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 عزيزي احمد يبدو أنك ما عندك أكروبات ريدر (Re: osama elkhawad)
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عزيزي احمد
يبدو أنك ما عندك أكروبات ريدر
حاول نزلو عشان تقدر الملفات المتكتوبة ب بي دي اف
طبعا دا اجتهادي الخاص
وها انا انزل ليك المقال بحيث يمكن أن تقرأه ودي أول مرة اعمل القصة دي
فشكرا لسؤالك الخلاني افتكر للي حاجة دي
وارجو ان تدخل معانا لو كان ذلك بامكانك او انو ليك رغبة فيهو
مع تقديري
المشاء
فالى المقال:
Muslim World Journal of Human
Rights
Volume 1, Issue 1 2004 Article 5
‘The Best of Times’ and ‘the Worst of Times’:
Human Agency and Human Rights in Islamic
Societies
Abdullahi An-Naim
Charles Howard Candler Professor of Law, and Fellow of the Law and Religion Program
of Emory University, [email protected]
Copyright c
2004 by the authors. All rights reserved. No part of this publication may
be reproduced, stored in a retrieval system, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording, or otherwise, without the prior written
permission of the publisher, bepress. Muslim World Journal of Human Rights is produced
by The Berkeley Electronic Press (bepress). http://www.bepress.com/mwjhr
Introduction
The premise of this article is that there are good reasons for ‘pragmatic optimism’
about human rights in all Islamic societies, precisely because they are
experiencing multiple and profound crises of unprecedented scale and magnitude.
In my view, this is a source of hope for possibilities of positive transformation in
all aspects of life, including the human rights field. I am not, of course,
suggesting that the present multiple crises are as such the basis of hope or causes
of transformation. Rather, my claim is that these crises are effectively
challenging and transforming deeply entrenched assumptions about Islam and
Muslims, undermining traditional social institutions and political structures,
within Islamic societies, and their relationships to other societies. These crises are
opening new opportunities for creative human agency, which is the ability of
people to take control of their own lives and realize their own objectives, thereby
becoming the source and cause of transformation I mean. That is, the ‘best of
times’ can therefore materialize out of the ‘worst of times’ through the human
agency of persons, acting individually, collectively or institutionally. But
outcomes are contingent upon what Muslims and others make of these
opportunities, hence the qualification of my optimism as pragmatic, drawing on
realistic prospects in the real world to inspire appropriate action, rather than
simply assuming that respect for human rights will necessarily improve as a
matter of course.
In fact, it seems to me, except for natural disasters and the like which
operate at a different level, nothing happens in human relationships, whether good
or bad, except through the agency of some person or groups acting or failing to
act. But the human agency of all of us, Muslims and non-Muslims alike, is
inherently interactive with that of other people, its outcomes are contingent on
what else is happening in the world around us. So, to emphasize, the role of
Muslims in fully contributing to the global joint-venture of protecting and
promoting human rights at home and abroad includes their collaboration with
others in that regard. Since human rights are by definition universal in concept
and application as the equal rights of all human beings everywhere, all societies
must also take this paradigm equally seriously. The same crises that are
prompting the human agency of Muslims are also relevant to other societies,
thereby creating a more conducive environment for global collaboration in this
field.
Before turning to elaborate on this premise and subject, I will give a brief
explanation of my perceived connection between Islam and human rights that will
hopefully introduce the rationale of my focus on the human agency of Muslims
themselves. But first, to anticipate what may appear like a logically prior question
of why this focus on Islam or Islamic societies in the first place, my answer is that
because I am a Muslim scholar and advocate of human rights. Such inquiry is, in
1 An-Naim: ‘The Best of Times’ and ‘the Worst of Times’: Human Agency and Hu
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2
my view, legitimate, indeed necessary, for all scholars and/or advocates of human
rights, each regarding his or her own religion or ideology. The cross-cultural
dialogue that can promote consensus around the concept and content of human
rights as universal standards requires each of us to play our role in relation to our
own societies. It is only by critically examining the status of human rights within
our own religious and cultural traditions that we can demand of others to do the
same regarding their traditions.1
Moreover, one should be concerned about human rights in Islamic
societies in general in view of the fact that Muslims are estimated at 19.6% of the
total world population,2 living in every continent and region, and constituting the
clear majority of the population in 44 states, a quarter of the total membership of
the United Nations. That is, they represent too large a proportion of the field to be
overlooked by any systematic study or monitoring of the status of human rights
around the world.
