Democracy, Human Rights And Law In Islamic Thought (contemporary Arab Scholarship In The Social Sciences)

"Throughout the Middle East, and in the west as well, there has been much discussion concerning the notion of Islamic rule and the application of shari'ah by the state. Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law. Jabri, one of the most influential political philosophers in the contemporary Middle East, examines how these three concepts have been applied in the history of the Arab world, and shows that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms. Through analysis of contemporary Arab ideology, its doubts about democracy, whether human rights are universal and the role of women and minorities in Islamic society, he expounds on the most pertinent issues in modern political philosophy. This lively interrogation of the building blocs of western conceptions of a modern state is a classic text and is vital for all students of modern Islamic political thought. Mohammed Abed al-Jabri (1936-2010) was Emeritus Professor of Philosophy at the University of Rabat. As one of the most influential political philosophers in the contemporary Arab world, he authored many acclaimed books including, in Arabic: The Structure of Arab Reason, Arab Political Reason' and Arab Ethical Reason, and in English: The Formation of Arab Reason: Text, Tradition and the Construction of Modernity in the Arab World (I.B.Tauris, 2011)--Bloomsbury Publishing." Contents......Page 4 Volume I: Religion, State and the Application of Islamic Shariah......Page 8 Introduction......Page 10 Part One: The Question of Religion and the State......Page 36 1. Religion and the State in the Authoritative Cultural Referent......Page 38 2. Religion and State in the Renaissance Authoritative Referent......Page 54 3. Religion, Politics and Civil War......Page 64 Part Two: The Question of Applying al-Shariah......Page 68 4. Awakening and Renewal......Page 70 5. Traditionalism (al-salafiyah)...or The Historical Experience of the Nation?......Page 74 6. Extremism: Right and Left......Page 78 7. Extremism Between Creed and al-Shariah......Page 81 8. For the Procession of Ijtihad......Page 84 9. The Rationality of the Rulings of al-Shariah......Page 88 10. Ruling and Dependence......Page 93 11. Every Age has its Special Needs......Page 97 12. 'Avoid the Hudud Penalties when in Doubt'......Page 101 13. Concerning 'Complete Application of al-Shariah'......Page 106 Volume II: Democracy and Human Rights......Page 112 Introduction......Page 114 Part One: Democracy: Its Historical Role in the Arab World......Page 124 1. A Demand in the Arab World......Page 126 2. Al-Shura and Democracy are not One and the Same......Page 129 3. The Difficult Birth......Page 133 4. Partnership in Human Governance......Page 137 5. Democracy and the Right to Speak......Page 141 6. No Way Out Except Through a Historical Bloc......Page 145 Part Two: Democracy and the Current Arab Reality......Page 150 7. The Problem of Transition to Democracy......Page 152 8. Objective Situations Conducive to Democracy......Page 155 9. Contemporary Arab Ideology and its Doubts about Democracy......Page 159 10. Dispersing the Doubts about Democracy......Page 162 11. The State that Swallows up Society......Page 166 12. Cicil Society and hte Elites in the Arab Nation......Page 169 13. Elites Fear Democracy......Page 173 14. Democracy, a Necessity......Page 176 Part Three: Cultural Implantation of Human Rights in the Contemporary Arab Conscience......Page 180 15. Human Rights: Particularity and Universality......Page 182 16. Universality of Human Rights in the European Point of Reference......Page 185 17. Universality of Human Rights in the Islamic Authoritative Point of Reference: Reason and Innate Nature......Page 190 18. The Universality of Human Rights in the Islamic Authoritative Point of Reference: Covenant and al-Shura......Page 195 19. Philosophy of Human Rights and Religion......Page 199 20. Freedom is One Thing, Apostasy Another......Page 203 21. Women's Rights in Islam: Between the Fundamental Principles of al-Shariah and its Particular Rulings......Page 208 Part Four: Enhancing Awareness of Human Rights in Islam......Page 214 22. The Concept of the Human Being in Modern Thought......Page 216 23. The Concept of the Human Being in the Qu'ran......Page 219 24. The Right to life and Its Enjoyment......Page 224 25. The Right to Freedom of Belief, Knowledge and Difference......Page 228 26. Al-shura between the Qu'ran and the Circumstantial Interpretations......Page 233 27. The Right to Equality and the Question of 'Preference'......Page 237 28. Slavery and the Rights of Women......Page 241 29. The Right to Justice: The Strength of the Qu'ranic Text and the Vacillation of the 'Advisory Discourse'......Page 245 30. The Rights of the Weak Oppressed: The Right of the Poor to the Wealth of the Rich......Page 248 31. Social Security in Islam: Necessity of Development......Page 252 32. The Rights of God, the Rights of People: Application of al-Shariah......Page 256 Index......Page 259 VOLUME I: Religion, State and the Application of Islamic Shari'ah -- Part One: The Question of Religion and the State -- Chapter 1: Religion and the State in the Authoritative Cultural Referent -- Chapter 2: Religion and State in the Renaissance Authoritative Referent -- Chapter 3: Religion, Politics