University of Huddersfield Repository

Total Page:16

File Type:pdf, Size:1020Kb

University of Huddersfield Repository University of Huddersfield Repository Al-Zubaidi, Maha Sabah Salman The sustainability potential of traditional architecture in the Arab world - with reference to domestic buildings in the UAE Original Citation Al-Zubaidi, Maha Sabah Salman (2007) The sustainability potential of traditional architecture in the Arab world - with reference to domestic buildings in the UAE. Doctoral thesis, University of Huddersfield. This version is available at http://eprints.hud.ac.uk/965/ The University Repository is a digital collection of the research output of the University, available on Open Access. Copyright and Moral Rights for the items on this site are retained by the individual author and/or other copyright owners. Users may access full items free of charge; copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational or not-for-profit purposes without prior permission or charge, provided: • The authors, title and full bibliographic details is credited in any copy; • A hyperlink and/or URL is included for the original metadata page; and • The content is not changed in any way. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. http://eprints.hud.ac.uk/ The Sustainability Potential of Traditional Architecture in the Arab World- With Reference to Domestic Buildings in the UAE by Maha Sabah Salman Al-Zubaidi A THESIS Submitted to the University of Huddersfield School of Art, Design, & Architecture in partial fulfilment of the requirements for the degree of DOCTOR OF PHILISOPHY October 2007 To the Soul of My Father Who passed away a few months before completion of this dissertation To the great man who taught me how to appreciate work, knowledge, and life Acknowledgement The author wishes to express her thankful appreciations to her supervisors, Richard Fellows, Richard Nicholls, and Dr. Magda Sibley for their guidance and support in the development of this research. Grateful appreciations to the author’s examiners Professor Cedric Cullingford and Professor Brian Edwards for the time they spent in reading this dissertation and precious comments and deep discussion they offered during the viva. The author is particularly grateful to Mrs. Pamela Armitage and Dr. Ian Pitchford for their great support, understanding, and cooperation during her work in the University of Huddersfield. Special thanks to Charles Hippisley-Cox, Clive Richardson, and Al-Tayeb Ibrahim Al-Madih for their support and useful comments during her stay in Huddersfield. Thankful appreciations to Ros Hall - Departmental Secretary, Sue Pritchard - Learning Resources Assistance and the secretarial staff at the School of Art, Design, & Architecture and the library and registry office staff in the University of Huddersfield for their cooperation. Thankful appreciations to the author’s dearest friends Dr. Victoria Hands and Marianna Cavada for their reliability, concern, and support. The author wishes to express special gratitude to her husband, Architect Khalid Sabie, and to her children, Samar, Dina, and Ahmed for their incessant love and patience, continuous support, and constant presence. Special appreciation to the author’s dearest mother, her sisters Dr. Nada & Dr. Layla, her brother Ahmed and to their children for their love and care all her life time. The Sustainability Potential of Traditional Architecture in the Arab world- With Reference to Domestic Buildings in the UAE PhD dissertation by Maha Sabah Salman Al-Zubaidi Abstract: This research is advocated to investigate sustainability potential in traditional architecture in the Arab World through developing Sustainability Assessment Method (SAM) appropriate to the natural environment and social values in the region. Problem of this research is the need to formulate a set of guidelines for planning policies and design decisions for contemporary architecture, especially domestic buildings with regard to the potential of sustainability evident in traditional architecture in the Arab World. The research aims to estimate the sustainability potential of traditional architecture in the Arab world, with particular reference to domestic buildings in the United Arab Emirates. To fulfill that aim, this research is concerned in developing Sustainability Environmental Assessment Method (SEAM) and Sustainability Social Assessment Method (SSAM) appropriate for the UAE and the Arab World by investigating existing sustainability assessment methods. This research methodology used Comparative Analysis (CA) for ten houses, five traditional and five contemporary, in the UAE using descriptive, qualitative and spatial analysis for these case studies. Two of these case studies were chosen, one each from the traditional and contemporary categories, to be tested in the empirical part of this study. The two chosen case studies were assessed using the proposed SEAM and SSAM to investigate environmental and social sustainability performance of traditional and contemporary houses and to test appropriateness of the proposed SEAM and SSAM. The research was divided into three parts. The first part aimed to build the theoretical background for sustainability and sustainable architecture review. This part consisted of the introduction and three chapters. The first chapter discussed sustainability as a concept and philosophy of worldwide concern and environment and sustainability dilemma in the Arab world. The second chapter investigated the sustainability potential in Islam and Islamic legislations, and how they were demonstrated in architecture, especially