But does this assume too strong a connection between religion and human
rights in general, whereby Muslims (and other believers) are expected to act as
such in relation to human rights? Asserting the relevance and importance of the
question does not explain how can one speak of ‘Islam’ as the religion of this
large and tremendously diverse group, on the one hand, and of human rights,
whether as a set of moral or ethical norms or part of international law, as a
presumably secular legal system, on the other. In other words, what does my
suggested relationship between Islam and human rights mean in practice?
In my view, the question can be meaningful only when it is about Muslims
not Islam, Christians, not Christianity, Hindus not Hinduism, and so forth,
because it would then be the same general question of how do human beings
everywhere negotiate the relationships between their religious beliefs and human
rights. That is, the question is always about people’s understanding and practice
of their religion, not the religion itself as an abstract notion, and about human
rights as a living and evolving body of principles and rule, not as a theoretical
concept. Whether regarding religion or human rights, reference to states,
countries or international organizations like the United Nations is really to people
who control the state apparatus, inhabit a country or work through international
institutions. Whether institutions and organizations are religious, political or
diplomatic, the question about their relationship to human rights is always about
how people negotiate power, justice, and pragmatic self-interest, at home and
abroad. Such negotiations always take place in specific historical contexts, and in
1 See, generally, Abdullahi Ahmed An-Na’im, editor, Human Rights in Cross-Cultural
Perspectives: Quest for Consensus. Philadelphia, PA: University of Pennsylvania Press, 1992.
2 CIA, The World Fact Book, http://www.cia.gov/cia/publications/factbook/geos/xx.html; select
World (viewed July 30 2004.
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response to the particular experiences of believers and unbelievers living together.
Each religion or ideology is relevant to those who believe in it, but only in the
specific meaning and context of their daily lives and not in an abstract, decontextualized
sense.
This contextual framing of the issue is necessary for focusing on Muslims
as human beings and societies in their internal and external relationships like all
other people and societies. But since the question here is about what difference
does being Muslim or Islamic make to the status of human rights in general or
specific time and place, I am thus concerned here with the Islamic traditions (in
the plural, to indicate its diversity) as well as with the humanity of Muslims. In
other words, unless I am claiming that all religions and philosophies have the
same relationship to human rights, the implication of the subject of this article is
that there is something distinctive about being Muslim, as opposed to being
Christian, Hindu, Marxist or Buddhist in that regard.
However, I am not suggesting that all Muslims understand and practice
Islam in the exact identical way, and share the same understanding and attitudes
about human rights from that perspective. That diversity testifies to the impact of
contextual and historical factors in theological or legal development of the Islamic
traditions, being Muslim or Islamic did not in fact have the same meaning in
different places or over time. In fact, I argue that it is logically impossible for that
to ever be the case. The reality and permanence of difference among all human
beings, Muslims and non-Muslim alike, is expressly affirmed in the Qur’an in, for
example, Chapter 10 verse 93;3 Chapter 11 verses 118-119;4 Chapter 32 verse
25;5 and Chapter 45 verse 17.6 That is one reason why the protection of such
human rights like freedom of belief, opinion and expression, is imperative from
an Islamic point of view in order to protect the rights of Muslims to be believers
in their own way, without risks to life and livelihood.7 In other words, without the
existence of the right to disbelieve, there is no possibility of any genuine belief,
including religious belief.
Granted such protection of freedom of religion and belief for Muslims and
non-Muslims alike, the question remains how to reconcile religious belief with
3 “…certainly thy Lord will judge between them as to the divisions amongst them on the Day of
Judgment”.
4 “If thy Lord had so willed, He could have made mankind One People, but they will not cease to
dispute…”
5 “Verily, thy Lord will judge between them on the Day of Judgment, in the matters wherein they
differ”.
6 “…Verily, thy Lord will judge between them on the Day of Judgment as to those matters in
which they differed”.
7 Abdullahi Ahmed An-Na’im, “Islamic Foundations of Religious Human Rights,” in John Witte,
Jr., and Johan D. van der Vyver, editors, Religious Human Rights in Global Perspectives:
Religious Perspectives. The Hague: Martinus Nijhoff Publishers, 1996, pp. 337-359.
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human rights doctrine. In relation to Islam in particular, the fact that specific
verses in the Qur’an are taken to authorize or require certain actions, regarding the
rights of women or non-Muslims, for instance, does not explain why some
Muslims choose to act on one understanding of such verses, while others act or
fail to act on a different understanding, or have a different relationship to the text
altogether. My response to this question is that such choices are the product of the
human agency of believers, not the inherent, sole or eternal meaning or necessary
implications of Islam as such, independent of all material conditions under which
Muslims live and interact with others. From this perspective, the attitudes and
practice of Muslims in these matters can change in favor of the equal human
rights of women and non-Muslims through internal debate within present Islamic
societies.
