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Freedom Or Theocracy?: Constitutionalism in Afghanistan and Iraq Hannibal Travis
Northwestern Journal of International Human Rights Volume 3 | Issue 1 Article 4 Spring 2005 Freedom or Theocracy?: Constitutionalism in Afghanistan and Iraq Hannibal Travis Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Hannibal Travis, Freedom or Theocracy?: Constitutionalism in Afghanistan and Iraq, 3 Nw. J. Int'l Hum. Rts. 1 (2005). http://scholarlycommons.law.northwestern.edu/njihr/vol3/iss1/4 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2005 Northwestern University School of Law Volume 3 (Spring 2005) Northwestern University Journal of International Human Rights FREEDOM OR THEOCRACY?: CONSTITUTIONALISM IN AFGHANISTAN AND IRAQ By Hannibal Travis* “Afghans are victims of the games superpowers once played: their war was once our war, and collectively we bear responsibility.”1 “In the approved version of the [Afghan] constitution, Article 3 was amended to read, ‘In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam.’ … This very significant clause basically gives the official and nonofficial religious leaders in Afghanistan sway over every action that they might deem contrary to their beliefs, which by extension and within the Afghan cultural context, could be regarded as -
Women Oppressed in the Name of Culture and Religion Saudi Arabia and the Convention on the Elimination of All Forms of Discrimination Against Women
MALMÖ UNIVERSITY HR 61‐90 GLOBAL AND POLITICAL STUDIES AUTUMN 2010 HUMAN RIGHTS SUPERVISOR: ANNA BRUCE Women oppressed in the name of culture and religion Saudi Arabia and the Convention on the Elimination of All Forms of Discrimination Against Women Elin Andersson & Linn Togelius Abstract In Saudi Arabia women are legal minors who need permission from a male guardian in, among others, matters concerning education, employment and health care. Despite the obvious subordination of women in the country, Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination Against Women, with a reservation saying that in cases of contradiction between the Convention and Islamic law they do not obligate themselves to follow the rules of the Convention. Respecting the culture, tradition and religion of non-western societies is important in the work with implementing international human rights. However, in the case of Saudi Arabia, it seems like the cultural and religious claims merely function as justification of an institutional oppression of women. This institutional practice of oppression is unique and taken to the extreme, but oppression of women in itself is a global phenomenon, which is not connected to a specific culture. Key words: Saudi Arabia, CEDAW, women’s rights, Feminism, Cultural Relativism, Islamic law 1 Contents 1 Introduction ............................................................................................................................. 4 1.2 Aim and research questions ............................................................................................. -
Impending Developments and Transformations in International Law
The Chinese Journal of Global Governance 3 (2017) 83–159 brill.com/cjgg The Clash of Architects: Impending Developments and Transformations in International Law Joel Slawotsky IDC Herzliya, Israel [email protected] Abstract The world stands at the precipice of a transitional moment in the international law writ caused by the reasonable likelihood that new architects will be joining (and eventually supplanting) the present-day architects. Transformative geo-political and economic developments such as OBOR, the AIIB, NDB and the increasing internationalization of the Yuan all herald potentially significant changes to the existing international gover- nance architecture. “Revisionist” states with strong motivations and global ambitions, may will become international law creators as these new architects influence the eco- nomic and legal orders. International law is not static and several of the new architects’ customs and norms inherently conflict with current Western ideals. Will international law norms converge? Will Western notions gravitate towards the other spectrum in enlightened self-interest? The impact on international law norms, enforcement, human rights, sustainability, trade and investment treaties and arbitration will be far-reaching. Understanding how this potential re-orientations in power will affect international law is of critical importance. Keywords global governance architecture – international law – norms The world stands at the precipice of a transitional moment for international law affecting both the creation and enforcement of international law;1 access 1 The dispute between China and the United States over the South China Sea provides an apt illustration. See Michael Martina, Greg Torode and Ben Blanchard, China scrambles © Slawotsky, Joel, 2�17 | doi 10.1163/23525207-12340025 This is an open access article distributed under the terms of the Creative Commons Attribution- Noncommercial 3.0 Unported (CC-BY-NC 3.0) License. -
United Arab Emirates (Uae)
