Muslim World Journal of Human Rights最新文献_第4页

Necessity of Reinterpretation of Sharia in the Thoughts of a Grand Ayatollah: Saanei’s Response to the Challenge of Human Rights in Islam 在大阿亚图拉思想中重新解释伊斯兰教法的必要性:萨内伊对伊斯兰人权挑战的回应

Muslim World Journal of Human Rights Pub Date : 2019-10-25 DOI: 10.1515/mwjhr-2018-0017

M. Goudarzi, A. Najafinejad

{"title":"Necessity of Reinterpretation of Sharia in the Thoughts of a Grand Ayatollah: Saanei’s Response to the Challenge of Human Rights in Islam","authors":"M. Goudarzi, A. Najafinejad","doi":"10.1515/mwjhr-2018-0017","DOIUrl":"https://doi.org/10.1515/mwjhr-2018-0017","url":null,"abstract":"Abstract The common method of the traditional Islamic Jurisprudence in seminaries has been challenged by Ayatollah Yousef Saanei, one of the ten prominent Iranian Grand Ayatollahs. Saanei is well known for attempting to institutionalize a new method of Ijtihad, known as searching Ijtihad, which seeks to reconsider the common mode of understanding religious texts and jurisprudential inferences. His experiences of observing the systematic ineffectiveness and discrimination in popular jurisprudence regarding women’s rights, family, and religious minorities persuaded him to take scientific action in revising the common jurisprudential method. In the present paper, the necessity of revising the common jurisprudential approach in seminaries from Saanei’s point of view is firstly studied. Afterwards, the foundations, principles, and methods of modern Saanei’s Ijtihad will be investigated to determine the structure and foundations of his jurisprudential method and evaluate its impact on resolving the contradictions between traditional perceptions of religion and human rights.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/mwjhr-2018-0017","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47801524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The Islamic and Western Cultures and Values of Privacy 伊斯兰和西方的隐私文化和价值观

Muslim World Journal of Human Rights Pub Date : 2019-10-25 DOI: 10.1515/mwjhr-2019-0004

S. Almutairi

{"title":"The Islamic and Western Cultures and Values of Privacy","authors":"S. Almutairi","doi":"10.1515/mwjhr-2019-0004","DOIUrl":"https://doi.org/10.1515/mwjhr-2019-0004","url":null,"abstract":"Abstract The paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection of one’s persona in Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/mwjhr-2019-0004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45336962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Frontmatter Frontmatter

Muslim World Journal of Human Rights Pub Date : 2019-10-18 DOI: 10.1515/mwjhr-2019-frontmatter1

引用次数: 0

Frontmatter

Muslim World Journal of Human Rights Pub Date : 2018-06-01 DOI: 10.1515/mwjhr-2018-frontmatter1

引用次数: 0

Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform 巴基斯坦和伊朗穆斯林妇女离婚后的赡养权：为法律改革辩护

Muslim World Journal of Human Rights Pub Date : 2018-06-01 DOI: 10.1515/MWJHR-2018-0004

A. Shahid

{"title":"Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform","authors":"A. Shahid","doi":"10.1515/MWJHR-2018-0004","DOIUrl":"https://doi.org/10.1515/MWJHR-2018-0004","url":null,"abstract":"Abstract Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2018-0004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45670306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Contemporary Traditionalists and Reformists Iranian Jurists and the Subject of Human Rights 当代传统主义者与改革派:伊朗法学家与人权主题

Muslim World Journal of Human Rights Pub Date : 2018-06-01 DOI: 10.1515/MWJHR-2017-0023

M. Goudarzi, A. Najafinejad

{"title":"Contemporary Traditionalists and Reformists Iranian Jurists and the Subject of Human Rights","authors":"M. Goudarzi, A. Najafinejad","doi":"10.1515/MWJHR-2017-0023","DOIUrl":"https://doi.org/10.1515/MWJHR-2017-0023","url":null,"abstract":"Abstract The inability of traditional Shi’a jurisprudents to respond to the challenges in the field of human rights and the rights of religious minorities, which is rooted in the denial of human dignity and the emphasis on religious dignity, has led to the emergence of a new discourse among contemporary Shi’a jurisprudents in Iran in recent years. This group of jurists known as reformist jurists seeks to re-evaluate the jurisprudential laws, re-interpret the Shari’a and find a way out of the religion to reduce the existing conflict with the universal human rights standards. The opinions of this group of jurists, albeit criticized by the traditional scholars, have been welcomed by young clerics. To understand the main aspects of this jurisprudential dispute, two main questions have been considered by the researchers: What are the main principles of human rights in the thoughts of traditionalist and reformist jurists in Iran? And how differently have the reformist jurists conceptualized the subject of human rights? To answer these questions, the impact of traditional jurisprudents on the formulation of the current constitution of Iran is studied and the main differences between the views of traditional and modern jurists are evaluated.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2017-0023","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45302005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Jordanian Discriminatory Laws Concerning Women. The Dichotomy of Strive for Progression versus Tradition 约旦关于妇女的歧视性法律。追求进步与传统的二分法

