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Articles 1 - 30 of 36
Full-Text Articles in Law
The Kaffatan Constitution, Liaquat Ali Khan
The Kaffatan Constitution, Liaquat Ali Khan
Ali Khan
This Kaffatan Constitution is transformative energy guarding the peoples of the world, animals, and all life species that exist or may come to exist in the future. It transforms communities across the world, whether these communities are nation-states, provinces, cities, town, neighborhoods, or virtual communities, and turn them into Free States and Perfect Communities. Free State is Perfect Community and Perfect Community is Free State. The two are synonymous. Perfect Community is the radiance of Supreme Truth. Perfect Community evolves out of ordinary communities if, when, and while it seeks guidance from Supreme Truth. You are Perfect Community. You evolve …
Islamic Flextime, Liaquat Ali Khan
Islamic Flextime, Liaquat Ali Khan
Ali Khan
Islamic flextime is derived from a divine decree that convenience is the organizing principle of cosmic construction. Rigid temporal frameworks restrict freedom and may even impede human happiness, social harmony, and economic efficiency. This essay explains the foundation of Islamic temporality. Islam teaches that human beings can use temporality but they have no control over time, just as they can benefit from sunlight but cannot conquer the sun. A flexible notion of temporality facilitates the performance of obligations, without repudiating the core concepts of punctuality and time commitments. Islamic flextime is an accommodation principle that respects individual needs and mitigates …
Arbitral Autonomy, Liaquat Ali Khan
Arbitral Autonomy, Liaquat Ali Khan
Ali Khan
This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement of arbitral awards. As a method of dispute resolution, arbitration offers an alternative to litigation. Yet arbitration is frequently interspersed with litigation. As a true alternative, arbitration should be, and can be, autonomous, that is, litigation-free. Arbitral autonomy fails when parties go to court to challenge validity of the arbitration agreement, to obtain emergency relief, or to contest enforceability of the award, among other reasons. To accomplish litigation-free arbitration, first, the need to go to court must be minimized; second, …
The Paradoxical Evolution Of Law, Liaquat Ali Khan
The Paradoxical Evolution Of Law, Liaquat Ali Khan
Ali Khan
The paradoxical evolution of law authenticates durability and change. It mediates between the finite and the infinite. At a given point in time, law is a definitive corpus of rules and its constitutive norms can be identified and applied through specific legal methods. Despite its finitism, however, law accommodates a complex world imbued with absolute infinitism. Time, space, divinity, nature, causation, and consequences, all are infinite. As a general matter, human systems, including law, faced with infinitism manufactures finitism. In contracts, decedent’s estate, patents, searches and seizures, and other areas of law, law needs finite facts and finite rules to …
Essay: Infinity Of Law, Ali Khan
Essay: Infinity Of Law, Ali Khan
Ali Khan
At a given point in time, law is finite and its constitutive norms can be mostly identified with certainty. Despite its finitude, however, law is also infinite because the number of future additions and subtractions to the legal system is incalculable. As a general matter, law faced with infinite causes and consequences opts for legally manufactured finitism. Concerned with contracts, decedent’s estate, patents, searches and seizures, and other areas of law, practical law requires finite facts and finite laws in order to structure transactions and resolve disputes. Practical law shuns the infinite and courts finitude. The principle of finitude, however, …
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 …
Taking Ownership Of Legal Outcomes: An Argument Against Dissociation Paradigm And Analytical Gaming, Ali Khan
Taking Ownership Of Legal Outcomes: An Argument Against Dissociation Paradigm And Analytical Gaming, Ali Khan
Ali Khan
This article argues that professional responsibilities arise within the connectionist web of laws, ethics, and personal conscience. Lawyers, judges, and law professors must not renounce personal responsibility in providing professional services. Willful reasoning derived from personal conscience alone, however, cannot be the driver of legitimate reasoning. Legal professionals must pursue cognitive coherence by connecting personal responsibility with the knowledge of laws and ethics. Lawyers must not accept the dissociation paradigm that forces them to game the system or surrender personal responsibility in serving clients. Judges must not accept the dissociation paradigm that forces them to game legal reasoning or serve …
Essay: The Quran And The Constitution, Ali Khan
Essay: The Quran And The Constitution, Ali Khan
Ali Khan
The Quran and the constitution are mutually supportive supreme texts; one does not negate the other. Numerous forms of government, cultural traditions, and economic systems are compatible with both supreme texts. Muslim nations are free to promulgate specific constitutions that reflect their social, political, and economic preferences rooted in history and culture. The specific constitution must reflect the conscience of the nation, for constitutions that fail to do so are vulnerable to amendment, even revolutionary replacement. Because the human condition is constantly evolving, the Quran, though a permanent divine text immune to alteration or amendment, is amenable to the evolutionary …
Faith-Based Torture, Ali Khan
Faith-Based Torture, Ali Khan
Ali Khan
This Essay focuses on faith-based torture perpetrated against Muslim detainees, torture that was crudely designed, only minimally seeking security-sensitive information. However, anti-Islamic torture - which has profoundly offended Muslim communities throughout the world - reaffirms the dark side of U.S. government policies that periodically single out populations, domestic and foreign, and subject them to cruelty. This dark side is evidenced by the degradation of Native Americans, enslavement of Western Africans, internment of Japanese-Americans, and slaughtering of the Vietnamese. More specifically, anti-Islamic torture has undermined what were sincere and substantial efforts of many American institutions to promote religious freedom at home …
