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Ideas Can Also Kill: Five Assumptions that Uprisings in the Arab World have Disproved 思想也会杀人:阿拉伯世界的起义推翻了五个假设
Q3 Social Sciences Pub Date : 2011-11-23 DOI: 10.2202/1554-4419.1244
B. E. Hassan
In 2011, the people of Tunisia, Egypt, Libya, Yemen, Bahrain and later Syria struggled to overthrow their despotic regimes and bring about radical political change. However, to date, little discussion has revolved around the role of long-standing assumptions about political change and human rights in the Arab world in prolonging the lifespan of these collapsing regimes. The first of these assumptions claimed that authoritarian rulers were the guarantors of stability in nations throughout the region. Second was the assumption that Islamists were the sole alternative to authoritarian regimes in the region. These uprisings also proved false the theory that democracy and civil and political rights were not priorities for peoples of the Arab world. Finally, the fourth assumption to be debunked is the claim that the people of the region are not ready for a democratic system that respects human rights because the religion of the majority—Islam—is incompatible with democratic values and human rights.
2011年,突尼斯、埃及、利比亚、也门、巴林以及后来的叙利亚人民奋力推翻了他们的专制政权,带来了激进的政治变革。然而,迄今为止,很少有人讨论长期以来关于阿拉伯世界政治变革和人权的假设在延长这些崩溃政权的寿命方面所起的作用。第一个假设声称,专制统治者是整个地区各国稳定的保证。其次是假定伊斯兰主义者是该地区独裁政权的唯一替代品。这些起义也证明了民主、公民权利和政治权利不是阿拉伯世界人民优先考虑的理论是错误的。最后,需要驳斥的第四个假设是,该地区的人民还没有准备好接受尊重人权的民主制度,因为大多数人信奉的宗教——伊斯兰教——与民主价值观和人权不相容。
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引用次数: 2
Does the Covenant on the Rights of the Child in Islam Provide Adequate Protection for Children Affected by Armed Conflicts? 《伊斯兰儿童权利公约》是否为受武装冲突影响的儿童提供了充分的保护?
Q3 Social Sciences Pub Date : 2011-10-25 DOI: 10.2202/1554-4419.1220
Nasrin Mosaffa
More than a quarter of the global population of two billion children live in Islamic countries; therefore, their protection is vital while a handful of them are suffering from lack of hygiene, education, and poverty. The current armed conflict in different ways also has an effect and seriously impacts children as victims and associates in armed groups. Organization of Islamic Conference (OIC) as a collective voice of its 57 members, initiated a series of efforts in this regard. Islamic texts and traditions show significant importance for child protection, but what has been done until today by OIC as a main intergovernmental Organization guided by Islamic principles, values and norms, is not sufficient. Covenant on the Rights of the Child in Islam is the first human rights binding document adopted by OIC as part of consecutive efforts of OIC to promote protection of children. Although it is regarded as an important step, its adequacy for protection of children affected by armed conflicts is under question. Furthermore, in comparison to International Humanitarian Law and Convention on the Rights of the Child, it does not reflect proportionately and further provisions for children affected, with regard to the extent and the dimensions of conflicts in Islamic countries.
全球20亿儿童人口中有四分之一以上生活在伊斯兰国家;因此,在少数儿童缺乏卫生、教育和贫困的情况下,对他们的保护至关重要。当前的武装冲突也以不同的方式影响并严重影响到作为武装团体受害者和同伙的儿童。伊斯兰会议组织(伊斯兰会议组织)作为其57个成员的集体声音,在这方面发起了一系列努力。伊斯兰文本和传统显示了对儿童保护的重大重要性,但是伊斯兰会议组织作为一个以伊斯兰原则、价值和规范为指导的主要政府间组织迄今所做的工作是不够的。《伊斯兰儿童权利盟约》是伊斯兰会议组织通过的第一份具有人权约束力的文件,是伊斯兰会议组织为促进保护儿童而不断努力的一部分。虽然它被认为是一个重要步骤,但它是否足以保护受武装冲突影响的儿童却受到质疑。此外,与国际人道主义法和《儿童权利公约》相比,在伊斯兰国家冲突的程度和规模方面,它没有适当地反映出对受影响儿童的进一步规定。
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引用次数: 4
A Victim's Claim of Being Raped is Neither a Confession to Zina nor Committing Qadhf (Making False Accusation of Zina) 受害人声称被强奸既不是对吉娜的供认,也不是犯了奸淫(诬告吉娜)
Q3 Social Sciences Pub Date : 2011-10-12 DOI: 10.2202/1554-4419.1174
A. Noor
Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or committing qadhf, as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina (qadhf). This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought.
