Post-islamism: features, processes and prospects

2021 ◽  
pp. 34
Author(s):  
Timur R. Khairullin
Keyword(s):  
Human Rights ◽  
Distinctive Feature ◽  
Islamic Law ◽  
Authoritarian Regimes ◽  
Modern World ◽  
Islamic State ◽  
Parliamentary Elections ◽  
Globalizing World ◽  
The Arab Spring ◽  
Islamist Movements

The article is devoted to the analysis of such an ambiguous phenomenon as Post-Islamism, which emerged as an alternative to the ideas of Islamism that were subjected to the crisis in the 1990s. A distinctive feature of Post-Islamic ideas is their compatibility with the principles of democracy in a globalizing world. Unlike Islamism, Post-Islamism focuses on the rights of an individual instead of his duties. However, these progressive ideas could not become a full-fledged replacement for Islamism, since the decline in its popularity at the end of the XX century turned out to be temporary. The success of a number of Islamist parties in the parliamentary elections at the beginning of the XXI century became a confirmation of this. The events of the Arab Spring have made significant adjustments to the ideological architecture of the region. In the wake of the fall of authoritarian regimes and the growth of democratic calls for the expansion of human rights and freedoms, Islamist movements from moderate to ultra-radical have intensified. Against the background of the victory of moderate Islamists in the parliamentary elections in Egypt, Tunisia and Morocco, they again started talking about the onset of a phase of Post-Islamism. However, the failures of the Islamists in achieving political power and creating an Islamic state are more a tactical shift in their policy than a strategic one. Few Islamist movements have abandoned their goal of creating an Islamic State with the full application of Islamic law. Since Islamism is ambiguous, the boundaries between it and post-Islamism are still blurred and inaccurate. Despite this, post-Islamism is a more intellectual discourse about Islam and its place in the modern world and society.

scholarly journals Debate on Status of Existing Non-Muslim’s Worship Places in Multi-faith Society

2021 ◽  
Vol 3 (02) ◽  
pp. 11-21
Author(s):  
Manahil Yaqoob ◽  
Farhana Mehmood
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Religious Freedom ◽  
Analytical Approach ◽  
Islamic Law ◽  
Significant Feature ◽  
Islamic State ◽  
International Media ◽  
The Status ◽  
Islamic Society

Islamic Law (Shariah) has granted fundamental human rights to Muslims and non-Muslims and safeguards their life and property by providing equal social justice. The significant feature of Shariah is to provide non-Muslims the freedom to exercise their religion in an Islamic state. The paper discusses non-Muslim’s worship places that are established in an Islamic society.  The objective of this research is to remove misunderstandings created by International media on current issues against Islamic teachings, Muslim jurists debate on Shariah perspective regarding the status of construction or erection of worship places. This present paper divided the debate on three major issues which are addressed by the Muslim jurist in today’s conflicting scenario. Firstly, Religious freedom to exercise non-Muslim’s faith in an Islamic state, secondly rulings for non-Muslim’s worship places on Islamic Lands, and lastly rebuilding and construction of non-Muslim’s worship places in a multi-faith society. A descriptive and analytical approach has been adopted for juristic opinions. The paper examines these debates by Muslim jurists of the Sunni school of thought and concludes that Shariah has granted non-Muslim’s right to construct or upright their worship places in their majority ruler area. A Muslim ruler may protect worship places of non-muslims and on the circumstantial requirement, he authorized to convert these places where necessary under the principles of Mashlaha Aama defined by the principles of Shariah.

scholarly journals JIHAD, RELIGION WAR, AND TERRORISM IN ISLAM

2018 ◽  
Vol 3 (Number 2) ◽  
pp. 11-22
Author(s):  
Yusri Muhammad Arsyad
Keyword(s):  
Human Rights ◽  
Social Life ◽  
Islamic Law ◽  
Islamic State ◽  
The Sun ◽  
Historical Evidence ◽  
Human Rights Abuses ◽  
The Real ◽  
Self Defense ◽  
The Will

Jihad in Islam is not a war that is termed a "religious war” (al-harb al-muqaddasah) - as perceived by Westerners all along. However, Jihad is: any action accompanied by sincerity, every useful perseverance, and every firmness of faith in the soul, so that we are able to fight against the various challenges in this life, which continue to evolve all the time in our souls, and in our environment. Therefore Jihad is a fountain that never diminishes for every Muslim to drink and to serve as a source of strength and energy so it creates a perfect readiness in assuming a responsibility to submit to the will of Allah SWT based on awareness and belief. Indeed jihad is a form of preparedness for Muslims as a form of self-defense of the enemies of Islam for the establishment of Islamic law in Islamic social life in the Islamic State. The history has spoke since Islamic countries have never been peacefull, human rights abuses and wars as historical evidence shows. That the enemies of Islam in this hemisphere are very intelligent to turn facts with various ways and means owned. Yet the real terrorists are very clear, as clear as the sun in broad daylight.