In practice, the manner in which Muslims are likely to interact with human
rights will be conditioned by such factors as what other societies are doing about
the same issues, and the orientation, motivation or objectives of various actors on
all sides. For instance, Muslims’ responses are likely to be affected by whether
they perceive that they are required to ‘prove’ their allegiance to the human rights
paradigm while others are not expected or required to do so. Muslims are more
likely to resist commitment to these rights when they are presented as being alone
in struggling with the principle, while the commitment of other cultural or
religious traditions is taken for granted. Another set of factors that can influence
positions has to do with power relations and institutions: how inclusive is the
international law that is supposed to provide the legal framework for human
rights? Does it sufficiently respect the sovereignty of Muslims, with due regard
for their concerns about security and development? That is, are all peoples,
including Muslims, genuine subjects of international law, or merely its ‘object’,
whereby international law is defined and applied by powerful Western countries
to control other peoples and exploit their resources, as happened during the
colonial period? How do the realities of power relations operate within the
United Nations and other international organizations? In view of these concerns
about historical exclusion and present hegemony, about reciprocal treatment and
mutual hostility or suspicion, how and by whom is the information about the
attitudes and practice of various societies regarding human rights collected and
assessed?
The Worse of Times and the Best of Times
I have equally strongly condemned, from the start, both the terrorist attacks of
September 11, 2001 and the unilateral military retaliation by the United States.8
8 See, for example, Abdullahi Ahmed An-Na’im, “Upholding International Legality against
Islamic and American Jihad,” in Ken Booth and Tim Dunne, Worlds in Collision: Terror and the
Future of Global Order. Houndmills, England: Palgrave Macmillan, 2002, pp. 162-171.
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But I also believe that the more damaging in the long term is the grossly
disproportionate aggressive foreign policy of the United States ever since,
especially its ‘failed colonization of Iraq’ since March 2003. That occupation, in
my view, has been a colonial venture because colonialism, by definition, is the
usurpation of the sovereignty of a people by military conquest without legal
justification. This reckless and unaccountable invasion and occupation was
neither justified by self-defense principles nor authorized by the Security Council
of the United Nations. As such, the failed colonization of Iraq constitutes a
fundamental repudiation of the very basis of international legality and regression
to the lawlessness of ‘might is right’ of the colonial era. In other words, I am not
only condemning this action as illegal and immoral, but also see it as a negation
of the possibility of the rule of law in international relations – there is no
international law when powerful nations appropriate to themselves the right to
invade and occupy other countries for whatever reasons they deem fit, without
even a national debate of the legality of such action. Living in the United States
during the period leading up to the invasion of Iraq in March 2003, and closely
following the ‘decision-making process’ at the time, I am convinced that the
question of the legality of invasion as a matter of international law was not even
discussed.
The fact that the United States was joined by Britain, the previous colonial
power of Iraq after the collapse of the Ottoman Empire by the end of the First
World War, confirms the colonial nature of the occupation, rather than confer
legality on an inherently illegal act. Also, the participation of other countries
mainly in response to bribes or coercion by the United States only expands the
membership of the criminal conspiracy. After all, it was at the Berlin Conference
of 1884-85 that a gang of Western powers agreed to partition African regions
among themselves.9 By the same token of which that criminal conspiracy did not
make colonialism legal by any definition of ‘international law’ that Africans can
accept, the illegal and utterly counter-productive invasion of Iraq since March
2003 represents a regression to 19th century colonialism at the dawn of the 21st
century.
But that was only part of the global foreign policy of the United States that
seriously undermined international legality and human rights throughout the
9 At that ‘diplomatic conference’ of November 1884-February 1885 Western powers with socalled
‘interests in Africa’ (Britain, France, Germany, Portugal, The Netherlands, Belgium, Spain
and the United States) agreed on matters of trade and transport in the Congo region, and
procedures to claim new coastal areas in Africa. In effect, the conference initiated a rush to grab
as much colonies as possible, until the whole continent was colonized over the following twenty
years, except Ethiopia.
