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Author: Anver M. Emon Publisher: OUP Oxford ISBN: 0191637742 Category : Law Languages : en Pages : 384
Book Description
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.
Author: Anver M. Emon Publisher: OUP Oxford ISBN: 0191637742 Category : Law Languages : en Pages : 384
Book Description
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.
Author: Chiara Formichi Publisher: Cornell University Press ISBN: 1501760459 Category : History Languages : en Pages : 345
Book Description
In 1945, Sukarno declared that the new Indonesian republic would be grounded on monotheism, while also insisting that the new nation would protect diverse religious practice. The essays in Religious Pluralism in Indonesia explore how the state, civil society groups, and individual Indonesians have experienced the attempted integration of minority and majority religious practices and faiths across the archipelagic state over the more than half century since Pancasila. The chapters in Religious Pluralism in Indonesia offer analyses of contemporary phenomena and events; the changing legal and social status of certain minority groups; inter-faith relations; and the role of Islam in Indonesia's foreign policy. Amidst infringements of human rights, officially recognized minorities—Protestants, Catholics, Hindus, Buddhists and Confucians—have had occasional success advocating for their rights through the Pancasila framework. Others, from Ahmadi and Shi'i groups to atheists and followers of new religious groups, have been left without safeguards, demonstrating the weakness of Indonesia's institutionalized "pluralism." Contributors: Lorraine Aragon, Christopher Duncan, Kikue Hamayotsu, Robert Hefner, James Hoesterey, Sidney Jones, Mona Lohanda, Michele Picard, Evi Sutrisno, Silvia Vignato
Author: Richard Moon Publisher: UBC Press ISBN: 9780774814980 Category : History Languages : en Pages : 309
Book Description
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Author: Norbert Oberauer Publisher: BRILL ISBN: 9004398260 Category : Law Languages : en Pages : 268
Book Description
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Author: Zulfikar Hirji Publisher: I.B. Tauris ISBN: Category : History Languages : en Pages : 288
Book Description
"This volume is the result of a series of seminars on 'Muslim pluralism' hosted at The Institute of Ismaili Studies between 2002 and 2003
Author: Jerusha Tanner Lamptey Publisher: Oxford University Press ISBN: 0190458011 Category : Religion Languages : en Pages : 353
Book Description
Drawing upon the work of Muslim women interpreters of the Qur'an, feminist theology, and semantic analysis, Never Wholly Other offers a novel re-interpretation of the Qur'anic discourse on religious "otherness." Lamptey challenges notions of clear and static religious boundaries.
Author: Rossella Bottoni Publisher: Springer ISBN: 3319283359 Category : Law Languages : en Pages : 410
Book Description
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
Author: Anver M. Emon Publisher: OUP Oxford ISBN: 0191645702 Category : Law Languages : en Pages : 416
Book Description
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.
Author: Denise Spellberg Publisher: Vintage ISBN: 0307388395 Category : History Languages : en Pages : 418
Book Description
In this original and illuminating book, Denise A. Spellberg reveals a little-known but crucial dimension of the story of American religious freedom—a drama in which Islam played a surprising role. In 1765, eleven years before composing the Declaration of Independence, Thomas Jefferson bought a Qur’an. This marked only the beginning of his lifelong interest in Islam, and he would go on to acquire numerous books on Middle Eastern languages, history, and travel, taking extensive notes on Islam as it relates to English common law. Jefferson sought to understand Islam notwithstanding his personal disdain for the faith, a sentiment prevalent among his Protestant contemporaries in England and America. But unlike most of them, by 1776 Jefferson could imagine Muslims as future citizens of his new country. Based on groundbreaking research, Spellberg compellingly recounts how a handful of the Founders, Jefferson foremost among them, drew upon Enlightenment ideas about the toleration of Muslims (then deemed the ultimate outsiders in Western society) to fashion out of what had been a purely speculative debate a practical foundation for governance in America. In this way, Muslims, who were not even known to exist in the colonies, became the imaginary outer limit for an unprecedented, uniquely American religious pluralism that would also encompass the actual despised minorities of Jews and Catholics. The rancorous public dispute concerning the inclusion of Muslims, for which principle Jefferson’s political foes would vilify him to the end of his life, thus became decisive in the Founders’ ultimate judgment not to establish a Protestant nation, as they might well have done. As popular suspicions about Islam persist and the numbers of American Muslim citizenry grow into the millions, Spellberg’s revelatory understanding of this radical notion of the Founders is more urgent than ever. Thomas Jefferson’s Qur’an is a timely look at the ideals that existed at our country’s creation, and their fundamental implications for our present and future.
Author: Daniel Philpott Publisher: Oxford University Press ISBN: 0190908203 Category : Law Languages : en Pages : 273
Book Description
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.
Author: Anver M. Emon
Author: Anver M. Emon
Author: Chiara Formichi
Author: Richard Moon
Author: Norbert Oberauer
Author: Zulfikar Hirji
Author: Jerusha Tanner Lamptey
Author: Rossella Bottoni
Author: Anver M. Emon
Author: Denise Spellberg
Author: Daniel Philpott