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By Mohammad Abed al-Jabri

Mohammad Abed al-Jabri is likely one of the so much influential political philosophers within the modern heart East. A severe rationalist within the culture of Avincenna and Averroes, he emphasizes the specified political and cultural history of the Arab international 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 impression on Arab political suggestion. Wide-ranging in scope but targeted intimately, those essays interrogate innovations comparable to democracy, legislations, and human rights, taking a look at how they've been utilized within the historical past of the Arab international, and express that they're made up our minds by way of political and social context, no longer through Islamic doctrine. Jabri argues that during order to advance democratic societies within which human rights are revered, the Arab global can't easily depend upon outdated texts and traditions. Nor can it import democratic types from the West. in its place, he says, a brand new culture should be solid by means of trendy Arabs themselves, on their lonesome phrases.

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Extra info for Democracy, Human Rights and Law in Islamic Thought (Comtemporary Arab Sclarship in the Social Sciences)

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The legacy of the KhawÆrij would, however, survive in contributing an alternative theory of political rule to those of the major Sunn∞ and Sh∞≤∞ schools of thought. 8. , The Positions (al-mawÆqif). ¯ 9. al-ShahrastÆn∞, op. cit. 10. al-Suy∑π∞, Perfection of Qur≥Ænic Knowledge (al-itqÆn fi ≤ul∑m al-qur≥Æn). 11. Ab∑ Y∑suf, The Book of Excise (kitÆb al-kharÆj), p. 14. PART ONE The Question of Religion and the State 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CHAPTER 1 Religion and the State in the Authoritative Cultural Referent Execution of Rulings Nothing can obscure the vision like spurious questions which lead to emotional bewilderment and intellectual aberration.

As for the manner of choosing the caliph, it was to be decided by the balance of powers. The caliph who claims the caliphate for himself wins by virtue of his might and rallies the people around him, regardless of their will for or against it. It is true that the majority in early Islamic times specified the caliph be from Quraysh. But this condition was challenged by other parties because it lacked a clearly legitimate basis in al-shar∞≤ah. Whatever the case, the decisive factor was power, not lineage.

In addition to these four comparable facts which do not render a decisive conclusion on the subject, there is the Islamic historical experience and the jurisprudential thought as its theoretical basis. It is historically known that the first serious argument that broke out among the Muslims is their disagreement, immediately after the death of the Prophet, about the appointment of his successor. Both the MuhÆjir∑n [immigrants from Mecca] and the An∆Ær [native inhabitants of Medina Religion, State and the Application of Islamic Shar∞≤ah 35 and ‘helpers’] thought they had the right to provide a successor, namely the caliph, and that he should be one chosen from among them.

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