Constitutional Democracy And Islam
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| Author | : Jean L. Cohen |
| Publisher | : Columbia University Press |
| Total Pages | : 465 |
| Release | : 2015-12-22 |
| Genre | : Religion |
| ISBN | : 0231540736 |
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.
| Author | : Francesco Alicino |
| Publisher | : Taylor & Francis |
| Total Pages | : 215 |
| Release | : 2023-04-07 |
| Genre | : Law |
| ISBN | : 1000863034 |
This book outlines the legal status of Muslims in Italy. In particular, it highlights that, when it comes to Islam, the Italian legal system exacerbates the dilemma of contemporary constitutional democracies, increasingly caught between the principle of equality and the right to have rights, which implies the respect of diversity. It provides readers with a deep understanding of how domestic and external socio-political factors may muddle the interpretation of Italy’s constitutional provisions, starting with those relating to state secularism and religious freedom. It is argued that today, as never before, these provisions are torn between the principle of equality and the right to be different. This situation has been exacerbated by incessant states of emergency, from immigration to religion-inspired terrorism, in light of which the presence of Islam in the peninsula has been highly politicized. Italy’s experience on the legal status of Muslims provides an interesting case study and, as such, a valuable source of empirical information for a functioning and pluralistic constitutional democracy, especially when dealing with conditions of fear and insecurity. The book will be of interest to researchers, academics, and policy-makers working in the areas of law and religion, constitutional law, comparative law, and human rights.
| Author | : Aslı Ü. Bâli |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2018-06-21 |
| Genre | : Law |
| ISBN | : 9781107694545 |
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
| Author | : Khaled Abou El Fadl |
| Publisher | : Princeton University Press |
| Total Pages | : 146 |
| Release | : 2004-03-28 |
| Genre | : Religion |
| ISBN | : 0691119384 |
The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.
| Author | : Timothy D. Sisk |
| Publisher | : US Institute of Peace Press |
| Total Pages | : 116 |
| Release | : 1992 |
| Genre | : Political Science |
| ISBN | : 9781878379214 |
This volume explores the relationship between religion and politics generally, as well as the global wave of democratization in the late twentieth century, as background to different interpretations of political Islam. It analyzes the role of these movements in Iran, Algeria, Egypt, Jordan, the Persian Gulf (especially Saudi Arabia), and the Palestinian community.
| Author | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
| Author | : Ahmet Kuru |
| Publisher | : Columbia University Press |
| Total Pages | : 226 |
| Release | : 2012-02-14 |
| Genre | : Political Science |
| ISBN | : 0231159323 |
While Turkey has grown as a world power, promoting the image of a progressive and stable nation, several policy choices have strained its relationship with the East and the West. Providing social, historical, and religious context for Turkey's singular behavior, the essays in Democracy, Islam, and Secularism in Turkey examine issues relevant to Turkish debates and global concerns, from the state's position on religion and diversity to its involvement in the European Union. Written by experts in a range of disciplines, the chapters explore the Ottoman toleration of diversity during its classical period; the erosion of ethno-religious diversity in modern, pre-democratic times; Kemalism and its role in modernization and nation building; the changing political strategies of the military; and the effect of possible EU membership on domestic reforms. They also conduct a cross-Continental comparison of "multiple secularisms" as well as political parties, considering the Justice and Development Party in Turkey in relation to Christian Democratic parties in Europe. The contributors tackle central research questions, such as what is the legacy of the Ottoman Empire's ethno-religious plurality and how can Turkey's assertive secularism be softened to allow greater space for religious actors. They address the military's "guardian" role in Turkey's secularism, the implications of recent constitutional amendments for democratization, and the consequences and benefits of Islamic activism's presence within a democratic system. No other collection confronts Turkey's contemporary evolution so vividly and thoroughly or offers such expert analysis of its crucial social and political systems.
| Author | : John L. Esposito |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 1996-05-09 |
| Genre | : Religion |
| ISBN | : 0198026757 |
Are Islam and democracy on a collision course? Do Islamic movements seek to "hijack democracy?" How have governments in the Muslim world responded to the many challenges of Islam and democracy today? A global religious resurgence and calls for greater political participation have been major forces in the post-Cold War period. Across the Muslim world, governments and Islamic movements grapple with issues of democratization and civil society. Islam and Democracy explores the Islamic sources (beliefs and institutions) relevant to the current debate over greater political participation and democratization. Esposito and Voll use six case studies--Algeria, Egypt, Iran, Malaysia, Pakistan, and Sudan--to look at the diversity of Muslim experiences and experiments. At one end of the spectrum, Iran and Sudan represent two cases of militant, revolutionary Islam establishing political systems. In Pakistan and Malaysia, however, the new movements have been recognized and made part of the political process. Egypt and Algeria reveal the coexistence of both extremist and moderate Islamic activism and demonstrate the complex challenges confronting ruling elites. These case studies prove that despite commonalities, differing national contexts and identities give rise to a multiplicity of agendas and strategies. This broad spectrum of case studies, reflecting the multifaceted relationship of Islam and Democracy, provides important insight into the powerful forces of religious resurgence and democratization which will inevitably impact global politics in the twenty first century.
| Author | : Rainer Grote |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 755 |
| Release | : 2012-02-16 |
| Genre | : History |
| ISBN | : 019975988X |
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
| Author | : Cheryl Benard |
| Publisher | : Rand Corporation |
| Total Pages | : 89 |
| Release | : 2004-03-25 |
| Genre | : Political Science |
| ISBN | : 0833036203 |
In the face of Islam's own internal struggles, it is not easy to see who we should support and how. This report provides detailed descriptions of subgroups, their stands on various issues, and what those stands may mean for the West. Since the outcomes can matter greatly to international community, that community might wish to influence them by providing support to appropriate actors. The author recommends a mixed approach of providing specific types of support to those who can influence the outcomes in desirable ways.
