Islam and Human Rights: Tradition and Politics

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Preface
Acknowledgments
1 Assimilating Human Rights in the Middle East
	Background: Legal Hybridity in the Middle East
	Misperceptions About Applying International Human Rights Law as Serving Imperialism
	Cultural Relativism
	Muslims Challenge Cultural Relativism
	Actual Human Rights Concerns in the Middle East
	The Emergence of International Human Rights Law
	Muslims’ Responses to and Involvement in the UN Human Rights System
	Summary
2 Human Rights in International and Middle Eastern Systems: Sources and Contexts
	International Human Rights: Background
	Islamic Human Rights: Sources
	The Impact of Islamization on Constitutions and Justice
	The Taliban Takeover of Afghanistan and Its Aftermath
	Saudi Arabia Confronts Pressures for Reforms and Liberalization
	Summary
3 Islamic Tradition and Muslim Reactions to Human Rights
	The Premodern Islamic Heritage
	Muslim Reactions to Western Constitutionalism
	The Persistence of Traditional Priorities and Values
	Consequences of Insecure Philosophical Foundations
	Islamic Human Rights and Cultural Nationalism
	Ambivalent Attitudes on Human Rights
	Summary
4 Islamic Restrictions on Human Rights
	Permissible Qualifications of Rights in International Law
	Islamic Formulas Limiting Rights
	Restrictions in the Iranian Constitution
	Restrictions in the UIDHR
	Restrictions in Other Islamic Human Rights Schemes
	Islam and Human Rights in the New Constitutions of Afghanistan and Iraq
	Summary
5 Discrimination Against Women and Non-Muslims
	Equality in the Islamic Legal Tradition
	Equality in Islamic Human Rights Schemes
	Equal Protection in US and International Law
	Equal Protection in Islamic Human Rights Schemes
	Equality in the New Afghan and Iraqi Constitutions
	Summary
6 Restrictions on the Rights of Women
	Background
	Islamic Law and Women’s Rights
	Muslim Countries’ Reactions to the Women’s Convention
	Tabandeh’s Ideas
	Mawdudi’s Ideas
	The UIDHR
	Islamization in Iran and the Iranian Constitution
	The al-Azhar Draft Constitution
	The Cairo Declaration and the Saudi Basic Law
	Women’s Rights in Pakistan
	The New Afghan and Iraqi Constitutions
	The Influence of Sex Stereotyping
	Summary
7 Islamic Human Rights Schemes and Religious Minorities
	The Historical Background of Current Issues Facing Religious Minorities
	International Standards Prohibiting Religious Discrimination
	Shari‘a Law and the Rights of Non-Muslims
	Tabandeh’s Ideas
	The UIDHR
	The Iranian Constitution
	Mawdudi and Pakistan’s Ahmadi Minority
	The Cairo Declaration, the Saudi Basic Law, and the al-Azhar Draft Constitution
	US Policies on Religious Minorities and Developments in Afghanistan and Iraq
	Summary
8 The Organization of Islamic Cooperation and Muslim States Resist Human Rights for Sexual Minorities
	Background
	Sexual Minorities in the Middle East
	Contested Islamic Authority
	Tensions with the West over the Treatment of Sexual Minorities
	Muslim States’ Objections to New UN Initiatives
	Summary
9 Freedom of Religion in Islamic Human Rights Schemes
	Controversies Regarding the Shari‘a Rule on Apostasy
	Muslim Countries Confront Freedom of Religion
	The Contemporary Significance of Apostasy
	Tabandeh’s Ideas
	The UIDHR
	The al-Azhar Draft Constitution
	The Iranian Constitution
	Sudan Under Islamization
	Mawdudi and Pakistani Law Affecting Religious Freedom
	The Cairo Declaration and the Saudi Basic Law
	The Afghan and Iraqi Constitutions
	US Interventions in the Domain of Religious Freedom
	Expanding the Reach of Laws Criminalizing Insults to Islam: From the Rushdie Affair to the Danish Cartoons Controversy
	Summary
10 An Assessment of Islamic Human Rights Schemes
Appendix A: Excerpts from the Iranian Constitution
Appendix B: The Cairo Declaration on Human Rights in Islam
Appendix C: 2009 Resolution on Combating Defamation of Religions
Glossary
Bibliography
Notes
Index