Democracy In Islamic And International Law

Author : Dr. Ibrahim S Alharbi
Publisher : AuthorHouse
Page : 352 pages
File Size : 45,8 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781456740658

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Democracy in Islamic and International Law by Dr. Ibrahim S Alharbi Pdf

Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights.

Author : Sayed Khatab,Gary D. Bouma
Publisher : Routledge
Page : 273 pages
File Size : 48,6 Mb
Release : 2007-06-22
Category : Political Science
ISBN : 9781134093847

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Democracy In Islam by Sayed Khatab,Gary D. Bouma Pdf

Challenging the view of Islamic extremists and critics of Islam, this book explores the very topical issue of Islam’s compatibility with democracy. It examines: principles of Islam's political theory and the notion of democracy therein the notion of democracy in medieval and modern Muslim thought Islam and human rights the contribution of Islamic legal ideas to European legal philosophy and law. The book addresses the pressing need for a systematic show of an Islamic politics of human rights and democracy grounded in the Qur’an. The West wonders about Islam and human rights, and its own ability to incorporate Muslim minority communities. Many Muslims also seek to find within Islam support source for democratic governance and human rights.

Author : Eugene Cotran,Adel Omar Sherif
Publisher : BRILL
Page : 612 pages
File Size : 53,8 Mb
Release : 2023-10-16
Category : Law
ISBN : 9789004635012

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Democracy: the Rule of Law and Islam by Eugene Cotran,Adel Omar Sherif Pdf

Author : Salar Abbasi
Publisher : Routledge
Page : 151 pages
File Size : 54,6 Mb
Release : 2021-12-20
Category : Law
ISBN : 9781000513813

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Democracy in International Law-Making by Salar Abbasi Pdf

This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.

Author : L. Ali Khan
Publisher : Martinus Nijhoff Publishers
Page : 296 pages
File Size : 41,9 Mb
Release : 2003-01-01
Category : Law
ISBN : 9041120033

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A Theory of Universal Democracy by L. Ali Khan Pdf

A Theory of Universal Democracy empowers cultures and communities across the world to custom design democracy in consonance with their traditional values. For example, the book makes concrete proposals for Muslim countries to democratize their constitutions without accepting Western values and without violating the principles of Islamic law. More importantly, Universal Democracy further develops the idea of Free State, which the author first presented in his previous book, The Extinction of Nation-States (Kluwer, 1996). The proposed fusion of Universal Democracy and Free State is designed to revolutionize the classical theory of government and to offer a new paradigm that accommodates both universality and uniqueness. Scholars, teachers and students of international law, constitutional law, legal theory, and Islamic law will find this book a source of valuable ideas.

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 349 pages
File Size : 41,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781108843133

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Democracies and International Law by Tom Ginsburg Pdf

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Author : Dawood Ahmed,Muhammad Zubair Abbasi
Publisher : Cambridge University Press
Page : 233 pages
File Size : 52,6 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781009325073

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Democracy under God by Dawood Ahmed,Muhammad Zubair Abbasi Pdf

The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.

Author : L. Ali Khan
Publisher : BRILL
Page : 284 pages
File Size : 44,8 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004479135

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A Theory of Universal Democracy by L. Ali Khan Pdf

Democracy is often associated with Western liberal values, such as free markets, individual rights and secularism. Some scholars assert that liberal democracy is the end of history. Disputing such claims, this work presents the concept of Universal Democracy to think beyond the values of Western democracy. A Theory of Universal Democracy empowers cultures and communities across the world to custom design democracy in consonance with their traditional values. For example, the book makes concrete proposals for Muslim countries to democratize their constitutions without accepting Western values and without violating the principles of Islamic law. More importantly, Universal Democracy further develops the idea of Free State, which the author first presented in his previous book, The Extinction of Nation-States. The proposed fusion of Universal Democracy and Free State is designed to revolutionize the classical theory of government and to offer a new paradigm that accommodates both universality and uniqueness.

Author : Carlo Panara,Gary Wilson
Publisher : Martinus Nijhoff Publishers
Page : 306 pages
File Size : 53,5 Mb
Release : 2013-01-08
Category : Law
ISBN : 9789004243415

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The Arab Spring by Carlo Panara,Gary Wilson Pdf

The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.

Author : Gregory H. Fox,Brad R. Roth
Publisher : Cambridge University Press
Page : 604 pages
File Size : 49,6 Mb
Release : 2000-05-11
Category : Law
ISBN : 0521667968

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Democratic Governance and International Law by Gregory H. Fox,Brad R. Roth Pdf

PART V CRITICAL APPROACHES.

Author : John L. Esposito,John O. Voll
Publisher : Oxford University Press
Page : 241 pages
File Size : 52,8 Mb
Release : 1996-05-09
Category : Religion
ISBN : 9780198026754

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Islam and Democracy by John L. Esposito,John O. Voll Pdf

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.

Author : M. A. Muqtedar Khan
Publisher : Lexington Books
Page : 302 pages
File Size : 53,5 Mb
Release : 2006
Category : Political Science
ISBN : 0739106457

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Islamic Democratic Discourse by M. A. Muqtedar Khan Pdf

This wide-ranging set of essays explores the multi-faceted relationship between Islam and democracy. Each essayist's unique viewpoint on contemporary Islam provides insight into Islamic political thought and its connection to Western democracy.

Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 41,6 Mb
Release : 2005-12-22
Category : Law
ISBN : 0521848989

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Democracy, Minorities and International Law by Steven Wheatley Pdf

This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

Author : Ellis Goldberg,Reşat Kasaba,Joel S. Migdal
Publisher : University of Washington Press
Page : 296 pages
File Size : 50,8 Mb
Release : 1993
Category : History
ISBN : 0295972874

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Rules and Rights in the Middle East by Ellis Goldberg,Reşat Kasaba,Joel S. Migdal Pdf

"As a whole, the book demonstrates that neither the region's overgrown state structures nor the corresponding weakness of autonomous societal organizations can be explained by referring to cultural characteristics of the people in the Middle East or to the precepts of their religions. True explanations, the authors argue, should be framed historically. They pay special attention to the relations among the various groups and regions of the Middle East and to those between the Middle East and western Europe. The authors emphasize the important role played by economic issues and constraints in broadening or narrowing the scope of democracy at various points in time; and finally, they are in agreement in seeing religion and culture of the Middle East not in static and essentialist terms but as dynamic phenomena that grow independently and even in opposition to existing political authorities."--BOOK JACKET.

Author : José Casanova
Publisher : Oxford University Press
Page : 512 pages
File Size : 42,9 Mb
Release : 2017-04-15
Category : Religion
ISBN : 9780191092862

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Islam, Gender, and Democracy in Comparative Perspective by José Casanova Pdf

The relationship between secularism, democracy, religion, and gender equality has been a complex one across Western democracies and still remains contested. When we turn to Muslim countries, the situation is even more multifaceted. In the views of many western commentators, the question of Women Rights is the litmus test for Muslim societies in the age of democracy and liberalism. Especially since the Arab Awakening, the issue is usually framed as the opposition between liberal advocates of secular democracy and religious opponents of women's full equality. Islam, Gender, and Democracy in Comparative Perspective critically re-engages this too simple binary opposition by reframing the debate around Islam and women's rights within a broader comparative literature. Bringing together leading scholars from a range of disciplines, it examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part One addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part Two localizes the implementation of this nexus between law, gender, and democracy and provides contextualized responses to questions raised in Part One. The contributors explore the situation of Muslim women's rights in minority conditions to shed light on the gender politics in the modernization of the nation and to ponder on the role of Islam in gender inequality across different Muslim countries.