scholarly journals Moataz El Fegiery - Islamic Law and Human Rights: The Muslim Brotherhood in Egypt

ICR Journal ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 125-127
Author(s):  
Gowhar Quadir Wani
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Muslim Brotherhood ◽  
Modern Period ◽  
Present Book ◽  
The Muslim Brotherhood ◽  
Islamist Movements

The Muslim Brotherhood of Egypt is one of those Islamist movements in the modern period that commands huge influence both locally and globally. Like other movements, it has crafted a huge corpus of literature articulating its understanding of the religion to which it adheres-Islam-as well as the presentation of its mission. The present book under review is an investigation of the Muslim Brotherhoods understanding as well as exploitation of the language of human rights in the context of Islamic law.

scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

Non-Muslims` Citizenship in Islamic Law: A Critique from the Constitutional Perspective

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
Sayed Sikandar Shah Haneef
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Universal Declaration ◽  
Islamic State ◽  
Nation States ◽  
Authentic Voice ◽  
Islamic Faith ◽  
Permanent Residents ◽  
Intense Debate

Non-Muslim permanent residents of an Islamic state were traditionally conferred a kind of nationality status which was juridically defined as dhimmah (protected).   With the demise of Islamic Caliphate System and the constitutional collapse of its underlying principles and the subsequent emergence of nation-states, its retention, redefinition, or even abandonment became a subject of intense debate particularly among modern jurists. By and large, within juristic community the discourse has followed two divergent trends, namely the paradigm of traditionalists and that of re-constructionists. The former regards dhimmah as a permanently fixed concept and an integral part of immutable laws of the sharÊ‘ah, while the latter views it as a historically contingent institution capable of adaptation to fit the notion of modern citizenship in post-caliphate modern nation states. Consequently, this tussle has given rise to two divergent discourses among the researchers outside the Islamic faith. Some hail the traditionalist approach as more authentic voice, while others applaud the re-constructionist project as more sensible alternative paradigm capable of harmonizing Islamic law with modern notion of citizenship for Non-Muslim subjects of a Muslim state as envisioned by Universal Declaration of Human Rights (see article 15). This article proves that in both sides of the divide the emphasis on constitutional dimension of the issue has not been sufficiently explored hence attempts to place the debate in its true context so as to avoid the folly of singularly insisting on reinstating the dhimmah without the ability to revive its constitutional bases or wholly equating it with the concept of citizenship in a liberal sense as some make us to enunciate.

scholarly journals Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Na’im

2013 ◽  
Vol 3 (2) ◽  
pp. 260-278
Author(s):  
Ita Musarrofa
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Self Determination ◽  
Modern World ◽  
Islamic State ◽  
The United Nations ◽  
Race And Religion

Abstract: The reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Na'im, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shari’ah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shari’ah. It is because in some cases, the implementation of Islamic shari’ah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Na'im seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally.Keywords: Human rights, universal, shariah, Abdullah Ahmed al-Na'im

Public Freedoms in the Islamic State

2020 ◽  
Author(s):  
Rached Ghannouchi
Keyword(s):  
Human Rights ◽  
Political System ◽  
Islamic Law ◽  
Islamic State ◽  
Human Welfare ◽  
Basic Principles ◽  
Wide Acceptance ◽  
Islamic Thought ◽  
Western Concept ◽  
Democratic Principles

The author of this book has long been known as a reformist or moderate Islamist thinker. In this book he argues that the Universal Declaration of Human Rights—in its broad outlines—meets with wide acceptance among Muslims if their interpretation of Islamic law is correct. Under his theory of the purposes of Shariʻa, justice and human welfare are not exclusive to Islamic governance, and the objectives of Islamic law can be advanced in multiple ways. The book examines the Western concept of freedom and the Islamic perspective on freedom and human rights, basic democratic principles, the basic principles of an Islamic political system, the concept of tyranny across three different schools of thought, and concludes with an examination of the solutions in Islamic thought that can curb state tyranny, for the benefit of freedom, justice, and the human rights of citizens.

HUKUM ISLAM DAN HUBUNGANNYA DENGAN LUAR NEGERI PASCA REFORMAS

2015 ◽  
Vol 19 (1) ◽  
Author(s):  
Salma Salma
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
International Law ◽  
Multidisciplinary Approach ◽  
Islamic Law ◽  
Analysis Method ◽  
Strong Basis ◽  
Global Issues ◽  
Protection Of Human Rights ◽  
Scientific Fields