the traditional houses in the Arab World with reference to the UAE. Exploring natural and cultural background of the UAE and architecture development during the 20th century was discussed in the third chapter to formulate the theoretical frame for the research context. The second part, consisting of three chapters, was dedicated to formulate environmental & social sustainability assessment Methods. Investigating the sustainability environmental and social assessment methods to develop Sustainability Environmental Assessment Method (SEAM) and Sustainability Social Assessment Method (SSAM) was discussed in chapters four and five. Environmental and social sustainability dimensions in traditional and contemporary domestic buildings in the UAE were investigated in chapter six using the proposed SEAM and SSAM. The third part was dedicated for planning the research methodology & case study model, testing, and developing the Sustainability Assessment Methods. In chapter seven the research methodology, which is the Comparative Analysis (CA) was discussed. This chapter explained the objectives of the CA, methods of data collection, and methods of data analysis. Chapter eight focused on testing and crystallising the proposed Sustainably Assessment Method (SAM). This chapter introduced a modification of the proposed Sustainability Assessment Methods based on the findings of testing the SAM. Conclusions of the research and discussing major findings were illustrated at chapter nine. This chapter also discussed limitations of the research and pointed the research contribution to knowledge. Finally, the research set sustainable building checklist, formulated several recommendations, and suggested further studies to enrich the subject. Table of Contents Dedication……………………………………………………………………………………………. Acknowledgement………………………………………………………………………………….. Abstract………………………………………………………………………………………………. Table of Contents………………………………………………………………………………. …. i List of Figures ……………………………………………………………………………………… viii List of Charts……………………………………………………...………………………………… xi List of Tables………………………………………………………...……………………………… xii Glossary of Abbreviation……………………………………………………………………......... xv Glossary of Arabic Terms………………………………………………………………………… xvii Part 1: Theoretical Background Introduction…………………………………………………………………………………………. 1 Statement of the problem………………………………………………………………………. 1 Research aims…………………………………………………………………………………... 3 Research objectives (Main objective, subsidiary objectives)………………………………. 3 Research questions…………………………………………………………………………….. 4 Research hypothesis ………………………………………................................................. 4 Refinement and modification…………………………………………………………………... 4 Scope of research………………………………………………………………………………. 4 Reasons for Choosing the UAE……………………………………………………………….. 5 Research methodology………………………………………………………………………… 6 Research Organization…………………………………………………………………………. 11 Chapters Layout…………………………………………………………………………...……. 12 Literature review and research context…………………………………………………..……. 14 The Need for Studying Traditional Architecture in the Arab World……………………..…. 14 Traditional Architecture, Sustainability & Islam……………………………………………… 17 Architecture in the United Arab Emirates…………………………………………………….. 21 Conclusions ………………………………………………………………………………………… 22 Chapter 1: Sustainability and Its Impact on the Arab World Introduction………………………………………………………………………………………….. 24 1.1. Sustainability: Concepts and Aspects…………………………………………………….. 24 1.1.1. Sustainability Historical Review………………………………………………………... 25 1.1.1.1. Earth Day & Stockholm Conference…………………………………………… 26 1.1.1.2. Brandt Commission………………………………………………………………. 27 i 1.1.1.3. Brundtland Commission…………………………………………………............ 28 1.1.1.4. Earth Summit……………………………………………………………………... 28 1.1.1.5. Kyoto Protocol……………………………………………………………............ 28 1.1.1.6. World Summit on
Recommended publications
  • The Potential for Peacebuilding in Islam Toward an Islamic Concept of Peace Hisham Soliman
    The Potential for Peacebuilding in Islam Toward an Islamic Concept of Peace Hisham Soliman Hisham Soliman is a research assistant at the Kroc Institute for International Peace Studies, University of Notre Dame, and a member of the faculty of Cairo University Faculty of Economics and Political Science. After some general thoughts about the relationship between religion, conflict, and peace, the focus of this papers narrows to the relationship between Islam and peacebuilding in particular. Foundations for this relationship are laid upon a discussion of the misinterpreted concept of jihad. Islamic values and mechanisms are highlighted to further support an argument for an Islamic concept of peace; of particular importance are the capacities in Islam for nonviolence, the concept of justice in Islam, motivations for humanitarian work in Islam and the duty to work for peace. Excerpts from the sacred texts in Islam as well as examples of practical experiences are used to illustrate and support the argument. The article concludes with thoughts about the absence of most of these practices from the lived reality of Muslim societies. In general, Islam has been at the center of socio-political debates following the tragic attacks of September 11, 2001. A flurry of research, mostly by non-Muslims, has been conducted since then to explore Islam and whether a call for violence is central to this faith. Some Muslim scholars have exerted parallel efforts as well. Most of the latter, however, were primarily apologetic in tone, adopting a defensive posture to counter the perceived attack on their religious identity in the wake of these events.