Muslim World Journal of Human Rights Pub Date : 2018-06-01 DOI: 10.1515/MWJHR-2017-0022

Agata Julia Foksa-Biegaj

{"title":"Jordanian Discriminatory Laws Concerning Women. The Dichotomy of Strive for Progression versus Tradition","authors":"Agata Julia Foksa-Biegaj","doi":"10.1515/MWJHR-2017-0022","DOIUrl":"https://doi.org/10.1515/MWJHR-2017-0022","url":null,"abstract":"Abstract The primary aim of this article is to illustrate the dichotomy of Jordan as a progressive country, perhaps best exemplified through the engagement of the royal family in human rights matters, versus the traditional approach, sanctioning the discriminatory laws concerning women. This paper further attempts to demonstrate that Jordan is balancing between the conservative tribal interests, by pertaining to the Arab and Islamic tradition on the one hand, and the need for democratisation and further human rights development on the other. It is important to note, that discriminatory laws concerning women are not the only examples illustrating this peculiar mechanism, however, they constitute the most vivid one. The author further submits that many authors, as well as international bodies such as CEDAW and the Human Rights Committee, fail to understand the dynamics and complexity of the human rights situation in Jordan. Hence, these authors and authorities’ recommendations are often misguided, as they focus mostly on amending the discriminatory legislation. This article briefly discusses cultural relativism aspects and suggests that actual progress can be achieved by developing a unique language of human rights related to the Arab culture, for instance through the newly established Jordanian Constitutional Court.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2017-0022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43118191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Genuine Islamic Conceptualization of Religious Freedom 真正的伊斯兰宗教自由概念

Muslim World Journal of Human Rights Pub Date : 2018-06-01 DOI: 10.1515/MWJHR-2018-0020

Farhood Badri

{"title":"A Genuine Islamic Conceptualization of Religious Freedom","authors":"Farhood Badri","doi":"10.1515/MWJHR-2018-0020","DOIUrl":"https://doi.org/10.1515/MWJHR-2018-0020","url":null,"abstract":"Abstract Departing from a critical norm research perspective, the paper first sketches the need to unveil the Eurocentric and secular bias of International Relations (IR) as a discipline in general and its constructivist norm research program in particular. With regard to human rights norms, and religious freedom in particular, the dominant liberal-secular international human rights law understanding of religious freedom marginalizes religious, and especially, Islamic grounds and understandings of this truly global norm. Indeed, it demonstrates both, the dominant ideational perspective of religious freedom as a Western human right grounded by Western-canonical thinkers, and the limits of accommodating religion and religious voices in IR. In contrast, and against the background of a post-secular IR, the paper seeks to unveil alternative and marginalized bodies of Islamic knowledge for the sake of a more comprehensive picture to be painted by IR. By reconstructing reformist Islamic thought and Islamic ideational perspectives and conceptualizations of religious freedom, the paper seeks to let these voices speak for themselves as truly genuine Islamic contributions to IR. The overall aim is threefold: to theoretically connect critical norm research and post-secular approaches with reformist Islamic thought by conceptualizing ijtihad as religious norm contestation; to unveil the double marginalized character of critical Muslim voices in IR; and finally to paint a broader and more comprehensive picture of Islam and IR by revealing an alternative Islamic genealogy of universal religious freedom.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2018-0020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47884322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Children’s Custody under Islamic Law: Whose Right Is It? 伊斯兰教法下的儿童监护权:谁的权利?

Muslim World Journal of Human Rights Pub Date : 2018-06-01 DOI: 10.1515/MWJHR-2018-0019

Zainah Almihdar

引用次数: 0

Charlie Hebdo: Testing the Limits of Freedom of Expression 《查理周刊》:试探言论自由的极限

Muslim World Journal of Human Rights Pub Date : 2017-08-28 DOI: 10.1515/mwjhr-2017-0007

N. Shah

{"title":"Charlie Hebdo: Testing the Limits of Freedom of Expression","authors":"N. Shah","doi":"10.1515/mwjhr-2017-0007","DOIUrl":"https://doi.org/10.1515/mwjhr-2017-0007","url":null,"abstract":"Abstract The right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Muhammad, which although might offend Muslims, are an acceptable form of expression in Western democracies except cartoon number two implying the Prophet Muhammad as a ‘terrorist’ which is ‘insulting’ and ‘an abusive attack’ on the Muslim community and Islam. In the post-9/11 circumstances, it may be viewed as a vehicle for instigating hatred against the Muslim community. By critiquing the inaction of Denmark and France, I argue that failure to prosecute Jyllands-Posten and Charlie Hebdo violates Articles 9(1) of the European Convention and the Danish Criminal Code and the French Freedom of Press Act 1881. Relying on ECtHR’s jurisprudence, I argue that the values of the Convention and democracy aim to nurture a society based on tolerance, social peace, non-discrimination and broad-mindedness. The public space is a shared space and no single group – religious and non-religious – can monopolise nor intimidate it.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/mwjhr-2017-0007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47294853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1