性侵犯给受害者留下了难以忍受的情感痛苦。对他们自由意志的不受欢迎的侵略使他们在身体和精神上遭受痛苦。最重要的是,他们还必须争取在法庭审判期间得到公平和尊重的对待。在伊斯兰法律制度中,关于强奸的起诉一直存在一些争议。这个争议的原因是,强奸受害者通常会因为她的供词而被控吉娜,或者因为她没有提供四名男性目击证人而被控犯有强奸罪。本文旨在探讨伊斯兰教法规定的强奸受害者控诉被强奸的基本法律权利、得到公平的辩护和免于惩罚的权利。本文还试图探讨受害者对强奸犯的个人证词的可采性。本文认为,证明强奸与证明吉娜不同,因为强奸受害者提出报告或投诉她被强奸的折磨,不应与承认吉娜的人一样对待。证明强奸也不同于指控强奸犯犯了奸淫。本研究将探讨来自不同思想流派的伊斯兰法学古典穆斯林学者的观点和论点。
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引用次数: 1
Cultural Legitimacy and Human Rights in Bangladesh: Strategies for Effective Advocacy 孟加拉国的文化合法性与人权:有效宣传战略
Q3 Social Sciences Pub Date : 2011-10-12 DOI: 10.2202/1554-4419.1228
M. Tomm
This essay addresses the “cultural legitimacy” of human rights norms in Bangladesh and suggests some strategies for Bangladeshi human rights advocates to effectively disseminate and strengthen human rights standards among their constituents. Abdullahi An-Na‘im argues that human rights will never be secure in a country until they are seen as culturally legitimate, and consequently “human rights advocates in the Muslim world must work within the framework of Islam to be effective” (1990, 15). Taking this idea as its starting point, this article draws on the idea of public reason and the development of politics in the West to suggest some ways that An-Na‘im’s imperative might be realized in practice.
本文探讨了孟加拉国人权规范的“文化合法性”,并为孟加拉国人权倡导者在其选民中有效传播和加强人权标准提出了一些策略。Abdullahi An-Na ' im认为,除非人权在文化上被视为合法,否则人权在一个国家永远不会得到保障,因此“穆斯林世界的人权倡导者必须在伊斯兰教的框架内工作才能有效”(1990,15)。本文以这一思想为出发点,借鉴公共理性思想和西方政治的发展历程,提出了在实践中实现安娜林命令性的一些途径。
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引用次数: 1
Review of Holy Ignorance: When Religion and Culture Part Ways 《神圣的无知:当宗教与文化分道扬镳》书评
Q3 Social Sciences Pub Date : 2011-10-12 DOI: 10.2202/1554-4419.1243
A. B. Sajoo
Olivier Roy argues that the separation of culture and faith—by secular as well as religious actors—has fuelled a "holy ignorance" which paves the way for fundamentalist claims as "authentic." This review draws attention to the consequences for human rights in the Muslim world, especially with regard to gender and religious freedom. While agreeing with Roy's overall thesis, the review finds it too sweeping in its assumption that religious traditions can be grounded at all outside of some cultural foundations. Further, both secular and religious forces have much to gain from—as well as contribute to—a pluralism that offers the strongest prospects for the cultural legitimacy that human rights needs as universalist project.
奥利维尔·罗伊认为,文化和信仰的分离——无论是世俗的还是宗教的——助长了一种“神圣的无知”,为原教旨主义的主张“真实”铺平了道路。这次审查提请注意对穆斯林世界人权的影响,特别是对性别和宗教自由的影响。虽然同意罗伊的整体论点,但该评论认为,宗教传统可以在某些文化基础之外扎根的假设过于笼统。此外,世俗和宗教力量都能从多元主义中获益良多——同时也为多元主义做出贡献——这种多元主义为人权作为普世主义项目所需要的文化合法性提供了最强有力的前景。
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引用次数: 0
Review of The Rights of God: Islam, Human Rights, and Comparative Ethics 《真主的权利:伊斯兰教、人权与比较伦理学》书评
Q3 Social Sciences Pub Date : 2011-10-12 DOI: 10.2202/1554-4419.1223
Laila Khalid Ghauri
Many scholars, Muslim and Western, struggle to understand the concept of human rights in Islam and its status in contemporary Islamic societies. There is much debate because often the discussion of “universal” human rights does not address the subject of religion at all. Furthermore, the language of “universal” human rights, as presented in Universal Declaration of Human Rights (UDHR), is not explicit in Islam’s primary and secondary sources, including the Qur’an and Hadith. The Rights of God: Islam, Human Rights, and Comparative Ethics attempts to address this sensitive and largely unexplored relationship between Islam and human rights, by further focusing on, what the author calls, “comparative religious ethics,” which “seeks to understand ethical values across religions and cultures.” To demonstrate diversity of opinions on this issue, Irene Oh studies and compares the religious ethics of Abul A’la Maududi, Sayyid Qutb, and ‘Abdolkarim Soroush. This text opens the door for further research to investigate into the issue, and uncovers that “universal” ideas of human rights have found their way into Islamic thought.
