Constitutionalism Human Rights and Islam After the Arab Spring
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
Constitutionalism in Islamic Countries Between Upheaval and Continuity
Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
Political and Constitutional Transitions in North Africa
The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields. Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies.
The Global Promise of Federalism
This book honours the legacy of Richard Simeon, one of the most prominent federalist scholars in the world and a long time member of the Department of Political Science at the University of Toronto
Reasoning with God
In light of recent concern over Shari’ah, such as proposed laws to prohibit it in the United States and conflict over the role it should play in the new Egyptian constitution, many people are confused about the meaning of Shari‘ah in Islam and its role in the world today. In Reasoning with God, renowned Islamic scholar Khaled Abou El Fadl explains not only what Shari‘ah really means, but also the way it can revitalize and reengage contemporary Islam. After a prologue that provides an essential overview of Shari‘ah, Abou El Fadl explores the moral trajectory of Islam in today’s world. Weaving powerful personal stories with broader global examples, he shows the ways that some interpretations of Islam today have undermined its potential in peace and love. Rather than simply outlining challenges, however, the author provides constructive suggestions about how Muslims can reengage the ethical tradition of their faith through Shari‘ah. As the world’s second largest religion, Islam remains an important force on the global stage. Reasoning with God takes readers—both Muslim and non-Muslim—beyond superficial understandings of Shari‘ah to a deeper understanding of its meaning and potential.
The Arab Spring
This edited volume explores some of the key international law issues to have arisen from the events which comprised the 'Arab Spring.'
The Search for Beauty in Islam
Khaled Abou El Fadl is a classically-trained Islamic jurist, an American lawyer and law professor, and one of the most important Islamic thinkers today. In this updated and expanded edition of The Search for Beauty in Islam, Abou El Fadl offers eye-opening and enlightening insights into the contemporary realities of the current state of Islam and the West. Through a "conference of the books," an imagined conference of Muslim intellects from centuries past, Abou El Fadl examines the ugliness that has come to plague Muslim realities and attempts to reclaim what he maintains is a core moral value in Islam-the value of beauty. Does Islamic law allow, or even call for, the gruesome acts of ugliness that have become so commonly associated with Islam today? Has Islam become a religion devoid of beauty, compassion and love? Based on actual cases, this book tackles different issues and problems in each chapter through a post-9/11 lens, discussing such topics as marriage, divorce, parental rights, the position of women, the veil, sexual abuse, wife-beating, terrorism, bigotry, morality, law, and the role of tradition. Abou El Fadl argues that the rekindling of the forgotten value of beauty is essential for Muslims today to take back what has been lost to the fundamentalist forces that have denigrated their religion.
Philosophy of Nonviolence
In 2011, the Middle East saw the dictators of Tunisia, Egypt, and Yemen deposed in a matter of weeks by non-violent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region. It failed in some countries, and was not sustained in others after the dictators' fall. Beyond this uneven course, 'Philosophy of Nonviolence' examines how 2011 may have ushered in a fundamental break in the human journey, one animated by non-violence, which the book argues is the new anima of the philosophy of history.
Islam and human rights
Do Islam and Islamic law constitute real obstacles to human rights? In this revised and updated edition, the author offers critical assessments of recent Islamic human rights schemes that dilute or eliminate the human rights protections afforded by international law and compares these both with the Islamic legal heritage and with international human rights law. Contesting stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective use of elements of the Islamic tradition by conservative groups opposed to democracy and human rights. The third edition considers recent developments in human rights law and policy. For example, in Egypt, the notorious Abu Zaid case—where a scholar was declared an apostate and divorced against his will—marked a dramatic setback for human rights in the name of upholding Islamic law. However, some regimes are rethinking their previous attacks on the international human rights system—Iran being an example of a country that has recently been moving in the direction of combating the view that its Islamic ideology necessarily leads to human rights violations. In addition, the debates on whether Islam stands in the way of human rights continue in the UN, provoked in part by recent ”Islamic” reservations to human rights conventions. This edition considers these recent events and many others. Also new to the third edition: the Cairo Declaration of Human Rights in Islam and many excerpts from the Iranian constitution.