The Quran And The Constitution, Ali Khan
The Quran And The Constitution, Ali Khan
Ali Khan
The Quran and the Constitution are mutually supportive supreme texts; one does not negate the other. Numerous forms of government, cultural traditions, and economic systems are compatible with both supreme texts. Muslim nations are free to promulgate specific constitutions that reflect their social, political, and economic preferences rooted in history and culture. The specific constitution must reflect the conscience of the nation, for constitutions that fail to do so are vulnerable to amendment, even revolutionary replacement. Because the human condition is constantly evolving, the Quran, though a permanent divine text immune to alteration or amendment, is amenable to the evolutionary …
The Baqa And Fana Infinities Of Islamic Law: Approaches To Islamic Law And Behavior, Ali Khan
The Baqa And Fana Infinities Of Islamic Law: Approaches To Islamic Law And Behavior, Ali Khan
Ali Khan
This article draws two main conclusions. First, meeting both the permanent and evolutionary needs of Muslim communities, Islamic law is a normative composite of baqā (eternal) and fanā (transient) sources of law. Islamic law founded on the Quran and the Prophet’s Sunnah (Basic Code) offers normative permanence to the extent that fundamental values of the Basic Code cannot be amended or repealed. However, Islamic positive law, comprised of fiqh, legislation, case law, local customs, and international law, evolves under the submission principle, a principle that requires positive law to submit to the Basic Code. Accordingly, no rule of positive law …
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 …
Temporality Of Law, Ali Khan
Temporality Of Law, Ali Khan
Ali Khan
Temporality is an integral part of law. But legal commentary offers no analytical model to probe the fusion of law and temporality. This study proposes such a model and presents the four general principles of law's temporality. First, the principle of temporal correlation yields legally significant inferences. Although temporality per se is not the agent of change, events that occur within a short duration of time are presumed to be causally related. Second, the principle of temporal inertia carries the dynamics of normative change and stability. It illustrates the doctrine of precedent and prohibitive injunctions as manifestations of temporal inertia. …
Protection Of Languages And Self-Expressions Under Islamic Law, Ali Khan
Protection Of Languages And Self-Expressions Under Islamic Law, Ali Khan
Ali Khan
The Islamic law of speech diversity recognizes two distinct divine rights, one applying to speech communities and the other to individuals. The divine right to language allows each speech community to preserve and celebrate its native language free of coercion and disrespect from other speech communities. Native languages are the assets of speech communities. The Islamic law prohibits coercive degradation of native languages but at the same time it interposes no barriers in learning other languages. Closely related to the right to language is the divine right to individual self-expression or self-determination. Each human being is unique because God, the …
The Immutability Of Divine Texts, Ali Khan
The Immutability Of Divine Texts, Ali Khan
Ali Khan
Divine texts are universal and timeless. They continue to guide communities and generations across the globe, as they have for centuries. Revealed in diverse cultures, languages, and legal traditions, divine texts share common themes to preserve human spirituality. No concept of prosperity, social advancement, or human rights will weaken the eternal influence of divine texts. Normative deviations from divine texts are transient. Spiritual needs that divine texts fulfill are permanent. The immutability of divine texts does not reside in interpretative gloss or exegetical methodologies. It does not dwell even in the sacred languages in which divine texts are revealed. Nor …
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 …
A Theoretical Analysis Of Payment Systems, Ali Khan
A Theoretical Analysis Of Payment Systems, Ali Khan
Ali Khan
For over two hundred years, financial institutions have been providing payment services to transfer monies from accountholders to merchants and other payees. The market however is constantly searching for more efficient and reliable devices for institutional money transfers. Credit card and other electronic payments are, accordingly, capturing a big share of payment services over which negotiable instruments have long exercised a comfortable monopoly. This Article offers a coherent theoretical model to conceptually unify payment services delivered through old and new payment devices. The model derived from the assorted payment systems currently in use argues that the payment law must adhere …
Free Markets Of Islamic Jurisprudence, Ali Khan
Free Markets Of Islamic Jurisprudence, Ali Khan
Ali Khan
This Article examines both internal and external scholarships and their respective contributions to the fiqh markets. It first explains that the fiqh markets are sustained through internal scholarship that shapes the rules of Islamic law. It later examines the role of external scholarship that might influence these markets. Although the fiqh markets are essentially Islamic, the external scholarship may offer clarifying insights and constructive criticisms. Such external scholarship may not directly influence the development of fiqh, but its indirect impact on the fiqh markets cannot be ignored. Finally, the Article also discusses the disengaged scholarship that manufactures disrespect against the …
An Islamic View Of The Battlefield, Ali Khan
