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Articles 1 - 20 of 20
Full-Text Articles in Law
American Muslims Can They Become A Cohesive Political Force In The 2016 Elections, Muqtedar Khan
American Muslims Can They Become A Cohesive Political Force In The 2016 Elections, Muqtedar Khan
Muqtedar Khan
The article argues that the diversity within the American Muslims community is a barrier to their becoming a united political force in America.
Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould
Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould
Rebecca Gould
No abstract provided.
Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Tom Ginsburg
Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Tom Ginsburg
Tom Ginsburg
No abstract provided.
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark however — at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion” — in whatever form that religion may take. In the asylum context, then, “religion” must be …
Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.
Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.
Mohamed Raffa Dr.
So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.
Super-Intermediaries, Code, Human Rights, Ira Nathenson
Super-Intermediaries, Code, Human Rights, Ira Nathenson
Ira Steven Nathenson
We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of “Super-Intermediaries” such as YouTube, Twitter, and Facebook, intermediaries that have tremendous power over their users’ human rights. After considering the controversy arising from the incendiary YouTube video Innocence of Muslims, the article suggests that Super-Intermediaries face a difficult and likely impossible mission of fully servicing the broad tapestry of human rights contained in the International Bill of Human Rights. The article further considers how intermediary content-control procedures focus too …
The Humane Treatment Of Animals In Compliance With Abrahamic Law And Morals, Carmen M. Cusack
The Humane Treatment Of Animals In Compliance With Abrahamic Law And Morals, Carmen M. Cusack
Carmen M Cusack
No abstract provided.
"Put Colloquially, American Law Believes That Talking Out Prevents Acting Out." A First Amendment Primer, David D. Butler
"Put Colloquially, American Law Believes That Talking Out Prevents Acting Out." A First Amendment Primer, David D. Butler
David D. Butler
"Put Colloquially, American Law Believes that Talking Out Prevents Acting Out:" A Free Speech Primer argues that the Federal First Amendment, textually against Congress,and as incorporated by reference against the Several States, states a preference for (1) sanctioning harmful speech or expression in civil proceedings (2) rather than penalizing the speaker or actor in criminal prosecutions. The essay argues that whether in the 1988 theft of an unflattering painting of Chicago Mayor Harold Washington, titled "Mirth and Girth," by three Chicago aldermen from the Chicago Art Institute ranging to then president Clinton's perjury regarding his earlier sexual abuse of an …
A Portfolio Theory Of Foreign Affairs: U.S. Relations With The Muslim World, Liaquat Ali Khan
A Portfolio Theory Of Foreign Affairs: U.S. Relations With The Muslim World, Liaquat Ali Khan
Ali Khan
The portfolio theory presents foreign policy as a series of financial, military, diplomatic, and ideological investments in international relations. Portfolios protect and promote the state’s interests through beneficial treaties, such as trade agreements, security measures, such as peace pacts and defense alliances, foreign assistance programs, cultural exchanges, and diplomatic initiatives to resolve global, regional, and bilateral problems. The portfolio theory explains how vested portfolios survive political changes and ideological shifts, preserving the foreign policy inertia and continuity. Contrary to popular expectations that the U.S. foreign policy would change with new administration, many portfolios do not change. U.S. portfolio managers frequently …
Never Say Never: Searching For Common Ground Between Muslim And Western Nations On The Issues Of Human Dignity And Human Rights, Travis Weber
Travis Weber
Travis Weber 3736 Silina Drive Virginia Beach, VA 23452 703-470-5411 tsweber@gmail.com May 4, 2010 To Whom It May Concern: Enclosed is an abstract for my article, entitled Never Say Never: Searching for Common Ground Between Muslim and Western Nations on the Issues of Human Dignity and Human Rights. My article examines the gap between Islamic and Western views of human rights, explores how this gap developed, and briefly reviews how different theories of jurisprudence would approach this gap. Due to the current world-wide increase in religious activity, including the prominence of Islam, and the version of morality that Islam brings …
The Environmental Protection In The Islamic Waqf, Nada Y. Al-Duaij
The Environmental Protection In The Islamic Waqf, Nada Y. Al-Duaij
Eisa H Al-Enizy Dr.
The Environmental Protection In the Islamic Waqf: A Case Study to the Situation in Kuwait This article will spot the light over the role of the Islamic rules in reinforcing the environmental protection, through the system of Islamic Waqf, which is similar to the actual trusteeship system adopted in recent legal and economic systems. Today, some countries such as Kuwait adopted the Islamic waqf as a national law, which resulted in establishing a public authority ruling the waqf in Kuwait which became an extreme financial empire capable to lend the government in some cases. This Waqf is subject to different …
Piercing The Veil: Using Microfinance Initiatives To Promote Female Entrepreneurship In Muslim Countries, Patrick F. Madden
Piercing The Veil: Using Microfinance Initiatives To Promote Female Entrepreneurship In Muslim Countries, Patrick F. Madden
Patrick F. Madden
This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary banking laws. By promoting female entrepreneurship, microfinance initiatives are, perhaps, the most effective means of achieving the Millennium Development goal of gender equality without upsetting the Islamic governments or the prospective borrowers.
