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Khaled Abou El Fadl

My lecture will focus on the interface and tensions between the human rights tradition and the Islamic tradition, particularly Islamic law. What is the ‘Islamic tradition’ and, more particularly, the Islamic legal tradition? Islamic law stands in a paradoxical position vis-à-vis the human rights tradition. Western scholars have argued that the roots of the human rights tradition are to be found in Judaeo-Christian Natural Law, and more specifically, in the Natural Rights tradition. 1 In my view, after post-Enlightenment Christian thought, the Islamic

in ‘War on terror’
The case of the management of the dead related to COVID-19
Ahmed Al-Dawoody

This article studies one of the humanitarian challenges caused by the COVID-19 crisis: the dignified handling of the mortal remains of individuals that have died from COVID-19 in Muslim contexts. It illustrates the discussion with examples from Sunni Muslim-majority states when relevant, such as Egypt, the Kingdom of Saudi Arabia, Jordan, Morocco and Pakistan, and examples from English-speaking non-Muslim majority states such as the United Kingdom, the United States of America, Canada and Australia as well as Sri Lanka. The article finds that the case of the management of dead bodies of people who have died from COVID-19 has shown that the creativity and flexibility enshrined in the Islamic law-making logic and methodology, on the one hand, and the cooperation between Muslim jurists and specialised medical and forensic experts, on the other, have contributed to saving people’s lives and mitigating the effects of the COVID-19 pandemic in Muslim contexts.

Human Remains and Violence: An Interdisciplinary Journal
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The Oxford Amnesty Lectures 2006
Editor: Chris Miller

'Terror' is a diffuse notion that takes no account of local particularities and 'war on terror' is a contradiction in terms. This book is based on the lectures that were given on the subject in Oxford in 2006. Amnesty has described 'war on terror' as a war on human rights. It is also a contest of narratives: stories that the protagonists tell about themselves, about their enemies, and about what is happening now. The book considers how the recent actions of the United States have stressed and stretched two areas of international law: the right of self-defence, and the rules of international humanitarian law. State terrorism, with a bit of careful spin, can be reclassified as counter-terrorism, in other words as inherently good in the same way that terrorism is inherently bad. The book engages with the politico-conceptual difficulties of distinguishing between war and terrorism. The interface and tensions between the human rights tradition and the Islamic tradition, particularly Islamic law, is discussed. The intensification of Western repression against Islamic thinkers or activists has at times been coupled with policies that seemed designed to change the religious trajectory of society. The sexualization of torture is only one way in which the 'war on terror' has delineated who is (and who is not) human. Religion, human rights, and trauma narratives are three other mechanisms for rationalizing suffering. The book also discusses the subject of censuring reckless killing of innocent civilians by the issue of fatwas by Muslim teachers.

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Sultans and the state
Jean Gelman Taylor

caliphs are understood in Islamic societies as rulers who implement and enforce Islamic law. They are not theologians. The duty of sultan and caliph is to make an observant life possible through the apparatus and power of the state. They channel the state’s resources to support Islamic scholars, judges, teachers, preachers and schools. Historically, they enabled and sustained the propagation of Islam and formation of a Muslim society in the territories under their command. In Malay chronicles, sultans are invested with sanctity, supernatural powers and magically charged

in Monarchies and decolonisation in Asia
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Boim versus the Holy Land Foundation
Jonathan Benthall

This chapter follows broadly the conventions of a legal journal, since it was first published in the UCLA Journal of Near Eastern and Islamic Law in 2010–11. It argues that the US legal system could do more to demonstrate its fairness with regard to Islamic charities. To complement my argument, let us assume that the Palestinian zakat committees

in Islamic charities and Islamic humanism in troubled times
Shayk Muhammad Afifi Al-Akiti and H.A. Hellyer

Professor Khaled Medhat Abou El Fadl, an ardent champion of the Muslim rationalist tradition, provides a significant service to students and jurists alike in this essay relating Islamic law and the human rights tradition in the West. He explores the historical connections for the emergence of human rights schemes within the Islamic intellectual tradition – but makes it clear that the Islamic world ultimately failed to develop an indigenous natural rights discourse. His analysis points to political reasons for this underdevelopment and argues that Muslims

in ‘War on terror’
Chris Miller

clear example) concerning the need for women to obey men come into the same category, I enter more controversial territory. Dr Hellyer tells us that within Islam polygamy could never be decried as unethical or immoral in itself. As he also points out, since polygamy is only permitted under Islamic law, it could also be proscribed under Islamic law if public interest required this. The concern that Islam takes with the dignity of women might, in modern urban conditions, afford strong arguments for this. The example of 9780719082542_C04.qxd 98 8/9/11 15:51 Page 98

in Religion and rights
Open Access (free)
The Algerian war and the ‘emancipation’ of Muslim women, 1954–62
Author: Neil Macmaster

In May 1958, and four years into the Algerian War of Independence, a revolt again appropriated the revolutionary and republican symbolism of the French Revolution by seizing power through a Committee of Public Safety. This book explores why a repressive colonial system that had for over a century maintained the material and intellectual backwardness of Algerian women now turned to an extensive programme of 'emancipation'. After a brief background sketch of the situation of Algerian women during the post-war decade, it discusses the various factors contributed to the emergence of the first significant women's organisations in the main urban centres. It was only after the outbreak of the rebellion in 1954 and the arrival of many hundreds of wives of army officers that the model of female interventionism became dramatically activated. The French military intervention in Algeria during 1954-1962 derived its force from the Orientalist current in European colonialism and also seemed to foreshadow the revival of global Islamophobia after 1979 and the eventual moves to 'liberate' Muslim societies by US-led neo-imperialism in Afghanistan and Iraq. For the women of Bordj Okhriss, as throughout Algeria, the French army represented a dangerous and powerful force associated with mass destruction, brutality and rape. The central contradiction facing the mobile socio-medical teams teams was how to gain the trust of Algerian women and to bring them social progress and emancipation when they themselves were part of an army that had destroyed their villages and driven them into refugee camps.

Talal Al-Azem

Talal Al-Azem What is the place of conscience in a rule-oriented system of ethics and law? Like their peers in other rule-based moral traditions (as discussed in the Introduction ), jurisprudents of the pre-modern Muslim world grappled with how to square their conscience with existing ethical rules and the law. Until recently, however, we knew relatively little about how they thought about this issue and the various solutions they developed. The academic study of Islamic law

in Rules and ethics
Open Access (free)
Postcolonial governance and the policing of family
Author: Joe Turner

Bordering intimacy is a study of how borders and dominant forms of intimacy, such as family, are central to the governance of postcolonial states such as Britain. The book explores the connected history between contemporary border regimes and the policing of family with the role of borders under European and British empires. Building upon postcolonial, decolonial and black feminist theory, the investigation centres on how colonial bordering is remade in contemporary Britain through appeals to protect, sustain and make family life. Not only was family central to the making of colonial racism but claims to family continue to remake, shore up but also hide the organisation of racialised violence in liberal states. Drawing on historical investigations, the book investigates the continuity of colonial rule in numerous areas of contemporary government – family visa regimes, the policing of sham marriages, counterterror strategies, deprivation of citizenship, policing tactics, integration policy. In doing this, the book re-theorises how we think of the connection between liberal government, race, family, borders and empire. In using Britain as a case, this opens up further insights into the international/global circulations of liberal empire and its relationship to violence.