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Humanity as the ground for universal human rights in Islamic law
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CitationŞentürk, R. (2020). Humanity as the ground for universal human rights in Islamic law. D, Bunikowski, A, Puppo (Eds), Why Religion? Towards a Critical Philosophy of Law, Peace and God. Law and Religion in a Global Context içinde (157-172. ss.), Springer, Cham.
A legal maxim in Islamic law states that “The right to inviolability (‘isma) is due for humanity (adamiyya)”. The right to inviolability includes inviolability ofthe right to (1) life, (2) property, (3) religion, (4) mind (expression), (5) family andprogeny, as well as (6) honor and dignity. Universalist Muslim jurists share thisview from different schools of Islamic law. In particular, all jurists from the H.anaf¯ischool subscribe to this view. From this perspective being human is sufﬁcient tohave human rights regardless of innate, inherited and gained attributes such as sex,religion, race and nationality. This article explores the thought of Muslim juristswho took humanity as the sufﬁcient ground for human rights and the arguments theyused to justify it by deriving from classical Islamic law books. It will also provide ahistorical survey about how this view was implemented in Islamic history from Indiato the Balkans under Islamic law. Following it will discuss the reforms in Islamic lawduring the late Ottoman period (1839–1918). It will conclude by proposing how thepresent Muslim legal and political discourse can be re-connected to this universalisthuman rights tradition to overcome the challenges for human rights in the Muslimworld today.
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What did prompt and guide the late Ottoman constitutional reforms: political expediency or religious legitimacy? In the present literature, the dominant view is that the Western pressures affected the Ottoman constitutional ...
Adamiyyah (humanity) and ‘ismah (inviolability): Humanity as the ground for universal human rights in Islamic law Şentürk, Recep. (Atlantic Council, 2018)Dr. Recep Şentürk is the president of Ibn Khaldun University (IHU) in Istanbul, Turkey. He has researched human rights as a visiting scholar in the Faculty of Law at Emory University, Atlanta (2002-2003). He continued his ...
Religious legitimacy or political expediency?: The jurisprudential foundations of human rights protection in the late Ottoman constitutional documents Bilal, Muhammed Said. (Ibn Haldun University Alliance of Civilizations Institute, 2018)Son dönem Osmanlı anayasal reformları siyasi bir takım manevralar mıdır, yoksa dönemin hukuk doktrinine uygun bir şekilde köklü bir hukuksal reform girişimi midir? Bu tezin temel amacı 19. Yüzyıl anayasal belgelerinde ...