and Civil War -- Part Two: The Question of Applying al-Shari'ah -- Chapter 4: Awakening and Renewal -- Chapter 5: Traditionalism (al-salafiyah).. or The Historical Experience of the Nation? -- Chapter 6: Extremism: Right and Left -- Chapter 7: Extremism Between Creed and al-Shari'ah -- Chapter 8: For the Procession of Ijtihad -- Chapter 9: The Rationality of the Rulings of al-Shari'ah -- Chapter 10: Rulings and Dependence -- Chapter 11: Every Age has its Special Needs -- Chapter 12: 'Avoid the Hudud Penalties when in Doubt' -- Chapter 13: Concerning 'Complete Application of al-Shari'ah' VOLUME II: Democracy and Human Rights -- Part One: Democracy: Its Historical Role in the Arab World -- Chapter 1: A Demands in the Arab World -- Chapter 2: Al-Shura and Democracy are not One and the Same -- Chapter 3: The Difficult Birth -- Chapter 4: Partnership in Human Governance -- Chapter 5: Democracy and the Right to Speak -- Chapter 6: No Way Out Except Through a Historical Bloc -- Part Two: Democracy and the Current Arab Reality -- Chapter 7: The Problem of the Transition to Democracy -- Chapter 8: Objective Situations Conducive to Democracy -- Chapter 9: Contemporary Arab Ideology and its Doubts about Democracy -- Chapter 10: Dispersing the Doubts about Democracy -- Chapter 11: The State that Swallows up Society -- Chapter 12: Civil Society and the Elites in the Arab Nation -- Chapter 13: Elites Fear Democracy -- Chapter 14: Democracy, a Necessity -- Part Three: Cultural Implantation of Human Rights in the Contemporary Arab Conscience -- Chapter 15: Human Rights: Particularity and Universality -- Chapter 16: Universality of Human Rights in the European Point of Reference -- Chapter 17: Universality of Human Rights in the Islamic Authoritative Point of Reference: Reason and Innate Nature -- Chapter 18: Universality of Human Rights in the Islamic Authoritative Point of Reference: Covenant and al-Shura -- Chapter 19: Philosophy of Human Rights and Religion -- Chapter 20: Freedom is One Things, Apostasy Another -- Chapter 21: Women's Rights in Islam: Between the Fundamental Principles of al-Shari'ah and its Particular Rulings -- Part Four: Enhancing Awareness of Human Rights in Islam -- Chapter 22: The Concept of the Human Being in Modern Though -- Chapter 23: The Concept of the Human Being in the Qur'an -- Chapter 24: The Right to Life and its Enjoyment -- Chapter 25: The Right to Freedom of Belief, Knowledge and Difference -- Chapter 26: Al-Shura between the Qur'an and the Circumstantial Interpretations -- Chapter 27: The Right to Equality and the Question of 'Preference' -- Chapter 28: Slavery and the Rights of Women -- Chapter 29: The Right to Justice: The Strength of the Qur'anic Text and the Vacillation of the 'Advisory Discourse' -- Chapter 30: The Rights of the Weak Oppressed: The Right of the Poor to the Wealth of the Rich -- Chapter 31: Social Security in Islam: Necessity of Development -- Chapter 32: The Rights of God, the Rights of People: Application of al-Shari'ah "Mohammad Abed al-Jabri is one of the most influential political philosophers in the contemporary Middle East. A critical rationalist in the tradition of Avincenna and Averroes, he emphasises the distinctive political and cultural heritage of the Arab world whilst rejecting the philosophical discourses that have been used to obscure its democratic deficit." "This volume introduces an English-language audience for the first time to writings that have had a major impact on Arab political thought. Wide-ranging in scope yet focused in detail, these essays interrogate concepts such as democracy, law, and human rights, looking at how they have been applied in the history of the Arab world, and show that they are determined by political and social context, not by Islamic doctrine." "Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms."--Jacket. Mohammad Abed al-Jabri is one of the most influential political philosophers in the contemporary Middle East. A critical rationalist in the tradition of Avincenna and Averroes, he emphasizes the distinctive political and cultural heritage of the Arab world while rejecting the philosophical discourses that have been used to obscure its democratic deficit. This volume introduces an English-language audience for the first time to writings that have had a major impact on Arab political thought. Wide-ranging in scope yet focused in detail, these essays interrogate concepts such as democracy, law, and human rights, looking at how they have been applied in the history of the Arab world, and show that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms. 1. Religion, state and the application of Islamic Sharīʻah. The question of religion and the state ; The question of applying al-Sharīʻah Democracy an human rights. Democracy: its historical role in the Arab world ; Democracy and the current Arab reality ; Cultural implantation of human rights in the contemporary Arab conscience ; Enhancing awareness of human rights in Islam. 1. Religion, state and the application of Islamic Shari ah The question of religion and the state The question of applying al-Shari ah 2. Democracy an human rights Democracy: its historical role in the Arab world Democracy and the current Arab reality Cultural implantation of human rights in the contemporary Arab conscience Enhancing awareness of human rights in Islam.