许多学者,无论是穆斯林还是西方,都在努力理解伊斯兰教的人权概念及其在当代伊斯兰社会中的地位。之所以有很多争论,是因为关于“普遍”人权的讨论往往根本不涉及宗教问题。此外,《世界人权宣言》(UDHR)中提出的“普遍”人权的语言,在伊斯兰教的主要和次要来源,包括《古兰经》和《圣训》中并不明确。《真主的权利:伊斯兰教、人权和比较伦理》一书试图通过进一步关注作者所称的“比较宗教伦理”,即“试图理解跨宗教和文化的伦理价值观”,来解决伊斯兰教与人权之间这个敏感的、基本上未被探索的关系。为了证明在这个问题上意见的多样性,Irene Oh研究并比较了Abul A ' la Maududi, Sayyid Qutb和Abdolkarim Soroush的宗教伦理。本文为进一步研究这一问题打开了大门,并揭示了人权的“普遍”观念已经进入伊斯兰思想。
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引用次数: 0
Restrictions on the Press under King Mohammed VI and Morocco's Obligations under International and Domestic Laws on Freedom of Expression 穆罕默德六世国王对新闻的限制和摩洛哥根据国际和国内法对言论自由的义务
Q3 Social Sciences Pub Date : 2011-03-07 DOI: 10.2202/1554-4419.1186
A. Koprowski
Over the last eight years, there has been a sharp increase in government censorship and officially sponsored persecution of the Moroccan free press. The Moroccan press still enjoys greater freedoms now than under the late King Hassan II, thanks to the liberalization efforts he facilitated toward the end of his life, which were also continued in the early years of his son’s reign. However, the freedoms media activists worked so hard to obtain at the end of the last century have rapidly begun to erode, particularly after the 2003 terrorist attacks in Casablanca. Morocco remains an important Arab ally to both the United States and Europe, but the monarchy risks that relationship by tightening the reigns on speech and violating international human rights laws. Moreover, the monarchy puts itself at risk domestically every time it imprisons a journalist or imposes a bankrupting fine on a popular periodical, as Moroccan human rights groups grow less enchanted by their king. Over the last two years, criminal charges against the media have increased significantly, causing some publications to close and leaving a number of journalists in jail for their writings. In addition, since 2008, the Moroccan government has begun to censor the Internet, arresting bloggers and satirists and temporarily suspending access to popular websites, such as YouTube. This article explores Morocco's obligations under international and domestic law relating to freedom of expression and examines some recent court cases involving the Moroccan media.
在过去的八年里,摩洛哥政府的审查制度急剧增加,官方支持对摩洛哥自由新闻的迫害。摩洛哥媒体现在仍然享有比已故国王哈桑二世统治时期更大的自由,这要归功于哈桑二世在他生命的最后几年推动的自由化努力,这一努力在他儿子统治的早期也得到了延续。然而,媒体活动人士在上世纪末努力争取的自由迅速开始受到侵蚀,尤其是在2003年卡萨布兰卡恐怖袭击之后。摩洛哥仍然是美国和欧洲的重要阿拉伯盟友,但君主制加强了对言论的控制,违反了国际人权法,使这种关系面临风险。此外,随着摩洛哥人权组织对国王越来越不感兴趣,每次监禁一名记者或对一家受欢迎的期刊处以破产罚款,君主制就会使自己在国内面临风险。在过去两年中,针对媒体的刑事指控大幅增加,导致一些出版物关闭,并使一些记者因其写作而入狱。此外,自2008年以来,摩洛哥政府开始审查互联网,逮捕博客作者和讽刺作家,并暂停访问YouTube等热门网站。本文探讨摩洛哥在国际与国内法下对言论自由的义务,并检视近期涉及摩洛哥媒体的法庭案件。
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引用次数: 1
Citizenship in Question: Chicago Muslims Before and After 9/11 公民身份问题:911事件前后的芝加哥穆斯林
Q3 Social Sciences Pub Date : 2011-02-21 DOI: 10.2202/1554-4419.1180
Jackleen M. Salem
While the migration of the Muslim in the U.S. dates back to the late 1800s and they have been active members of society for decades, the presence of Muslims in the U.S. has recently come under focus and discussion. The U.S. is a nation that has historically struggled with treating all its citizens equally and has been in the frontlines of eliminating these inequalities. As a result of 9/11 terrorist attacks on the U.S., there has been a systematic and troubling trend of violations of citizenship rights of American Muslims in general. This paper examines these violations before and after 9/11 from a historical perspective. For this purpose, Chicago, as the home of one of the largest Muslim communities in the country, is used to document and conduct this analysis. The paper also discusses the implications of these issues in terms of citizenship, race, and ethnicity.