5 An-Naim: ‘The Best of Times’ and ‘the Worst of Times’: Human Agency and Hu
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world. As former President Jimmy Carter of the United States described it on the
first anniversary of the terrorist attacks:
We have ignored or condoned abuses in nations that support our antiterrorism
effort, while detaining American citizens as ‘enemy
combatants,’ incarcerating them secretly and indefinitely without their
being charged with any crime or having the right to legal counsel. This
policy has been condemned by the federal courts, but the Justice
Department seems adamant, and the issue is still in doubt. Several hundred
captured Taliban soldiers remain imprisoned at Guantanamo Bay under
the same circumstances, with the defense secretary declaring that they
would not be released even if they were someday tried and found to be
innocent. These actions are similar to those of abusive regimes that
historically have been condemned by American presidents.10
At the same time, however, there were many positive developments, like the
massive protests by citizens of the United States, United Kingdom and their allies
like Spain and Italy, against the invasion of Iraq even before it started, and the
subsequent official national inquiries that proved the fallacy of the reasons given
for the war. But the most significant fact, it seems to me, is that the United States
and Britain had to resort to the same United Nations they had by-passed in the
rush to war in order to negotiate vacating the dubious position of being
‘occupying powers’ and returning sovereignty to a native Iraqi government by the
end of June 2004, without achieving any of the declared objectives of the
invasion. Thus, the neo-colonial ambitions of these two countries were defeated
by a combination of protest by their own citizens and other European citizens,
wide-spread international condemnation and armed resistance by Iraqis. It may
still take a long time for peace, stability and democratic development to be
realized in Iraq, but it is now categorically clear that international legality and
cooperation are the only viable way forward in that regard. Colonialism and its
pretentious claim to ‘democratize Iraq’, in this instance, have been effectively and
conclusively repudiated thereby giving the whole of humanity a positive outcome
from a negative initiative. But regression is possible, hence the need for even
stronger emphasis on the protection of and respect for human rights to enable
people everywhere to pre-empt such reckless adventures in the future and hold
their perpetrators accountable.
On the other side of the coin, however, we Muslims have so far failed to
respond effectively enough to the responsibilities of sovereignty. Since
colonialism is initially a consequence of the weakness of colonized societies,
10 Washington Post, of September 5, 2002, at p. A31:
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though it also contributes to that over time, its effective and sustainable
termination requires enhancing the genuine sovereignty and independence of
formerly colonized societies. After all, freedom is always earned, never granted,
and is sustained through constant vigilance to safeguard it.
A critical part of that process in the present global context is to confront
terrorism within our own societies, as it is ultimately a challenge to our human
decency and responsibility for what we do, or is done on our behalf or in our
name, with our approval or acquiescence. Terrorism could not exist or thrive as it
does at present if we have not somehow supported or encouraged it, at least by
our indifference to the broader phenomenon of political violence and its
underlying causes. The degree of our individual and collective responsibility and
failure vary according to our locations and what we can do in combating the
culture of violence and lawless retaliation in our own societies, but each should
look for his or her share, and what we can do about it. Too much of our effort is
squandered in futile apologia for Islam as a religion, or our societies as oppressed
and marginalized.
It is commonly said that the term ‘terrorism’ is too relative to be defined
clearly, that one man’s terrorism is another man’s freedom fighter. I think that
this is an apologetic fallacy: terrorism can simply be defined as the use of
indiscriminate and arbitrary violence in pursuit of political objectives, without
being concerned for the safety of innocent by-standers. My definition of the term
does not make any distinction between so-called state and non-state or private
actors. If the officials of any state use violence in this manner, they do not
deserve any protection or special allowance because of their affiliation with a
state. While this definition, including its application to state-actors, is
theoretically clear and coherent, the difficulty may be in employing it consistently
in all cases, regardless of our sympathies with the cause in which terrorist acts are
committed. Moreover, the ability of perpetrators to use terrorist acts, and the
willingness of the wider population to tolerate such behavior, indicates an
underlying disregard for the safety and well-being of others.
Confronting terrorism would therefore include combating this underlying
culture of political violence, as well as the immediate causes and consequences of
the use of arbitrary and indiscriminate violence in furtherance of political ends,
whatever they may be or however we may feel about them. In the final analysis, I
am completely convinced that no cause is worth advancing through terrorism.
For Islamic societies in particular, I believe that we must repudiate any alleged
religious rationale for political violence and terrorism, which is the subject of
conflicting views in the historical Islamic traditions.11 As I am suggesting in
11 Abdullahi Ahmed An-Na’im, “Islamic Ambivalence to Political Violence: Islamic Law and
International Terrorism,” German Yearbook of International Law, vol. 31, 1988, pp. 307-336.
7 An-Naim: ‘The Best of Times’ and ‘the Worst of Times’: Human Agency and Hu
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relation to human rights, Muslims must exercise their human agency in choosing
peaceful co-existence and mediation of conflict over the arbitrary and
indiscriminate use of violence to achieve political objectives.
