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Religious Pluralism and Islamic Law

Religious Pluralism and Islamic Law PDF 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.

Religious Pluralism and Islamic Law

Religious Pluralism and Islamic Law PDF 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.

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview PDF Author: Rossella Bottoni
Publisher: Springer
ISBN: 3319283359
Category : Law
Languages : en
Pages : 420

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.

Religious Freedom and Religious Pluralism in Africa

Religious Freedom and Religious Pluralism in Africa PDF Author: Pieter Coertzen
Publisher: AFRICAN SUN MeDIA
ISBN: 1928357032
Category : Religion
Languages : en
Pages : 461

Book Description
ÿAfrica continues to be a region with strong commitments to religious freedom and religious pluralism. These, however, are rarely mere facts on the ground ? they are legal, political, social, and theological projects that require considerable effort to realise. This volume ? compiling the proceedings of the third annual conference of the African Consortium for Law and Religion Studies ? focuses on various issues which vastly effect the understanding of religious pluralism in Africa. These include, amongst others, religious freedom as a human right, the importance of managing religious pluralism, and the permissibility of religious practice and observance in South African public schools.

Religious Authority and the Prospects for Religious Pluralism in Indonesia

Religious Authority and the Prospects for Religious Pluralism in Indonesia PDF Author: Asfa Widiyanto
Publisher: LIT Verlag Münster
ISBN: 3643906501
Category : Authority
Languages : en
Pages : 160

Book Description
This book deals with the role and authority of such traditionalist Muslim scholars as A. Mustofa Bisri and Emha Ainun Nadjib in seeding religious pluralism in Indonesia. It shows that it is not necessary to base religious pluralism on "liberal" or "modernist" stances but rather on "traditionalist" attitudes. Religious pluralism can be smoothly connected to "traditionalism", so that this may preserve greater credibility in the population. Traditionalist scholars may play a considerable role in promoting religious pluralism in the society, in general, and among anti-pluralist groups, in particular. The account of the role and authority of these traditionalist scholars is significant in revealing the prospects for religious pluralism in the country. (Series:?Southeast Asian Modernities, Vol. 17) [Subject: Religious Studies, Southeast Asian Studies, Islamic Studies]

Legal Pluralism in Muslim Contexts

Legal Pluralism in Muslim Contexts PDF Author: Norbert Oberauer
Publisher: BRILL
ISBN: 9004398260
Category : Law
Languages : en
Pages : 268

Book Description
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.

Islam and Religious Pluralism

Islam and Religious Pluralism PDF Author: Mutahhari
Publisher: World Federation of the KSIMC
ISBN: 189844983X
Category : Islam
Languages : en
Pages : 122

Book Description
An indepth discussion on the Islamic perspective of Religious Pluralism. This book offers rational answers to questions such as: will the great inventors and scientists, despite their worthy services for humanity, go to Hell? Will the likes of Pasteur and Edison go to Hell whilst indolent people who have spent their lives in a corner of the Masjid go to Heaven?

The Islamic Roots of Democratic Pluralism

The Islamic Roots of Democratic Pluralism PDF Author: Abdulaziz Sachedina
Publisher: Oxford University Press
ISBN: 0195349903
Category : Religion
Languages : en
Pages : 190

Book Description
This book tackles the most significant issues facing Muslims today. Sachedina argues that we must reopen the doors of religious interpretation--to correct false interpretations, replace outdated laws, and formulate new doctrines. His book critically analyzes Muslim teachings on such issues as pluralism, civil society, war and peace, and violence and self-sacrifice.

Diversity and Pluralism in Islam

Diversity and Pluralism in Islam PDF 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

Religion as Empowerment

Religion as Empowerment PDF Author: Kyriaki Topidi
Publisher: Routledge
ISBN: 1317067665
Category : Law
Languages : en
Pages : 338

Book Description
This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.

Pluralism and Plurality in Islamic Legal Scholarship

Pluralism and Plurality in Islamic Legal Scholarship PDF Author: Mouez Khalfaoui
Publisher:
ISBN: 9781463242312
Category : Electronic books
Languages : en
Pages : 260

Book Description
This book presents the positions held by ḥanafite Muslim jurists in South Asia in the 17th century with regard to the coexistence of Muslims and non-Muslims, and, secondly, compares the opinions put forth by these South Asian jurists with those maintained by their counterparts in Central Asia and the Middle East.