Democracy, Human Rights and Law in Islamic Thought by Mohammed Abed al-Jabri

By Mohammed Abed al-Jabri

Mohammad Abed al-Jabri is among the so much influential political philosophers within the modern center East. A severe rationalist within the culture of Avincenna and Averroes, he emphasizes the distinct political and cultural history of the Arab global whereas rejecting the philosophical discourses which were used to vague its democratic deficit. This quantity introduces an English-language viewers for the 1st time to writings that experience had an enormous effect on Arab political concept. Wide-ranging in scope but concentrated intimately, those essays interrogate techniques similar to democracy, legislations, and human rights, how they've been utilized within the historical past of the Arab international, and express that they're decided via political and social context, no longer through Islamic doctrine. Jabri argues that during order to strengthen democratic societies during which human rights are revered, the Arab global can't easily depend on outdated texts and traditions. Nor can it import democratic versions from the West. in its place, he says, a brand new culture must be cast via contemporary Arabs themselves, all alone terms.

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However, the hurried meeting of An∆Ær at the bower of Ban∞ Religion, State and the Application of Islamic Shar∞≤ah 39 SÆ≤idah to choose a caliph from among them, joined later by the immigrants, the heated arguments, and the conflicting opinions in that meeting (which could have ended in an open confrontation), led to ≤Umar’s initiative to declare the bay≤ah to Ab∑ Bakr, followed by both the immigrants and the An∆Ær. That was a better settlement of the matter than if there had been no haste. Ab∑ Bakr was the first among the Companions to gain the people’s approval of his choice.

Religion, State and the Application of Islamic Shar∞≤ah 27 Notes 1. The Arabic root j-h-d connotes ‘struggle’ or ‘effort’ and from it derives the term jihÆd – which connotes a struggle – military or other. , mujtahid∑n) struggles to interpret the original source materials (al-u∆∑l) of Islamic law (al-shar∞≤ah) and derive a new ruling in conformity with what he determines to be the original intents (maqÆ∆id) of the law most often with consideration of historical precedents in Islamic jurisprudence (al-fiqh).

Thus, the third constitutional flaw was revealed through the words of the Caliph himself. He rejected the criticism and the demands of the rebels because he felt that it was his prerogative to dispense with the ‘surplus of funds’ the way he saw fit; and it was his prerogative alone to choose governors and officials; and that the amr (power and authority) would lose its constituency and significance if it were stripped of these prerogatives. The rebels were supported by major Companions such as ‘Ammar ibn Yasir, ∏al≈ah, al-Zubair and ≤Al∞ ibn Abi-Talib himself.

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