The development of Islamic law studies in Indonesia is increasingly interesting to follow. the use of a multidisciplinary approach to Islamic sciences, making the science of Islamic law not only a normative-theological analysis but also integrated with many scientific fields both in the sciences and the humanities. Contemporary global issues require observers and Islamic law reviewers to seriously review Islamic law in depth, one of the global issues that is currently interesting and has become a topic of discussion among many is the issue of the protection of human rights. Human rights formulation in international law cannot be separated from the issue of foreign policy. This paper will conduct a theoretical study of how the concept of Islamic Law itself protects human rights and how it relates to its relationship with post-reform foreign policy. This paper uses a comparative study between legislation and texts (verses) both in the Koran and the hadith, a comparative-critical analysis method makes it easier for the author to find substance in terms of answering the problem statement in this study. The results or conclusions obtained are that human rights are a reflection of carrying out Islamic law in order to realize the nature of universal human benefit. Islam considers that human rights are in accordance with sharia principles, namely protecting one's right to life. This is a strong basis for the study of Islamic law in contributing to the development of human rights principles in the international communityKeywords: Islamic Law, Human Rights, Globalization, International LawPerkembangan kajian hukum Islam di Indonesia makin menarik untuk diikuti. penggunaan pendekatan multidisipliner ilmu-ilmu keislaman, membuat ilmu hukum Islam tidak hanya bersifat normatif-teologis analisanya tapi sudah terintegrasi dengan banyak bidang keilmuan baik ilmu-ilmu sains maupun humaniora. Isu-isu global yang sifatnya kontemporer mengharuskan para pengamat dan pengkaji hukum Islam untuk serius melakukan telaah ulang terhadap ilmu hukum Islam secara mendalam, salah satu isu global yang saat ini menarik dan menjadi perbincangan banyak kalangan adalah soal perlindungan hak asasi manusia. Rumusan HAM dalam hukum internasional tidak bisa dilepaskan dengan persoalan politik luar negeri. Tulisan ini akan melakukan kajian teoritik tentang bagaimana konsep Hukum Islam itu sendiri terhadap perlindungan hak asasi manusia dan bagaimana pula terkait hubungannya dengan politik luar negeri pasca reformasi. Tulisan ini menggunakan studi komparatif antara perundangundangan dengan teks (ayat) baik itu di dalam Al-Quran maupun hadits, metode analisis-kritis komparatif memudahkan penulis menemukan substansi dalam hal untuk menjawab rumusan masalah dalam penelitian ini. Hasil atau kesimpulan yang didapat adalah HAM adalah refleksi untuk menjalankan syariat Islam demi mewujudkan hakikat kemaslahatan manusia secara universal. Islam memandang bahwa HAM sesuai dengan prinsip-prinsip syariah yakni melindungi hak hidup seseorang. Hal ini merupakan dasar yang kuat untuk kajian hukum Islam dalam memberikan kontribusi pada perkembangan prinsip-prinsip hak asasi manusia di dalam masyarakat internasional.Kata Kunci: Hukum Islam, Hak Asasi Manusia, Globalisasi, Hukum Internasional

Malaysia: Religious Pluralism and the Constitution in a Contested Polity

2012 ◽  
Vol 4 (2-3) ◽  
pp. 356-385 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Common Law ◽  
Islamic State ◽  
Colonial Era ◽  
Federal Constitution ◽  
Highly Sensitive ◽  
Plural Society ◽  
Muslim Majority ◽  
Historical Developments

Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.

Muslim Reformists, Female Citizenship, and the Public Accommodation of Islam in Liberal Democracy

2012 ◽  
Vol 5 (1) ◽  
pp. 2-35 ◽  
Author(s):  
Mohammad Fadel
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Islamic Law ◽  
European Convention ◽  
Political Equality ◽  
The Public ◽  
European Court ◽  
Margin Of Appreciation ◽  
Gender Hierarchy ◽  
Normative Justification

AbstractThe European Court of Human Rights (ECHR), in a trilogy of cases involving Muslim claimants, has granted state parties to the European Convention on Human Rights a wide margin of appreciation with respect to the regulation of public manifestations of Islam. The ECHR has justified its decisions in these cases on the grounds that Islamic symbols, such as the ḥijāb, or Muslim commitments to the shari‘a — Islamic law — are inconsistent with the democratic order of Europe. This article raises the question of what kinds of commitments to gender equality and democratic decision-making are sufficient for a democratic order, and whether modernist Islamic teachings manifest a satisfactory normative commitment in this regard. It uses the arguments of two modern Muslim reformist scholars — Yūsuf al-Qaraḍāwī and ‘Abd al-Ḥalīm Abū Shuqqa — as evidence to argue that if the relevant degree of commitment to gender equality is understood from the perspective of political rather than comprehensive liberalism, doctrines such as those elaborated by these two religious scholars evidence sufficient commitment to the value of political equality between men and women. This makes less plausible the ECHR's arguments justifying a different treatment of Muslims on account of alleged Islamic commitments to gender hierarchy. It also argues that in light of Muslim modernist conceptions of the shari‘a, there is no normative justification to conclude that faithfulness to the shari‘a entails a categorical rejection of democracy as the ECHR suggested.

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