Despite the ‘worst of times’ scenario outlined above, this is also the ‘best
of times’ for a positive engagement of international legality and peaceful coexistence.
Among the many lessons and insights that can be drawn by all
societies from the atrocities of September 11 is what I call our shared human
vulnerability - the recognition that all human beings everywhere are vulnerable to
arbitrary violence. The conceit of any of us, Muslims and non-Muslims alike, in
thinking that we are not as vulnerable as everybody else is really part of the
problem because it makes us less sensitive to the suffering of others. The more
we appreciate our shared, universal, human vulnerability, in all its different and
varied forms and manifestations, the more we can respond to the challenge of
terrorism and all other forms of political violence, whoever the perpetrator
happens to be, as well as to poverty, disease and other evils in general. The same
insight of shared human vulnerability also emphasizes the urgency of protecting
the human rights of all people, everywhere, as any of us can be a victim or
perpetrator of violations.
But this multifaceted, universally shared vulnerability of human beings
everywhere can be really counter-productive when it is manipulated to grant
governments excessive powers ‘to protect us,’ as has happened in the United
States with the so-called Patriot Act of 2001. It is not even possible to know or
predict how many people will be affected by official abuse of power under this
pretext because of the secrecy and lack of accountability for these powers in the
name of combating terrorism. What is ironic is that limitations of human
resources and time constraints are bound to undermine the efficacy of this
approach to national security, however extensive and powerful the apparatus may
have become. Sooner or later, normal human complacency will creep in, opening
new possibilities for terrorists to strike again. The contradictory and selfdefeating
nature of this illusion of security, without any regard to the
requirements of justice, are so obvious that it is hard to believe that intelligent,
rational people are doing this for the alleged declared objectives.
Another lesson of September 11 in my view is the futility of lawless
unilateral retaliation at the presumed source of harm, without addressing the
underlying causes that prompt the perpetrators, or which they take as justifying
their actions, and persuade others to condone or facilitate violence in any given
situation. It is true that a hardcore group of religious/ideological extremists like
those who perpetrated the terrorist attacks of September 11, or national
chauvinists like those who are driving the militaristic American response, will
probably harbor aggressive designs, whatever others may do or fail to do. But it
is also clear that such hardcore elements cannot act on their aggressive designs
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without the support, or at least acquiescence, of a much larger number of people
who can be persuaded to withhold their support and cooperation with the hardcore
few, if the grievances or concerns of that wider constituency are addressed.
Neither the terrorist attacks nor the American retaliation could have happened
without the support of a wider constituency on each side, a much wider circle of
complicity for having justified, condoned or facilitated those acts of violence.
This complicity includes justifying or condoning the specific action in question,
permitting the continuation of injustices that seem to motivate the actors, or
failing to ensure the establishment of a credible system of accountability
according to due process of the law.
Any appropriate response to violence or other danger must therefore be
firmly grounded in a clear and profound appreciation of the multifaceted,
universally shared vulnerability of all human beings everywhere, instead of the
illusion that any of us can escape it by fortifications, pre-emptive or retaliatory
violence, accumulation of wealth or exploitation of others. This point is
dramatically made by the crude methods in which the atrocities of September 11
were perpetrated in the heartland of the most powerful and prosperous nation in
the world today. An appreciation of the full range of our shared vulnerability as
human beings everywhere will indicate different modes of response to various
sources of violence and danger. But the most effective and sustainable response
must include addressing the underlying grievances that drive people to the
desperation of terrorism, because some will always resort to that response as long
as the injustice persists.
The preceding remarks emphasize both the opportunities and risks of the
present global environment, and particularly that we must do our part in order to
be able to demand the same of others. It is not possible to elaborate further on
these complex issues here, but my underlying premise of pragmatic optimism is
that, given the realities of the world as it is, what can each one of us do to improve
on the situation. Without in the least being naïve or simplistic about those
realities, the question for me is how can we all take our own initiatives and pursue
our own agenda, instead of helplessly lamenting injustice, poverty or human
rights violations. I will now turn to further reflections about Islam and human
rights in particular in light of the earlier clarification of the relevance and
importance of this connection today.