An Islamic View Of The Battlefield, Ali Khan
Ali Khan
Islam rejects all conceptions of holy war. Muslims are not allowed to engage in any aggressive war to spread Islam or to impose its faith or laws on others. Muslims do not believe that God is at war with Satan, nor that He needs human help to win this battle. Any such belief is contrary to God's Unity and Sovereignty. God is above all human conflicts, and He has no conflict with Satan or any other force in the universe. God is Supreme and in complete control of all things that exist or belong to the world of the unknown. …
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, …
The Reopening Of The Islamic Code: The Second Era Of Ijtihad, Ali Khan
The Reopening Of The Islamic Code: The Second Era Of Ijtihad, Ali Khan
Ali Khan
Resisting radical proposals for change, most Muslim communities are refusing to discard the entire past.Although some Islamic regimes have experimented with secularism - and Turkey has officially adopted non-amendable constitutional secularism - most Islamic nations reject the secular model of law under which legislative authority is reposed in institutions divorced from religion and law is separated from the principles of the Quran and the Sunna - the Basic Code. Mainstream Muslim scholars and jurists from across the world seem to have reached a near-consensus that, although the Basic Code cannot be abandoned, it must be re-interpreted to establish legal systems …
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 …
The Dignity Of Labor, Ali Khan
The Dignity Of Labor, Ali Khan
Ali Khan
The denigration of manual labor is a long, sad, captivating story of human civilization. No community can survive, let alone prosper, without the manual labor of farmers, industrial employees, construction workers, miners, and innumerable other men and women who toil to make everyone's day-to-day life possible. Yet a deeply entrenched prejudice against manual labor persists. Cultures and communities across the globe and throughout history have interwoven complex social, religious, and legal webs to create, maintain, and perpetuate a manual class that performs menial, difficult, and hazardous work. Weavers of these webs, including intellectual, political, and legal elites, personally benefit from …
The Evolution Of Money: A Story Of Constitutional Nullification, Ali Khan
The Evolution Of Money: A Story Of Constitutional Nullification, Ali Khan
Ali Khan
In a free economy, the market rather than the law dictates which form of money is used in commercial transactions. The law is still needed to recognize monetary conventions of the market and, sometimes, to clean up the mess the market leaves behind its monetary adventures. But rarely has the development of money been the pure artifact of governmental policy or political decision. Money is a living creature of the market and its form changes to facilitate commercial transactions in an ever more efficient, convenient, and safe manner. As such, most innovations in monetary practices are attributable to the decisions …
A Theory Of Universal Democracy, Ali Khan
A Theory Of Universal Democracy, Ali Khan
Ali Khan
A Theory of Universal Democracy develops the concept of Free State as a democratic state in which the government is periodically elected by universal and equal suffrage. Building on this minimal procedural foundation, Universal Democracy develops a comprehensive theory of government - derived from universal values that shape the core of human civilization. Every Free State, regardless of its geographical location and historical origin, is obligated to preserve, promote and implement universal values. However, Universal Democracy is not limited to secular liberal democracy, though the latter is compatible with Universal Democracy. Separation of church and state, free markets, and Westernized …
The Kashmir Dispute: A Plan For Regional Cooperation, Ali Khan
The Kashmir Dispute: A Plan For Regional Cooperation, Ali Khan
Ali Khan
India and Pakistan should negotiate to convert the existing line of control into a permanent international border, and hold an internationally supervised plebescite in the Kashmir Valley to grant the people the right of self-determination. This solution is more appealing in the context of building a regional community. If the idea of regional community is taken seriously, the Kashmir dispute would require a new meaning. Instead of fighting over it, India and Pakistan may designate Kashmir as the first cooperative zone in the new subcontinent.
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 …
The Extinction Of Nation-States, Ali Khan
The Extinction Of Nation-States, Ali Khan
Ali Khan
Hugo Grotius founded his theory of international law on the concept of territorial sovereignty. Over the centuries, territorial sovereignty has played a key role in the development of international legal order. The world has now been divided into nearly two hundred nation-states. The people are proud of their national identities and are willing to sacrifice their lives for their beloved nation-state. But just as dinosaurs have disappeared from the face of the earth, so will nation-states with sovereign borders. One Earth will rise again, free from the walls and fences that nations are building around their unsustainable sovereignty.
The Hermeneutics Of Sexual Order, Ali Khan
The Hermeneutics Of Sexual Order, Ali Khan
Ali Khan
The hermeneutics of sexual order explores sacred Christian texts and the US Constitution to explore permissive and prohibitive sexuality. The article argues that religious neurosis dictates prohibitive norms against certain expressions of human sexuality whereas consensualism defines free sexuality. The American attitudes toward human sexuality are determined through the combined forces of religious neurosis and consensual freedom. It appears that American sexuality is moving away from religious neurosis and embracing free sexuality, breaking away from traditional norms. (The author has repudiated some of the views expressed in this article; however, the article's descriptive portions are still valid).