By Abdullahi Ahmed An-Na'im
Over the process his wonderful profession, criminal student Abdullahi Ahmed An-Na'im has sought to reconcile his identification as a Muslim along with his dedication to common human rights. In Muslims and international Justice, he advances the subject of worldwide justice from an Islamic standpoint, seriously reading the position that Muslims needs to play within the improvement of a realistic, rights-based framework for justice.
An-Na'im opens this selection of essays with a bankruptcy on Islamic ambivalence towards political violence, displaying how Muslims begun grappling with this challenge lengthy sooner than the September 11 assaults. different essays spotlight the necessity to enhance the cultural legitimacy of human rights within the Muslim international. As An-Na'im argues, to ensure that a dedication to human rights to develop into actually common, we needs to discover ways to accommodate a number of various purposes for trust in these rights. furthermore, the writer contends, construction an efficient human rights framework for international justice calls for that we circulation towards a people-centered method of rights. Such an technique may price greatest empowering neighborhood actors as a fashion of negotiating the anomaly of a human rights method that will depend on self-regulation through the state.
Encompassing over 20 years of An-Na'im's paintings on those serious matters, Muslims and international Justice presents a priceless theoretical method of the problem of figuring out worldwide justice in a global of profound spiritual and cultural difference.
Abdullahi Ahmed An-Na'im is the Charles Howard Candler Professor of legislation at Emory collage. he's the writer of African Constitutionalism and the position of Islam, and editor of Human Rights below African Constitutions: knowing the Promise for Ourselves, either on hand from the collage of Pennsylvania Press.
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Additional resources for Muslims and Global Justice
He development of these two basic themes in relation to international law and human rights can also be observed in Chapters 5, 6 and 7. My focus on human agency and a people-centered approach to human rights is emphasized in Chapter 4 and continues to evolve in later essays, including Chapter 11 which was published in 2007. he idea of mediation of competing claims and of paradox can be observed emerging in Chapter 6 and evolving in Chapters 8 and 10. he paradoxical role of the state is discussed also in Chapters 4 and 11.
Is this fact relevant to the legal response to such conduct, and, if so, how? As a matter of principle, I see no distinction between crime committed by a private person and crime committed by an oficial of any government. If an oicial person commits a crime under color of his or her oice or oicial position, that person should be prosecuted like any other ofender. In other words, a claim that the accused was acting under oicial orders or in furtherance of oicial “duties” should not be accepted as a valid defense against a criminal charge or accusation.
Moreover, in view of the subject of this chapter, it is important to consider briely the ways in which Shiʿa perspectives are similar to or diferent from those of the Sunni majority. Strictly speaking, it may be misleading to speak of the Sunni and Shiʿa perspectives in contrasting terms because both groups of Muslims share much of same beliefs and religious dogma. 36 It may be helpful for our purposes here to note the following general points of agreement and disagreement between the main Shiʿa sect, known as the IthnaBereitgestellt Ashari or Twelvers, now in power in Iran, and Sunni Muslims.