Library of Congress – Federal Research Division Country Profile: United Arab Emirates, July 2007 COUNTRY PROFILE: UNITED ARAB EMIRATES (UAE) July 2007 COUNTRY اﻟﻌﺮﺑﻴّﺔ اﻟﻤﺘّﺤﺪة (Formal Name: United Arab Emirates (Al Imarat al Arabiyah al Muttahidah Dubai , أﺑﻮ ﻇﺒﻲ (The seven emirates, in order of size, are: Abu Dhabi (Abu Zaby .اﻹﻣﺎرات Al ,ﻋﺠﻤﺎن Ajman , أ مّ اﻟﻘﻴﻮﻳﻦ Umm al Qaywayn , اﻟﺸﺎرﻗﺔ (Sharjah (Ash Shariqah ,دﺑﻲّ (Dubayy) .رأس اﻟﺨﻴﻤﺔ and Ras al Khaymah ,اﻟﻔﺠﻴﺮة Fajayrah Short Form: UAE. اﻣﺮاﺗﻰ .(Term for Citizen(s): Emirati(s أﺑﻮ ﻇﺒﻲ .Capital: Abu Dhabi City Major Cities: Al Ayn, capital of the Eastern Region, and Madinat Zayid, capital of the Western Region, are located in Abu Dhabi Emirate, the largest and most populous emirate. Dubai City is located in Dubai Emirate, the second largest emirate. Sharjah City and Khawr Fakkan are the major cities of the third largest emirate—Sharjah. Independence: The United Kingdom announced in 1968 and reaffirmed in 1971 that it would end its treaty relationships with the seven Trucial Coast states, which had been under British protection since 1892. Following the termination of all existing treaties with Britain, on December 2, 1971, six of the seven sheikhdoms formed the United Arab Emirates (UAE). The seventh sheikhdom, Ras al Khaymah, joined the UAE in 1972. Public holidays: Public holidays other than New Year’s Day and UAE National Day are dependent on the Islamic calendar and vary from year to year. For 2007, the holidays are: New Year’s Day (January 1); Muharram, Islamic New Year (January 20); Mouloud, Birth of Muhammad (March 31); Accession of the Ruler of Abu Dhabi—observed only in Abu Dhabi (August 6); Leilat al Meiraj, Ascension of Muhammad (August 10); first day of Ramadan (September 13); Eid al Fitr, end of Ramadan (October 13); UAE National Day (December 2); Eid al Adha, Feast of the Sacrifice (December 20); and Christmas Day (December 25). -
The Gulf Rising: Defense Industrialization In
Atlantic Council BRENT SCOWCROFT CENTER ON INTERNATIONAL SECURITY THE GULF RISING Defense Industrialization in Saudi Arabia and the UAE Bilal Y. Saab THE GULF RISING Defense Industrialization in Saudi Arabia and the UAE Bilal Y. Saab Resident Senior Fellow for Middle East Security Brent Scowcroft Center on International Security at the Atlantic Council © May 2014 The Atlantic Council of the United States. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from the Atlantic Council, except in the case of brief quotations in news articles, critical articles, or reviews. Please direct inquiries to: Atlantic Council 1030 15th Street NW, 12th Floor Washington, DC 20005 ISBN: 978-1-61977-055-3 Cover image: A visitor looks at a miniature model of a helicopter on display during the International Defense Exhibition and Conference (IDEX) at the Abu Dhabi National Exhibition Centre, February 18, 2013. Table of Contents Foreword ................................................................................................ 1 Executive Summary ..................................................................................... 2 The Author .............................................................................................. 6 Introduction ............................................................................................. 7 Motivations ............................................................................................. 9 Pillars ..................................................................................................13 -
35 Ahmadiyya
Malaysian Journal of International Relations, Volume 6, 2018, 35-46 ISSN 2289-5043 (Print); ISSN 2600-8181 (Online) AHMADIYYA: GROWTH AND DEVELOPMENT OF A PERSECUTED COMMUNITY Abdul Rashid Moten ABSTRACT Ahmadiyya, a group, founded in 19th century India, has suffered fierce persecution in various parts of the Muslim world where governments have declared them to be non-Muslims. Despite opposition from mainstream Muslims, the movement continued its proselytising efforts and currently boasts millions of followers worldwide. Based on the documentary sources and other scholarly writings, this paper judges the claims made by the movement's founder, Mirza Ghulam Ahmad, analyses the consequences of the claims, and examines their proselytizing strategies. This paper found that the claims made by Mirza were not in accordance with the belief of mainstream Muslims, which led to their persecution. The reasons for their success in recruiting millions of members worldwide is to be found in their philanthropic activities, avoidance of violence and pursuit of peace inherent in their doctrine of jihad, exerting in the way of God, not by the sword but by the pen. Keywords: Ahmadiyya, jihad, Mirza Ghulam Ahmad, Pakistan, philanthropy INTRODUCTION The Qur’an categorically mentions that Muhammad is the last in the line of the Prophets and that no prophet will follow him. Yet, there arose several individuals who claimed prophethood in Islam. Among the first to claim Prophecy was Musailama al-Kazzab, followed by many others including Mirza Hussein Ali Nuri who took the name Bahaullah (glory of God) and formed a new religion, the Bahai faith. Many false prophets continued to raise their heads occasionally but failed to make much impact until the ascendance of the non-Muslim intellectual, economic and political forces particularly in the 19th century A.D. -
