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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 with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights. The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minoritiesby the Organization of Islamic Cooperation (OIC) and Muslim states. The new edition also analyzes the other most recent and important issues of the region, including: The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring; The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights; The intensifying controversies over issues of sexual orientation and gender identity in the Middle East; The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize "defamation of Islam" occurring in the West.
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.
Table of Contents
|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|
|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|
|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|
|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|
|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|
|Restrictions on the Rights of Women||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|
|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|
|The Organization of Islamic Cooperation and Muslim States Resist Human Rights for Sexual Minorities||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|
|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|
|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|
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