Islam and Human Rights
To be clear on the point, in raising this question I am not suggesting that Islam is
either fully supportive or inherently antagonistic to human rights. Rather, as
indicated earlier, the relationship is open to engagement and transformation
precisely because it is contingent on an interactive web of internal and external
factors and forces. Like other major religious and cultural traditions, Islam
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provides a basis for upholding human rights and dignity through its own account
of what it means to be human. But these dimensions of the Islamic traditions (in
the plural) should be seen as open to critical reflection and reformulation among
the believers themselves, because of the inherent and permanent diversity of the
tradition itself. There are not only similarities as well as variations in perceptions
and practices of human rights and dignity among Muslims and Islamic societies,
but also possibilities of change in relevant attitudes and practices. By the same
token, however, outcomes can either be positive or negative from a human rights
perspective.
The human rights framework is commonly perceived to be a universal
secular vision of what it means to be human, and a call for the urgency and
necessity of protecting the innate rights of all human beings everywhere in the
world. The mistaken view that this perception of human rights has nothing to do
with the Islamic traditions, if not actually being contrary to them, is largely due to
the fact that the present articulation of the human rights framework arose out of
the experiences of Western societies. To suggest that human rights are ‘Western’
is a contradiction in terms, because that means they cannot be universal, which is
their essential quality as the equal rights of all human beings. That is, these rights
have to belong to all cultural and religious, including Islamic, traditions if they are
to be human rights at all. Moreover, these rights are needed by Muslims for
protection against abuses and excesses of the powers of the state that gave rise to
Western articulations of these rights. Since the same model of European
territorial-state has become ‘universalized’ through colonialism, and remains the
dominant form of political organization throughout the world, the human rights
framework that has evolved in response to that reality is now equally relevant
everywhere.
However, while I believe that this view ‘ought’ to be generally accepted
and acted upon as one of the main foundations of the universality of human rights,
it is also clear that this is not the case at present. A common objection in my
experience is how can the human rights framework claim to be universally valid
and applicable without taking into account the permanent and profound cultural
and religious diversity of human societies around the world. But to me the
question is how can we Muslims, together with all other societies, make this
happen, instead of complaining that it is not done by others for us. My own
approach would therefore emphasize a proactive process for promoting consensus
around the concept and content of human rights through the human agency of all
actors, rather than expect it to emerge on its own. In relation to the subject of this
article in particular, the process also includes ‘negotiating’ the complex and
contingent relationship between Islam and human rights, as it plays out in each
social context. I have attempted to elaborate a specific methodology from an
Islamic perspective, especially in Toward an Islamic Reformation (1990), but
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would also consider any alternative approach that can effectively address the
following parameters of that process of negotiation.
First, some elements of the historical Islamic traditions, like other major
religious traditions, are not readily consistent with the key human rights principle
of non-discrimination, especially regarding the rights of women and non-
Muslims. This difficulty is compounded by the common perception that these
aspects of what is known as Shari`ah are inviolable because they are divinely
ordained. This apparent incompatibility is emphasized by a perception of the
human rights framework as necessarily and exclusively based on a secular
universal vision of humanity.
At the same time, this tension must be mediated because it is critical for
the binding force and practical efficacy of human rights everywhere, and not only
in Islamic societies, as noted earlier. With Muslims constituting a fifth of the total
world population, excluding them from the universal validity and application of
human rights would really undermine them everywhere. Since there is no reliable
international mechanism for enforcing human rights standards against the will of
national governments, human rights advocates need to motivate the general
populations of territorial states to pressure their own government to ratify and
enforce human rights treaties. The way this is done in various social, cultural and
religious settings is relevant to what can happen in other societies.
In Islamic societies, efforts to legitimize and effectuate human rights
through social movements need to include effective responses to counter
arguments that governments are likely to use in resisting such pressures which
limit and constrain their own powers. The allegation that human rights are an
anti-Islamic Western imposition is a clear example of this sort of pretext, used by
ruling elite to escape responsibility for violating the rights of Muslims as well as
non-Muslims. In other words, to mobilize public opinion and motivate civil
society organizations in their own societies, human rights scholars and advocates
in Islamic societies must understand how to transform the relationship between
these rights and local cultures, political context, economic factors, and so forth.
This process calls for the sort of questioning of deeply entrenched assumptions
about Islam and Muslims, and challenging of social institutions and uprooting of
political structures that is now facilitated by the current global environment as
suggested at the beginning of this article.