Saudi Arabia Page 1 of 18
Saudi Arabia Page 1 of 18 Published on Freedom House (https://freedomhouse.org) Home > Saudi Arabia Saudi Arabia Country: Saudi Arabia Year: 2015 Status: Not Free Total Score: 73 (0 = Best, 100 = Worst) Obstacles to Access: 15 (0 = Best, 25 = Worst) Limits on Content: 24 (0 = Best, 35 = Worst) Violations of User Rights: 34 (0 = Best, 40 = Worst) Population: 30.8 million Internet Penetration: 64 percent Social Media/ICT Apps Blocked: Yes Political/Social Content Blocked: Yes Bloggers/ICT Users Arrested: Yes Press Freedom Status: Not Free Key Developments: https://freedomhouse.org/print/47723 12/8/2016 Saudi Arabia Page 2 of 18 June 2014–May 2015 • The Saudi television channel Rotana ordered Google to take down a video of the satirical YouTube show “Fitnah” on copyright grounds, after the show had used footage from Rotana to criticize its owner, Prince Waleed bin Talal. The video was later restored by YouTube (see Content Removal). • Human rights activists Waleed Abu al-Khair and Fowzan al-Harbi have had their prison sentences extended to 15 and 10 years, respectively, upon appeals by the public prosecutor (see Prosecutions and Detentions for Online Activities). • Raif Badawi, who co-founded the website Saudi Arabia Liberals, had his 10-year sentence suspended and later upheld by the Supreme Court and received the first set of 50 lashes in January. He was sentenced to a total 1,000 lashes, to be carried out in public (see Prosecutions and Detentions for Online Activities). • During a funeral for the victims of an attack by Islamic State (IS) militants on a Shiite mosque, political activist Waleed Sulais was beaten by two men who accused him of insulting them on social networks (see Intimidation and Violence). -
URGENT APPEAL the Case of Raif Badawi
URGENT APPEAL The Case of Raif Badawi To the attention of: Special Procedures, United Nations Human Rights Office of the High Commissioner May 1, 2019 Related mandates Arbitrary Detention Freedom of opinion and expression Freedom of peaceful assembly and of association Human rights defenders Torture Victims Name: Raif Badawi Type: Individual Sex: Male Date of birth: 13/01/1984 Nationality: Saudi Arabia Affiliation or activity: Human rights-related activity Submitted by Name: The Raoul Wallenberg Centre for Human Rights & The Human Rights Foundation Type: NGOs Email: [email protected] Describe the activities of the group/community, civil society or other entity: The Raoul Wallenberg Centre for Human Rights (RWCHR) is a unique international consortium of parliamentarians, scholars, jurists, human rights defenders, NGOs, and students united in the pursuit of justice, inspired by and anchored in Raoul Wallenberg’s humanitarian legacy – how one person with the compassion to care and the courage to act can confront evil, prevail, and transform history. Our Chair, the Honourable Professor Irwin Cotler, serves as Raif Badawi’s international legal counsel and has power of attorney. The Human Rights Foundation (HRF) is a nonpartisan nonprofit organization that promotes and protects human rights globally, with a focus on closed societies. HRF unites people in the common cause of defending human rights and promoting liberal democracy. Contact persons of the group/community, civil society or other entity: Irwin Cotler- Raoul -
Zaheeruddin V. State and the Official Persecution of the Ahmadiyya Community in Pakistan
Minnesota Journal of Law & Inequality Volume 14 Issue 1 Article 5 June 1996 Enforced Apostasy: Zaheeruddin v. State and the Official Persecution of the Ahmadiyya Community in Pakistan M. Nadeem Ahmad Siddiq Follow this and additional works at: https://lawandinequality.org/ Recommended Citation M. N. Siddiq, Enforced Apostasy: Zaheeruddin v. State and the Officialersecution P of the Ahmadiyya Community in Pakistan, 14(1) LAW & INEQ. 275 (1996). Available at: https://scholarship.law.umn.edu/lawineq/vol14/iss1/5 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. Enforced Apostasy: Zaheeruddin v. State and the Official Persecution of the Ahmadiyya Community in Pakistan M. Nadeem Ahmad Siddiq* Table of Contents Introduction ............................................... 276 I. The Ahmadiyya Community in Islam .................. 278 II. History of Ahmadis in Pakistan ........................ 282 III. The Decision in Zaheerudin v. State ................... 291 A. The Pakistan Court Considers Ahmadis Non- M uslim s ........................................... 292 B. Company and Trademark Laws Do Not Prohibit Ahmadis From Muslim Practices ................... 295 C. The Pakistan Court Misused United States Freedom of Religion Precedent .............................. 299 D. Ordinance XX Should Have Been Found Void for Vagueness ......................................... 314 E. The Pakistan Court Attributed False Statements to Mirza Ghulam Almad ............................. 317 F. Ordinance XX Violates -
Arab Secularism's Assisted Suicide