Jurodynamics Of Islamic Law, Ali Khan
Jurodynamics Of Islamic Law, Ali Khan
Ali Khan
Abrogation is a classical concept of Islamic law, which allows jurists to organize the normative complexity of divine texts. As a rule of temporality, abrogation invalidates prior rules found incompatible with subsequent rules. By stretching the rule, critics and reformers of Islamic law wish to abrogate substantial portions of the Quran and the Prophet's Sunnah. This methodology of modernizing Islamic law secures no following in the Muslim world, which jealously defends the integrity of divine texts. Jurodynamics of Islamic law offers a sophisticated methodology, which respects the integrity of divine texts, retains the jurisprudential heritage of past centuries, but at …
Chapter 09: Societal Order, Personhood, And Human Rights (The Anthropology Of Constitutional Justice), Wolfgang Fikentscher
Chapter 09: Societal Order, Personhood, And Human Rights (The Anthropology Of Constitutional Justice), Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Next to family and kinship, society is the closest framework and mark of orientation to a “higher mammal” such as the human being (cf. Chapter 7; and I., below). Chapter 9 deals with societal and social ordering of human life and thus represent the “public side” of personhood. This gives rise to a simultaneous discussion of the concept of personhood in anthropology. Johann Wolfgang Goethe once remarked in his drama “Dr. Faustus”: “It’s in their gods that humans paint themselves” (In seinen Göttern malt sich der Mensch). Similarly, Goethe could have said: “In his companionships man …
Advocacy Under Islam And Common Law, Ali Khan
Advocacy Under Islam And Common Law, Ali Khan
Ali Khan
This Article demonstrates that advocacy arose as a reformist doctrine under both Islamic and common law traditions. Reformist advocacy fights laws with laws. In this fight, both traditions require that the advocates striving for justice be courageous but courteous. The advocates must be courageous to challenge power-based injustices. They must be courteous because aggressive manners are not essential to effective advocacy. For a variety of reasons, reformist advocacy has lost its way in both traditions. Advocacy in the United States has turned to manipulation whereas advocacy in the Islamic tradition has embraced militancy. At a time when America and Islam …
Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi
Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi
Haider Ala Hamoudi
No abstract provided.
Forcing Them To Be Free: Bush's Project For The Muslim World, Ali Khan
Forcing Them To Be Free: Bush's Project For The Muslim World, Ali Khan
Ali Khan
Employing evangelical rhetoric, the Bush administration has launched an ambitious plan to bring democracy to the Muslim world. Several past presidents of the United States have endorsed the concept of popular government for various reasons. President George W. Bush draws on democracy to fight Islamist terrorism and spread liberty. The proposed democratisation of Muslim nations embodies a complex blend of American self-interest and the paternalistic American desire to reform the world. It is unclear whether the democracy initiative will survive the Bush government. The next president may scrap the entire project as unworkable or too expensive. However, if the US …
The Essentialist Terrorist, Ali Khan
The Essentialist Terrorist, Ali Khan
Ali Khan
There is a coordianted effort on part of academics, scholars, think-tankers, journalists and others to create a profle of Muslim militants as essentialist terrorists who commit heartless violence because they are spiritually addicted to violence. These authors argue that no concrete grievances or violations of rights cause Muslim militancy. Free to trash the core beliefs of Islam and free to make fun of Islamic creeds, the Highly influential Terrorist Literature (HITLit) has successfully equated puritan Islam with terrorism. Most HITLit authors, known as terrorism experts, are research associates with influential think tanks such as RAND and the American Enterprise Institute, …
Islam As Intellectual Property: 'My Lord! Increase Me In Knowledge', Ali Khan
Islam As Intellectual Property: 'My Lord! Increase Me In Knowledge', Ali Khan
Ali Khan
The distinction between assets and ideas lies at the core of the misunderstanding between Islam and secularism, the strongest version of which is unfolding in the United States. Muslims view Islam as knowledge-based (intellectual) property, not an idea. Secularists reduce Islam to a mere idea, reserving the notion of intellectual property for literary and artistic works, inventions, patents, films, computer programs, designs, trademarks, and trade secrets. Muslims elevate the knowledge-based assets of Islam to the highest level of protection, more than the intellectual work of any scientist, artist, or corporation. Even in the face of a rising tide of secularism …
Lessons From Malcolm X: Freedom By Any Means Necessary, Ali Khan
Lessons From Malcolm X: Freedom By Any Means Necessary, Ali Khan
Ali Khan
It is no secret that Malcolm's doctrine of freedom by any means necessary generates fear. It advocates the use of force in an attempt to gain social justice which poses a threat to law and order of the society. This concept is particularly disturbing to those who control the means of change. This idea, however, is also disturbing to those who prefer non-violence even when they are subjected to injustice, those who have resigned themselves to failure, and to those who have been filled with fear ever since they were babies. Malcolm understood the impact of his militancy, and he …