For instance, I believe that the dichotomy between the religious and
secular is often exaggerated to suggest an inherent incompatibility of the two,
though they are in fact interdependent. For example, Muslims believe that the
Qur’an is the literal and final word of God, and Sunnah (traditions of the Prophet)
is the second divinely inspired source of Islam. But both sources have no
meaning and relevance in the daily lives of believers and their communities
except through human understanding and behavior. The Qur’an was revealed in
11 An-Naim: ‘The Best of Times’ and ‘the Worst of Times’: Human Agency and Hu
Produced by The Berkeley Electronic Press, 2004
12
Arabic, which is a human language that evolved in its own specific historical
context, and many verses of the Qur’an were addressing specific situations in the
daily lives of early Muslims at that time (610 to 632 CE) in their local context of
western Arabia. Sunnah also had to respond to the immediate concerns arising in
that context, in addition to broader matters. Thus, human agency was integral to
the process of revelation, interpretation and daily practice from the very beginning
of Islam, initially of the Prophet, and subsequently generations of Muslims who
adhered to the Qur’an and Sunnah according to their own understanding in their
respective historical context and daily experiences.
It is therefore clear that a sharp distinction between the religious and
secular is misleading. Religious precepts necessarily respond to the secular
concerns, and have practical relevance only through their acceptance and
application by the believers in their daily lives. In other words, religious doctrine
is necessarily implicated in the secular, and the secular is perceived by believers
to be regulated by religious doctrine. This does not mean that there is no
transcendental dimension to Islam for believers. Rather, it is simply to say that
the practical relevance and utility of the social order of Islam are contingent upon
human understanding and practice, which testifies to its ability to provide for the
practical needs of its adherents. This point is critical for the theological basis of
the relationship between Islam and human rights today.
In conclusion, these are the best of times and the worst of times for
Muslims, with infinite possibilities in either direction, dependent on the way we
all use or abuse our human agency. These are the worst of times as we continue
to be the object of imperial aggression and neo-colonization, suffering with other
peoples around the world the worst violations of our individual and collective
human rights at the hands of our own governments and through the excesses of
global capitalism. They are also the best of times because the present crises
enable us to transcend the limitations of our traditional assumptions about Islam
and Muslims, to challenge and transform our social and political institutions. The
possibilities of human agency are infinite, and the rest is up to all of us,
everywhere, and whatever our religious, ideological and/cultural affiliations may
be.
12 Muslim World Journal of Human Rights Vol. 1 [2004], No. 1, Article 5
http://www.bepress.com/mwjhr/vol1/iss1/art5[/B]
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| العنوان |
الكاتب |
Date |
 عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-26-04, 10:24 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-26-04, 01:13 PM |
| اختلاف الكاتب مع الفكر الجمهوري | osama elkhawad | 11-26-04, 01:26 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-26-04, 09:33 PM |
 Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 11-26-04, 11:38 PM |
| وحاجيك تاني عن تطوير التشريع | osama elkhawad | 11-27-04, 04:35 AM |
| لتمييز خطاب الاستاذ من خطاب بقية الجمهوريين اثرنا ان نطلق عليه "خطاب الاستاذ | osama elkhawad | 11-27-04, 08:33 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-27-04, 08:56 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 11-28-04, 06:12 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 11-28-04, 06:23 AM |
| حول ""ما بعد صدمة الاستشهاد\المقتل" | osama elkhawad | 11-28-04, 04:38 PM |
| Re: حول ""ما بعد صدمة الاستشهاد\المقتل" | Yasir Elsharif | 11-29-04, 02:49 PM |
