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Dieser von der Gesellschaft für Arabisches und Islamisches Recht (GAIR) veröffentlichte und von Hatem Elliesie herausgegebene dreisprachige Band basiert auf einer in Kooperation mit dem Deutschen Institut für Menschenrechte 2007 in Berlin veranstalteten Tagung anlässlich des 10-jährigen Jubiläums der GAIR. Thematisch widmet sich der Band dem Thema «Islam und Menschenrechte», wozu Wissenschaftler und Praktiker aus den unterschiedlichsten Fachgebieten und Ländern beigetragen haben. This trilingual volume, published by the Gesellschaft für Arabisches und Islamisches Recht (GAIR), and edited by Hatem Elliesie, is based on a conference, on the occasion of its 10th Annual Anniversary 2007 in Berlin, carried out in cooperation with the German Institute for Human Rights. The publication addresses the issue of «Islam and Human Rights», to which academics and practioners of various areas of expertise and countries have contributed.
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
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.
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.
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Islamic Wealth Taxation and Financing Public Health is an eye-opening and thought-provoking book that boldly explores new possibilities for funding public health initiatives in countries where Islam isn't the predominant religion. In this case, Kenya serves as the focal point. Written by a Pan-African Muslim woman, this book is a must-read for anyone curious about innovative ways to improve public health without overburdening taxpayers. The author delves into the concept of zakat, an Islamic wealth tax, and investigates how it could be used as a source of revenue to boost public health in non-Islamic states like Kenya. By shedding light on the inner workings of the Kenyan legal system, the book highlights the importance of understanding local power dynamics, cultural and religious beliefs, and political structures when examining legal issues. It's a fascinating look at how different legal frameworks can come together to tackle complex challenges, which brings together insights from human rights law, Islamic law, and constitutional law, showcasing the potential for interdisciplinary collaboration in solving real-world problems. One of the reasons this book is so timely and important is its alignment with global development goals, such as the United Nations Sustainable Development Goals (SDGs), the African Union Agenda 2063, and National Development Plans. These initiatives all emphasise the need for countries to find new, local funding sources without overtaxing their citizens. Exploring zakat as a potential solution in Kenya is particularly interesting, given the country's influence in East Africa and the potential impact of such a development in the region.
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
This volume contains theoretical and empirical articles on tensions within and between religion and human rights. There are conflicts in the past histories of Christianity and Islam in regard to human rights, but also in contemporary history. There are also tensions in the sphere of human rights, like the relation between natural law and human rights, morality and law, liberty and equality, civil rights and socio-economic rights, and more specific ones, like the rights of humans and citizens, religious freedom and the separation of church and state, religious freedom and freedom of speech, and the state and religion on social welfare provisions. The volume aims at theoretical clarification and empirical exploration on data from 14 countries. Contributors include: Jean-Pierre Wils, Piet Hein van Kempen, Mathias Rohe, Johannes (Hans) van der Ven, Anders Sjöborg, Raymond J. Webb, Jack Curran, Marion Reindl, Leo W.J.M. van der Tuin, Clement D. Fumbo, and Hans-Georg Ziebertz.
Human rights abuses and violations in Saudi Arabia attract international condemnation. But within the country, an Islamic civil rights movement, 'HASM', has called for change. While its members have received international human rights awards, the Saudi authorities have persecuted and imprisoned them. This book is the first to study human rights in the kingdom from the perspective of these prominent Saudi civil rights activists, uncovering the actual ideas that motivate their activism. Based on analysis of the group's texts, the book highlights that HASM neither supports an overthrow of the government, of which they are accused, nor are they “liberal” advocates of universal human rights. Their complex thought is a contribution to contemporary Islamic discourse because they make a case for 'peaceful civil jihad' through the protection of citizens' basic rights, but within a rigid, Salafist interpretation of social affairs that imposes heavy limits on politics, human rights and democracy. Furthermore, HASM's texts use war rhetoric and anti-Semitic language, with different arguments and words for domestic or international audiences. The most comprehensive text on this Islamic civil rights movement, the book employs detailed discourse analysis and includes sources from HASM texts in both Arabic and English.
This book traces religion and secularity in eleven countries not shaped by Western Christianity (Japan, China, Indonesia, India, Pakistan, Iran, Russia, Turkey, Israel, Egypt, and Morocco), and how they parallel or diverge from Charles Taylor's grand narrative of the North Atlantic world, A Secular Age (2007). In all eleven cases, the state - enhanced by post-colonial and post-imperial legacies - highly determines religious experience, by variably regulating religious belief, practice, property, education and/or law. Taylor's core condition of secularity - namely, legal permissibility and social acceptance of open religious unbelief (Secularity III) - is largely absent in these societies. The areas affected by state regulation, however, differ greatly. In India, Israel and most Muslim countries, questions of religious law are central to state regulation. But it is religious education and organization in China, and church property and public practice in Russia that bear the brunt. This book explains these differences using the concept of 'differential burdening'.