Truth and Transitional Justice : Localising the International Legal Framework in Muslim Majority Legal Systems

With a unique perspective on the encounter between transitional justice and Islamic law, this book analyses the relocation of transitional justice truth seeking from the international paradigm to the legal systems of Muslim-majority settings. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority societies. Taking into consideration the inherently pluralistic socio-legal realities of these communities, this project explores the synergies and tensions between international law and Islamic law in furthering the truth-seeking component of transitional justice. As such, it responds to the pressing need to understand how the norms and discourse of shari’ah can inspire and support initiatives to uncover truth about past (and ongoing) abuse in order to ensure accountability for widespread human rights violations perpetrated during conflict and authoritarianism. This book will be a useful reference for scholars, practitioners and policymakers wanting to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where Islamic law principles and ideas carry different meanings. Volume 86 in the series Studies in International Law Acknowledgements Table of Contents Introduction Methodology Structure Of The Book 1. Transitional Justice between International Law and Local Norms I. Introduction II. Problematising the Normative Framework of Transitional Justice III. The Formal Sources of Transitional Justice: International Law IV. The Local Normative Sources of Transitional Justice V. Conclusion 2. Localising the International Law Framework of Transitional Justice in Muslim-Majority Societies: Theoretical and Methodological Considerations I. Introduction II. Translating the International Paradigm of Transitional Justice into Local Settings: Concepts and Theoretical Considerations III. Understanding Local Settings in the Development of a Global Paradigm of Transitional Justice: Methods IV. Conclusion 3. Legal Truths, Judicial Rituals and Transitional Justice I. Introduction II. Truth Seeking and Transitional Justice: Issues, Ambitions and Limitations III. Interpreting Legal Truth in Transitional Justice IV. Legal Truths between Collective Memories and Performances of Transitional Justice V. Conclusions 4. The Right to Truth in International Law I. Introduction II. The Emergence of the Right to Truth III. The Status of the Right to Truth in International Law IV. Conclusion 5. Islamic Law in the Legal Systems of Muslim-Majority Societies I. Introduction II. Islamic Law in Context: Divine Normativity in this World III. The Manifestations and Jurisprudential Evolutions of Islamic Law: Human Efforts IV. Islamic Law and International Law: Foundations for Transitional Justice Truth Seeking V. Conclusion 6. Transitional Truth Seeking and the Right to Truth in Muslim-Majority Legal Systems I. Introduction II. Truth Seeking: From International Law to Islamic Law III. The Production of Legal Truths in Muslim-Majority Societies: Historic Practice, Moral Imperatives, and Contemporary Applications IV. Right to Truth in Islamic Law and Jurisprudence V. Conclusion Conclusion How Islamic Law Can Embed and Develop Transitional Truth Seeking Index "With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the Shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings"-- Provided by the publisher The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. 0This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings "The Arab uprisings and new and old conflicts in the Middle East and North Africa have sparked an interest in transitional justice in Muslim-majority legal systems, and its potential to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises the pressing question of how to implement and adapt the international paradigm of transitional justice, and in particular its truth-seeking aims, to local settings characterised by Muslim majority populations. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts; it also investigates synergies between international law and Islamic law in furthering the transitional aims of accountability, justice and reconciliation through truth-seeking. In particular, this project explores truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice, in relation to Islamic jurisprudence and practices. This monograph will provide a useful reference for scholars, practitioners and policymakers seeking to analyse and design transitional truth-seeking processes in the legal systems of Muslim-majority societies."-- Provided by publisher