    [Show full text]
  • Jihad and Terrorism: a Comparative Study Zahid Shah∗
    Jihad and Terrorism: A Comparative Study Zahid Shah∗ Abstract Man has always longed for peace: war per se has never been his cherished ideal. Yet wars have always been an undeniable fact of life. Notwithstanding the human desire for peace, at times wars do become indispensable. However, opinions differ as to when wars could be justified on moral grounds and when they are just a matter of sheer transgression. In tune with its claim to universality, both in terms of time and space, Islam has propounded its own everlasting concept of war, based on Divine wisdom and consideration of human welfare. Unfortunately, however, over a period of time, Islam’s position on war has been shrouded in confusion and misguided misinterpretations. To make matters worse, more often than not, Jihad has come to be equated with terrorism something which runs counter to the spirit & substance of Islam. This has more to do with the actions of a few misguided religious zealots than the intellectual handiwork of even fewer iconoclastic elements. Nevertheless, decidedly an overwhelming majority of Muslims, not only the intelligentsia but also the common believers, are and have always been averse to waging wars beyond the strict limitations prescribed in Quran and Sunnah of the Prophet (PBUH). Although a lot has been written on Jihad, scarcely anything of substance is available in terms of a comparative study of Jihad and terrorism in today’s context. Much of the literature available on the subject of jihad has limitations of one kind or another. Therefore this research article attempts to offer a comparative analysis of Jihad and terrorism based on authentic sources.
    [Show full text]
  • The Political Economy of Energy Transitions
    The Political Economy of Energy Transitions “Case studies of natural gas and offshore wind in the Netherlands and the United Kingdom” Student: Steven Blom (s4261690) Project: Master thesis Public Administration Program: Comparative Public Administration (COMPASS) University: Radboud University, Nijmegen, the Netherlands Faculty: Nijmegen School of Management Thesis supervisor Tutors: Dr. J. (Johan) De Kruijf Prof. dr. S. (Sandra) van Thiel Research assignment Client: Dr.ir. R.P.J.M. (Rob) Raven Position: Professor Institutions and Societal Transitions Department: Innovation studies department of Utrecht University Former position: Industrial Engineering & Innovation Sciences - Eindhoven University of Technology [TU/e] th Date: August 11 , 2015 1 Table of contents Abbreviations & acronyms ..................................................................................................................... 5 Prologue .................................................................................................................................................. 6 1. Introduction ........................................................................................................................................ 7 1.1 Introduction ................................................................................................................................... 7 1.2 Chapter’s structure ........................................................................................................................ 7 1.3 Problem description .....................................................................................................................
    [Show full text]
  • UK Dependence on Gas and Coal Imports
    House of Commons Trade and Industry Committee UK dependence on gas and coal imports Oral and written evidence Ordered by The House of Commons to be printed 16 May, 13, 20 and 27 June, 3 and 18 July, and 10 October 2006 HC 1123 i-vii and HC 1316-i, Session 2005-06 Published on 7 November 2007 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Trade and Industry Committee The Trade and Industry Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department of Trade and Industry. Current membership Peter Luff MP (Conservative, Mid Worcestershire) (Chairman) Roger Berry MP (Labour, Kingswood) Mr Brian Binley MP (Conservative, Northampton South) Mr Peter Bone MP (Conservative, Wellingborough) Mr Michael Clapham MP (Labour, Barnsley West and Penistone) Mrs Claire Curtis-Thomas MP (Labour, Crosby) Mr Lindsay Hoyle MP (Labour, Chorley) Mr Mark Hunter MP (Liberal Democrat, Cheadle) Miss Julie Kirkbride MP (Conservative, Bromsgrove) Judy Mallaber MP (Labour, Amber Valley) Rob Marris MP (Labour, Wolverhampton South West) Anne Moffat MP (Labour, East Lothian) Mr Mike Weir MP (Scottish National Party, Angus) Mr Anthony Wright MP (Labour, Great Yarmouth) Powers The committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.publications.parliament.uk/pa/cm/cmstords.htm Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House.
