Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Book Synopsis Law and Religion in Indonesia by : Melissa Crouch
Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
Book Synopsis China and Islam by : Matthew S. Erie
Download or read book China and Islam written by Matthew S. Erie and published by Cambridge University Press. This book was released on 2016-09 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.
Book Synopsis Religious Legal Traditions, International Human Rights Law and Muslim States by : Kamran Hashemi
Download or read book Religious Legal Traditions, International Human Rights Law and Muslim States written by Kamran Hashemi and published by BRILL. This book was released on 2008 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.
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 333 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.
Book Synopsis The Legal Treatment of Muslim Minorities in Italy by : Andrea Pin
Download or read book The Legal Treatment of Muslim Minorities in Italy written by Andrea Pin and published by Taylor & Francis. This book was released on 2017-05-15 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.
Book Synopsis Modernity, Minority, and the Public Sphere by : S.R. Goldstein-Sabbah
Download or read book Modernity, Minority, and the Public Sphere written by S.R. Goldstein-Sabbah and published by BRILL. This book was released on 2016-07-18 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modernity, Minority, and the Public Sphere: Jews and Christians in the Middle East explores the many facets associated with the questions of modernity and minority in the context of religious communities in the Middle East by focusing on inter-communal dialogues and identity construction among the Jewish and Christian communities of the Middle East and paying special attention to the concept of space.This volume draws examples of these issues from experiences in the public sphere such as education, public performance, and political engagement discussing how religious communities were perceived and how they perceived themselves. Based on the conference proceedings from the 2013 conference at Leiden University entitled Common Ground? Changing Interpretations of Public Space in the Middle East among Jews, Christians and Muslims in the 19th and 20th Century this volume presents a variety of cases of minority engagement in Middle Eastern society. With contributions by: T. Baarda, A. Boum, S.R. Goldstein-Sabbah, A. Massot, H. Müller-Sommerfeld, H.L. Murre-van den Berg, L. Robson, K.Sanchez Summerer, A. Schlaepfer, D. Schroeter and Y. Wallach
Book Synopsis Religious Minorities, Islam and the Law by : Al Khanif
Download or read book Religious Minorities, Islam and the Law written by Al Khanif and published by Routledge. This book was released on 2020-09-03 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.
Book Synopsis Democratization and Islamic Law by : Johannes Harnischfeger
Download or read book Democratization and Islamic Law written by Johannes Harnischfeger and published by Campus Verlag. This book was released on 2008 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: When democracy was introduced to Nigeria in 1999, one-third of its federal states declared that they would be governed by sharia, or Islamic law. This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences
Book Synopsis The Legal Status of D̲immī-s in the Islamic West by : María Isabel Fierro
Download or read book The Legal Status of D̲immī-s in the Islamic West written by María Isabel Fierro and published by . This book was released on 2013 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first monograph devoted to the legal status of religious minorities status accorded to dimmī-s ( Jews and Christians) in the Muslim law in the medieval Muslim west (the Maghreb and Muslim Spain). The articles in this volume provide numerous examples of the richness and complexity of interreligious relations in Medieval Islam and the reactions of jurists to those relations. The studies brought together in this volume provide an important contribution to the history of ḏimmī-s in the medieval dār al-islām, and more generally to the legal history of religious minorities in medieval societies. The central question addressed is the legal status accorded to ḏimmī-s (Jews and Christians) in the Muslim law in the medieval Muslim west (the Maghreb and Muslim Spain). The scholars whose work is brought together in these pages have dealt with a rich and complex variety of legal sources. Many of the texts are from the Mālikī legal tradition; they include fiqh, fatwā-s, ḥisba manuals. These texts function as the building blocks of the legal framework in which jurists and rulers of Maghrebi and Peninsular societies worked. The very richness and complexity of these texts, as well as the variety of responses that they solicited, refute the textbook idea of a monolithic ḏimmī system, supposedly based on the Pact of 'Umar, applied throughout the Muslim world. In fact when one looks closely at the early legal texts or chronicles from both the Mashreq and the Maghreb, there is little evidence for a standard, uniform ḏimmī system, but rather a wide variety of local adaptations. The articles in this volume provide numerous examples of the richness and complexity of interreligious relations in Medieval Islam and the reactions of jurists to those relations
Book Synopsis Rituals, Performatives, and Political Order in Northern Europe, C. 650-1350 by : Wojtek Jezierski
Download or read book Rituals, Performatives, and Political Order in Northern Europe, C. 650-1350 written by Wojtek Jezierski and published by Brepols Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume draws together contributions from history, archaeology, and the history of religion to offer an in-depth examination of political ritual and its performative and transformative potential across Continental Europe and Scandinavia. Covering the period between c. 650 and 1350, this work takes a theoretical, textual, and practical approach to the study of political ritual, and explores the connections between, and changing functions of, key rituals such as assemblies, feasts, and religious confrontations between pagans and Christians. Taking as a central premise the fact that rituals were not only successful political instruments used to create and maintain order, but were also a hazardous game in which intended strategies could fail, the papers within this volume demonstrate that the outcomes of feasts or court meetings were often highly unpredictable, and a friendly atmosphere could quickly change into a violent clash. By emphasising the conflict-ridden and unpredictable nature of ritual acts, the articles add crucial insights into the meanings, (ab)uses, and interpretations of performances in the Middle Ages. In doing so, they demonstrate that rituals, far from being mere representations of power, also constituted an important mechanism through which the political and religious order could be challenged and transformed.
