Rent 9780813344676 | Islam and Human Rights : Tradition and Politics

Summary Table of Contents Author Biography

A probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights.

Islam and Human Rightsis a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them wi... MORE

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Preface	p. ix
Acknowledgments	p. xv
Assimilating Human Rights in the Middle East	p. 1
Background: Legal Hybridity in the Middle East	p. 1
Misperceptions About Applying International Human Rights Law as Serving Imperialism	p. 4
Cultural Relativism	p. 8
Muslims Challenge Cultural Relativism	p. 13
Actual Human Rights Concerns in the Middle East	p. 17
The Emergence of International Human Rights Law	p. 19
Muslims' Responses to and Involvement in the UN Human Rights System	p. 20
Summary	p. 26
Human Rights in International and Middle Eastern Systems: Sources and Contexts	p. 27
International Human Rights: Background	p. 27
Islamic Human Rights: Sources	p. 28
The Impact of Islamization on Constitutions and Justice	p. 33
The Taliban Takeover of Afghanistan and Its Aftermath	p. 40
Saudi Arabia Confronts Pressures for Reforms and Liberalization	p. 41
Summary	p. 42
Islamic Tradition and Muslim Reactions to Human Rights	p. 43
The Premodern Islamic Heritage	p. 43
Muslim Reactions to Western Constitutionalism	p. 47
The Persistence of Traditional Priorities and Values	p. 48
Consequences of Insecure Philosophical Foundations	p. 55
Islamic Human Rights and Cultural Nationalism	p. 57
Ambivalent Attitudes on Human Rights	p. 64
Summary	p. 65
Islamic Restrictions on Human Rights	p. 67
Permissible Qualifications of Rights in International Law	p. 67
Islamic Formulas Limiting Rights	p. 69
Restrictions in the Iranian Constitution	p. 71
Restrictions in the UIDHR	p. 76
Restrictions in Other Islamic Human Rights Schemes	p. 79
Islam and Human Rights in the New Constitutions of Afghanistan and Iraq	p. 81
Summary	p. 84
Discrimination Against Women and Non-Muslims	p. 85
Equality in the Islamic Legal Tradition	p. 85
Equality in Islamic Human Rights Schemes	p. 86
Equal Protection in US and International Law	p. 89
Equal Protection in Islamic Human Rights Schemes	p. 90
Equality in the New Afghan and Iraqi Constitutions	p. 96
Summary	p. 96
Restrictions on the Rights of Women	p. 99
Background	p. 99
Islamic Law and Women's Rights	p. 99
Muslim Countries' Reactions to the Women's Convention	p. 103
Tabandeh's Ideas	p. 104
Mawdudi's Ideas	p. 105
The UIDHR	p. 107
Islamization in Iran and the Iranian Constitution	p. 114
The al-Azhar Draft Constitution	p. 119
The Cairo Declaration and the Saudi Basic Law	p. 121
Women's Rights in Pakistan	p. 124
The New Afghan and Iraqi Constitutions	p. 126
The Influence of Sex Stereotyping	p. 128
Summary	p. 131
Islamic Human Rights Schemes and Religious Minorities	p. 133
The Historical Background of Current Issues Facing Religious Minorities	p. 133
International Standards Prohibiting Religious Discrimination	p. 136
Shari'a Law and the Rights of Non-Muslims	p. 137
Tabandeh's Ideas	p. 139
The UIDHR	p. 140
The Iranian Constitution	p. 142
Mawdudi and Pakistan's Ahmadi Minority	p. 145
The Cairo Declaration, the Saudi Basic Law, and the al-Azhar Draft Constitution	p. 147
US Policies on Religious Minorities and Developments in Afghanistan and Iraq	p. 148
Summary	p. 150
The Organization of Islamic Cooperation and Muslim States Resist Human Rights for Sexual Minorities	p. 151
Background	p. 151
Sexual Minorities in the Middle East	p. 153
Contested Islamic Authority	p. 158
Tensions with the West over the Treatment of Sexual Minorities	p. 160
Muslim State's Objections to New UN Initiatives	p. 161
Summary	p. 166
Freedom of Religion in Islamic Human Rights Schemes	p. 169
Controversies Regarding the Shari'a Rule on Apostasy	p. 169
Muslim Countries Confront Freedom of Religion	p. 170
The Contemporary Significance of Apostasy	p. 171
Tabandeh's Ideas	p. 176
The UIDHR	p. 177
The al-Azhar Draft Constitution	p. 179
The Iranian Constitution	p. 180
Sudan Under Islamization	p. 182
Mawdudi and Pakistani Law Affecting Religious Freedom	p. 183
The Cairo Declaration and the Saudi Basic Law	p. 185
The Afghan and Iraqi Constitutions	p. 185
US Interventions in the Domain of Religious Freedom	p. 186
Expanding the Reach of Laws Criminalizing Insults to Islam: From the Rushdie Affair to the Danish Cartoons Controversy	p. 187
Summary	p. 201
An Assessment of Islamic Human Rights Schemes	p. 203
Excerpts from the Iranian Constitution	p. 209
The Cairo Declaration on Human Rights in Islam	p. 221
2009 Resolution on Combating Defamation of Religions	p. 229
Glossary	p. 235
Bibliography	p. 239
Notes	p. 247
Index	p. 285
Table of Contents provided by Ingram. All Rights Reserved.

Ann Elizabeth Mayer is associate professor of legal studies and business ethics at the Wharton School of the University of Pennsylvania. She holds a PhD in Middle Eastern History from the University of Michigan, a JD from the University of Pennsylvania Law School, and a Certificate in Islamic and Comparative Law from the School of Oriental and African Studies in London.

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