The Rule Of Law Freedom Of Expression And Islamic Law

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The Rule of Law, Freedom of Expression and Islamic Law

Author : Hossein Esmaeili
Publisher : Bloomsbury Publishing
ISBN 13 : 1782257500
Total Pages : 312 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Rule of Law, Freedom of Expression and Islamic Law by : Hossein Esmaeili

Download or read book The Rule of Law, Freedom of Expression and Islamic Law written by Hossein Esmaeili and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Islamic Law and International Human Rights Law

Author : Anver M. Emon
Publisher : OUP Oxford
ISBN 13 : 0191645702
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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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.

Democracy: the Rule of Law and Islam

Author : Eugene Cotran
Publisher : BRILL
ISBN 13 : 9004635017
Total Pages : 612 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Democracy: the Rule of Law and Islam by : Eugene Cotran

Download or read book Democracy: the Rule of Law and Islam written by Eugene Cotran and published by BRILL. This book was released on 2023-10-16 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

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.

Freedom of Expression in Islam

Author : Mohammad Hashim Kamali
Publisher :
ISBN 13 :
Total Pages : 374 pages
Book Rating : 4.X/5 (6 download)

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Book Synopsis Freedom of Expression in Islam by : Mohammad Hashim Kamali

Download or read book Freedom of Expression in Islam written by Mohammad Hashim Kamali and published by . This book was released on 1997 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Expression in Islam is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour. Distinguished by its clarity and readability, this book is not only essential reading for anyone interested in Islamic law, in Muslim society or in issues of comparative jurisprudence, but is also an important contribution to the current debate concerning the definition and limits of the principle of free speech. Suitable for undergraduate and post-graduate courses in Islamic Studies, Comparative Jurisprudence and Political Theory.

Freedom of Expression in Islam

Author : Muhammad Khalid Masud
Publisher : Bloomsbury Publishing
ISBN 13 : 0755637674
Total Pages : 273 pages
Book Rating : 4.7/5 (556 download)

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Book Synopsis Freedom of Expression in Islam by : Muhammad Khalid Masud

Download or read book Freedom of Expression in Islam written by Muhammad Khalid Masud and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book – comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve powerful groups to silence dissent and stifle critical thought. The first part of the book covers the development of the law in shifting historical circumstances and surveys the interpretations of Qur'anic verses that seem to affirm freedom of religion. The second part examines the present politics and practices of prosecuting alleged blasphemers and/or apostates in Muslim countries. The third part looks to the future and where reforms of the law could be possible. Debates on Islam and freedom of expression are often cast in polarizing terms of rights versus religion, East versus West. This volume avoids such approaches by bringing together a diverse group of Muslim scholars and activists with the knowledge, commitment and courage to contest repressive interpretations of religion and provide a resource for reclaiming the human rights to freedom of expression and belief.

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.

Questioning Secularism

Author : Hussein Ali Agrama
Publisher : University of Chicago Press
ISBN 13 : 0226010686
Total Pages : 297 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Questioning Secularism by : Hussein Ali Agrama

Download or read book Questioning Secularism written by Hussein Ali Agrama and published by University of Chicago Press. This book was released on 2012-11-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.

International Human Rights and Islamic Law

Author : Mashood A. Baderin
Publisher : OUP Oxford
ISBN 13 : 0191021822
Total Pages : 302 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Human Rights and Islamic Law by : Mashood A. Baderin

Download or read book International Human Rights and Islamic Law written by Mashood A. Baderin and published by OUP Oxford. This book was released on 2003-09-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.

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.

The Rule of Law in the Middle East and the Islamic World

Author : Eugene Cotran
Publisher : I.B. Tauris
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Rule of Law in the Middle East and the Islamic World by : Eugene Cotran

Download or read book The Rule of Law in the Middle East and the Islamic World written by Eugene Cotran and published by I.B. Tauris. This book was released on 2000-06-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. But is this standard observed by Middle Eastern and Islamic governments and enforced by their judiciaries? In this country-by-country survey, a range of distinguished scholars, practitioners and judges explore how the concepts of ""the Rule of Law"" and ""Human Rights"" are being debated and applied in the Middle East.

The Rule of Law History, Theory and Criticism

Author : Pietro Costa
Publisher : Springer Science & Business Media
ISBN 13 : 1402057458
Total Pages : 700 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa

Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Islam and the Challenge of Democracy

Author : Khaled Abou El Fadl
Publisher : Princeton University Press
ISBN 13 : 0691119384
Total Pages : 146 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Islam and the Challenge of Democracy by : Khaled Abou El Fadl

Download or read book Islam and the Challenge of Democracy written by Khaled Abou El Fadl and published by Princeton University Press. This book was released on 2004-03-28 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.

Human Rights in Islam

Author : Syed Abul ʻAla Maudoodi
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Human Rights in Islam by : Syed Abul ʻAla Maudoodi

Download or read book Human Rights in Islam written by Syed Abul ʻAla Maudoodi and published by . This book was released on 1976 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: A short exposition of the value and concept of human rights in Islam as noted in the Quran and Sunnah

Religious Freedom in Islam

Author : Daniel Philpott
Publisher : Oxford University Press
ISBN 13 : 0190908203
Total Pages : 336 pages
Book Rating : 4.1/5 (99 download)

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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 336 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.

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.