Arab Secularism’s Assisted Suicide A Brief History of Arab Political Discourse on Religion and the State APRIL 25, 2019 — MARK FARHA The Century Foundation | tcf.org Arab Secularism’s Assisted Suicide A Brief History of Arab Political Discourse on Religion and the State APRIL 25, 2019 — MARK FARHA Few would contest that the Arab world today is still ideological impasse. Relying on a range of Arabic primary struggling to accept, let alone institutionalize, the core pillars sources, it begins with a panoramic historical overview of of secularism and a civic state. In part, this crisis of secularism the usage of the term “madani” (meaning “civil” or “civic”) might be seen as a global phenomenon in light of the among a selection of key liberal and reformist Arab proliferation of populism tinged with communal prejudice. intellectuals, from the nineteenth century to the present.2 But while there is a global component to this problem, there The report also examines recurrent patterns in the use of are also particular regional characteristics. This report seeks “dawlah madaniyyah” as a means of either asserting or to go beyond the current crisis surrounding secularism avoiding an egalitarian, secular state in the present context as a symptom of a broader, universal failure of liberal of post-Arab-uprising states struggling with ideological and democracy and economic inequalities, and to specifically sectarian fragmentation. I explore how the concepts of the link the enfeebled state of secularism in Arab states to the civil state and citizenship have actually been used, in some region’s intellectual and political history since the nineteenth cases, to completely skirt secularism proper. -
Origination, Organization, and Prevention: Saudi Arabia, Terrorist Financing and the War on Terror”
Testimony of Steven Emerson with Jonathan Levin Before the United States Senate Committee on Governmental Affairs “Terrorism Financing: Origination, Organization, and Prevention: Saudi Arabia, Terrorist Financing and the War on Terror” July 31, 2003 Steven Emerson Executive Director The Investigative Project 5505 Conn. Ave NW #341 Washington DC 20015 Email: [email protected] phone 202-363-8602 fax 202 966 5191 Introduction Terrorism depends upon the presence of three primary ingredients: Indoctrination, recruitment and financing. Take away any one of those three ingredients and the chances for success are geometrically reduced. In the nearly two years since the horrific attacks of 9/11, the war on terrorism has been assiduously fought by the US military, intelligence and law enforcement. Besides destroying the base that Al Qaeda used in Afghanistan, the United States has conducted a comprehensive campaign in the United States to arrest, prosecute, deport or jail those suspected of being connected to terrorist cells. The successful prosecution of terrorist cells in Detroit and Buffalo and the announcement of indictments against suspected terrorist cells in Portland, Seattle, northern Virginia, Chicago, Tampa, Brooklyn, and elsewhere have demonstrated the resolve of those on the front line in the battle against terrorism. Dozens of groups, financial conduits and financiers have seen their assets frozen or have been classified as terrorist by the US Government. One of the most sensitive areas of investigation remains the role played by financial entities and non-governmental organizations (ngo’s) connected to or operating under the aegis of the Kingdom of Saudi Arabia. Since the July 24 release of the “Report of the Joint Inquiry into the Terrorist Attacks of September 11, 2001,” the question of what role Saudi Arabia has played in supporting terrorism, particularly Al Qaeda and the 9/11 attacks, has come under increasing scrutiny. -
Houses Built on Sand Ii
i Houses built on sand ii Series editors: Simon Mabon, Edward Wastnidge and May Darwich After the Arab Uprisings and the ensuing fragmentation of regime– society relations across the Middle East, identities and geopolitics have become increasingly contested, with serious implications for the ordering of political life at domestic, regional and international levels, best seen in conflicts in Syria and Yemen. The Middle East is the most militarised region in the world, where geopolitical factors remain predominant in shaping political dynamics. Another common feature of the regional landscape is the continued degeneration of communal relations as societal actors retreat into substate identities, while difference becomes increasingly violent, spilling out beyond state borders. The power of religion – and trans- state nature of religious views and linkages – thus provides the means for regional actors (such as Saudi Arabia and Iran) to exert influence over a number of groups across the region and beyond. This series provides space for the engagement with these ideas and the broader political, legal and theological factors to create space for an intellectual reimagining of socio- political life in the Middle East. Originating from the SEPAD project (www.sepad.org.uk), this series facilitates the reimagining of political ideas, identities and organisation across the Middle East, moving beyond the exclusionary and binary forms of identity to reveal the contingent factors that shape and order life across the region. iii Houses built on sand Violence, sectarianism and revolution in the Middle East Simon Mabon Manchester University Press iv Copyright © Simon Mabon 2020 The right of Simon Mabon to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988.