| كنا نأمل في تعليق من "الأخوان الجهوريين "في المنبر | osama elkhawad | 11-28-04, 08:24 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-28-04, 11:36 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 11-29-04, 00:12 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-29-04, 00:29 AM |
| كويس انو لقيتك ما مساهم بي مداخلة "سمينة" | osama elkhawad | 11-29-04, 00:42 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | أحمد الشايقي | 11-29-04, 01:07 AM |
| عزيزي احمد يبدو أنك ما عندك أكروبات ريدر | osama elkhawad | 11-29-04, 01:28 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 11-29-04, 02:44 AM |
| في انتظار مساهمتك | osama elkhawad | 11-29-04, 02:56 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 11-29-04, 07:22 AM |
| لقد طال انتظاري وانتظار القراء لعل المانع خير | osama elkhawad | 11-29-04, 11:08 PM |
| Re: لقد طال انتظاري وانتظار القراء لعل المانع خير | Yasir Elsharif | 11-30-04, 05:56 AM |
| Re: لقد طال انتظاري وانتظار القراء لعل المانع خير | Dr.Elnour Hamad | 11-30-04, 07:50 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-30-04, 08:59 AM |
| "نهاية التاريخ" في اطار فهم خطاب الأستاذ | osama elkhawad | 11-30-04, 01:28 PM |
| عن "خيبة الانتظار" | osama elkhawad | 11-30-04, 02:54 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 11-30-04, 04:05 PM |
| هل قال الاستاذ أنه نبي؟؟؟ وهل قال أنه سيكون "المسيح المحمدي"؟؟؟ | osama elkhawad | 11-30-04, 06:22 PM |
| Re: هل قال الاستاذ أنه نبي؟؟؟ وهل قال أنه سيكون "المسيح المحمدي"؟؟؟ | Yaho_Zato | 11-30-04, 08:32 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | عبدالمنعم عبدالله | 11-30-04, 08:01 PM |
| كيف تسنى للأستاذ محمود أن يقصيهم من مسرح "النبوءة" و"المسيحية القادمة"؟؟ | osama elkhawad | 11-30-04, 08:07 PM |
| وبكرا حنواصل الكلام | osama elkhawad | 11-30-04, 09:33 PM |
| ما هي المسوغات التي جعلته يصل الى هذا التحقيب الجديد ل"الانقلاب الكبير"?? | osama elkhawad | 12-01-04, 07:08 PM |
 Re: ما هي المسوغات التي جعلته يصل الى هذا التحقيب الجديد ل"الانقلاب الكبير"?? | Yasir Elsharif | 12-02-04, 01:47 AM |
| سأحاول التعليق على كلام النور | osama elkhawad | 12-02-04, 09:25 AM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 12-02-04, 01:25 PM |
| up | osama elkhawad | 12-03-04, 07:37 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 12-04-04, 05:43 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | إسماعيل التاج | 12-04-04, 08:15 PM |
| أرحب بأخينا التاج اسماعيل | osama elkhawad | 12-04-04, 08:49 PM |
| نعود لمواصلة البوست | osama elkhawad | 12-04-04, 11:55 PM |
| أخلع نعلي أمامكم بوصفكم من عايش الفكرة وعاصرها ,وهي خبرة جليلة | osama elkhawad | 12-05-04, 02:06 AM |
| ما لم يسرني هو:"قلة المداخلات" | osama elkhawad | 12-05-04, 02:34 AM |
| ثلاثة اتجاهات | osama elkhawad | 12-05-04, 03:15 AM |
| Re: ثلاثة اتجاهات | Yasir Elsharif | 12-05-04, 06:25 PM |
| واذا فشلت كل محاولاتنا, فسأقول كلامي وانصرف | osama elkhawad | 12-05-04, 11:55 PM |
| Re: واذا فشلت كل محاولاتنا, فسأقول كلامي وانصرف | Yasir Elsharif | 12-07-04, 07:20 AM |
| ما تخلي العفريتة تطول | osama elkhawad | 12-07-04, 10:43 AM |
| Re: ما تخلي العفريتة تطول | Yasir Elsharif | 12-09-04, 01:04 AM |
| فارجو ان تقلل من العفرته | osama elkhawad | 12-09-04, 12:18 PM |
| | Yasir Elsharif | 12-10-04, 01:40 AM |
| الشريعة الإسلامية السلفية، بمقاييس اليوم، غير دستورية!! لماذا؟؟ | Yasir Elsharif | 12-11-04, 03:37 PM |
| سأرد عليك بالتفصيل | osama elkhawad | 12-12-04, 02:19 AM |
| Re: سأرد عليك بالتفصيل | Yasir Elsharif | 12-13-04, 02:23 AM |
| من أين لك هذا التحقيب الجديد? | osama elkhawad | 12-13-04, 04:12 AM |
| Re: من أين لك هذا التحقيب الجديد? | Yasir Elsharif | 12-13-04, 09:21 AM |
| شكرا مرة ثانية أخي ياسر على التعقيب | osama elkhawad | 12-13-04, 11:23 AM |
| وسأعرج الان الى التعليق على وجهة نظرك ووجهة نظر الدكتور النور حمد | osama elkhawad | 12-13-04, 10:57 PM |
| Re: وسأعرج الان الى التعليق على وجهة نظرك ووجهة نظر الدكتور النور حمد | Yasir Elsharif | 12-14-04, 06:58 AM |
| "صياغات مربكة" | osama elkhawad | 12-15-04, 02:33 PM |
| صياغاتك لهذا الرأي مربكة | osama elkhawad | 12-15-04, 03:54 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 12-18-04, 04:33 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | Yasir Elsharif | 12-19-04, 02:24 AM |
| تسمية قوانين سبتمبر | osama elkhawad | 12-20-04, 04:42 PM |
| قوانين سبتمبر | osama elkhawad | 12-21-04, 12:08 PM |
| Re: عن حقوق الانسان في المجتمعات الاسلامية-مقال جديد لعبدالله أحمد النعيم | osama elkhawad | 01-05-05, 00:38 AM |
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