虽然穆斯林在美国的移民可以追溯到19世纪晚期,并且几十年来一直是社会的活跃成员,但穆斯林在美国的存在最近才成为关注和讨论的焦点。美国是一个历史上一直努力平等对待所有公民的国家,并一直走在消除这些不平等的前沿。由于9/11恐怖袭击对美国的影响,美国穆斯林的公民权总体上出现了系统性和令人不安的侵犯趋势。本文从历史的角度考察了9/11事件前后的这些违法行为。为此,芝加哥作为美国最大的穆斯林社区之一,被用来记录和进行这项分析。本文还讨论了这些问题在公民身份、种族和民族方面的影响。
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引用次数: 2
Human Rights and Islamic Law: A Legal Analysis Challenging the Husband's Authority to Punish "Rebellious" Wives" 人权与伊斯兰法:挑战丈夫惩罚“叛逆”妻子权威的法律分析
Q3 Social Sciences Pub Date : 2011-02-21 DOI: 10.2202/1554-4419.1207
Murad H Elsaidi
Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account (1) the context under which the verse came about, including the societal norms and conditions of the time; (2) the Prophet Muhammad’s profound views against violence towards women; (3) the values of marriage emphasized in the Qur’an; (4) the Qur’an’s incremental approach to improving social behavior and practice; and (5) the higher objectives of Islamic law.
古兰经第4章第34节历来被解释为赋予丈夫对妻子的权威。即使在今天,比如最近发生在阿拉伯联合酋长国的一个案件中,伊斯兰法院也认为,丈夫在“惩戒”对丈夫表现出叛逆行为的妻子方面有一定的回旋余地。本文通过全面的法律分析来挑战这种解释,考虑到:(1)这首诗产生的背景,包括当时的社会规范和条件;(2)先知穆罕默德反对对妇女施暴的深刻见解;(3)《古兰经》所强调的婚姻价值;(4)《古兰经》在改善社会行为和实践方面的渐进式方法;(5)伊斯兰教法的更高目标。
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引用次数: 12
Towards Substantive Equality in Iranian Constitutional Discourse 伊朗宪法话语中的实质平等
Q3 Social Sciences Pub Date : 2011-02-06 DOI: 10.2202/1554-4419.1190
Aminreza Koohestani
This paper discusses to what extent, if any, recent street uprisings in Iran have been fuelled by gender inequalities; and, what the legal challenges of transforming such gender equality demands into the constitution are. I argue that a demographic transition that commenced two decades ago in Iran changed the status of women in family and society. Such a transition has unavoidably increased the presence of women in the public sphere and challenged gender presumptions within the law. To give a constitutional response to such demands, I argue, the Iranian Constitution must re-examine the correlation between women and men as biological and/or social groups, and the relationship among women themselves as a group consisting of diverse identities. Moreover, equal attention must be paid to women’s norm, diversity, and agency.
本文讨论了性别不平等在多大程度上(如果有的话)助长了伊朗最近的街头起义;将性别平等的要求写入宪法的法律挑战是什么?我认为二十年前在伊朗开始的人口转型改变了妇女在家庭和社会中的地位。这种转变不可避免地增加了妇女在公共领域的存在,并对法律中的性别假设提出了挑战。我认为,若要以宪法回应这些要求,伊朗宪法必须重新检视男女作为生理及/或社会群体之间的关系,以及女性本身作为具有不同身份的群体之间的关系。此外,必须同等重视妇女的规范、多样性和能动性。
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引用次数: 1
期刊
Muslim World Journal of Human Rights
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