    [Show full text]
  • Democratic Culture and Muslim Political Participation in Post-Suharto Indonesia
    RELIGIOUS DEMOCRATS: DEMOCRATIC CULTURE AND MUSLIM POLITICAL PARTICIPATION IN POST-SUHARTO INDONESIA DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Political Science at The Ohio State University by Saiful Mujani, MA ***** The Ohio State University 2003 Dissertation Committee: Approved by Professor R. William Liddle, Adviser Professor Bradley M. Richardson Professor Goldie Shabad ___________________________ Adviser Department of Political Science ABSTRACT Most theories about the negative relationship between Islam and democracy rely on an interpretation of the Islamic political tradition. More positive accounts are also anchored in the same tradition, interpreted in a different way. While some scholarship relies on more empirical observation and analysis, there is no single work which systematically demonstrates the relationship between Islam and democracy. This study is an attempt to fill this gap by defining Islam empirically in terms of several components and democracy in terms of the components of democratic culture— social capital, political tolerance, political engagement, political trust, and support for the democratic system—and political participation. The theories which assert that Islam is inimical to democracy are tested by examining the extent to which the Islamic and democratic components are negatively associated. Indonesia was selected for this research as it is the most populous Muslim country in the world, with considerable variation among Muslims in belief and practice. Two national mass surveys were conducted in 2001 and 2002. This study found that Islam defined by two sets of rituals, the networks of Islamic civic engagement, Islamic social identity, and Islamist political orientations (Islamism) does not have a negative association with the components of democracy.
    [Show full text]
  • Punishment for Rape in Islamic Law
    Page 1 Malayan Law Journal Articles/2009/Volume 5/PUNISHMENT FOR RAPE IN ISLAMIC LAW [2009] 5 MLJ cxiv Malayan Law Journal Articles 2009 PUNISHMENT FOR RAPE IN ISLAMIC LAW Dr Azman Mohd Noor Assistant Professor Department of Fiqh and Usul al-Fiqh International Islamic University Malaysia In Islam, rape is considered to be a serious sexual crime. Since it consists of forcible sexual intercourse, most of the classical jurists called it zina bi al-ikrah, that is, forcible unlawful sexual intercourse. The ques- tionarises as to whether rape is part of zina or an isolated crime. This paper focuses on the notion of rape, including a definition of this crime, its punishments and a comparison between rape and zina in Islamic ju- risprudence. INTRODUCTION Many controversial issues have arisen recently pertaining to rape, ranging from the actual definition of rape, its classification, adjudication and punishment, and ending with the compensation that is to be paid to the rape victim(s). To a layman, rape has always been associated with zina in the sense that both crimes involve sexual intercourse; this perception is in fact not quite right. To make things more confusing, some modern Islamic Courts in the Muslim world today too, have posited rape to zina in which the victim could be liable for slanderous accusation (qadhf) if she fails to produce four male eyewitnesses to support her indictment. Modern as well as classical scholars of the past have thoroughly studied the issues, based on Islamic sources, and have arrived at the standard of proof required to convict a rapist.
    [Show full text]
  • Islamic Law, Jihad and Violence
    ISLAMIC LAW, JIHAD AND VIOLENCE Khaled Abou El Fadl TABLE OF CONTENTS INTRODUCTION ��������������������������������������������������������������������������������������������������������������1 I. MORAL OBLIGATION AND LEGAL INDETERMINACY IN THE ISLAMIC JURISTIC TRADITION ..........................................................................................................5 II. THE MEANING OF JIHAD ......................................................................................9 A. Peace as a Moral Imperative ................................................................10 B. The Qur’anic Discourse on Jihad ........................................................12 C. The Challenge of War and the Balancing of Moral Imperatives ..........13 III� JUS AD BELLUM IN THE ISLAMIC TRADITION���������������������������������������������������������15 IV� JUS IN BELLO IN THE ISLAMIC TRADITION.............................................................20 INTRODUCTION To what extent are justifications of violence in Islamic law based on scriptural prescriptions and commands? The challenge of answering this question, in part, is the sheer breadth of the Islamic experience. The same scriptures at the core of the Islamic faith have inspired everything from the most pacifistic mystical orders to the incomprehensibly violent Assassins. The Islamic historical experience is remarkably rich and nuanced—Muslims did not just wage war; they also invented civilizations. While Muslim core scriptures remained unchanged, the sociological and cultural
    [Show full text]
  • Islamic Law, Jihad and Violence
    UCLA UCLA Journal of Islamic and Near Eastern Law Title Islamic Law, Jihad and Violence Permalink https://escholarship.org/uc/item/1sj0m31p Journal UCLA Journal of Islamic and Near Eastern Law, 16(1) Author Abou El Fadl, Khaled Publication Date 2017 DOI 10.5070/N4161038734 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ISLAMIC LAW, JIHAD AND VIOLENCE Khaled Abou El Fadl TABLE OF CONTENTS INTRODUCTION ��������������������������������������������������������������������������������������������������������������1 I. MORAL OBLIGATION AND LEGAL INDETERMINACY IN THE ISLAMIC JURISTIC TRADITION ..........................................................................................................5 II. THE MEANING OF JIHAD ......................................................................................9 A. Peace as a Moral Imperative ................................................................10 B. The Qur’anic Discourse on Jihad ........................................................12 C. The Challenge of War and the Balancing of Moral Imperatives ..........13 III� JUS AD BELLUM IN THE ISLAMIC TRADITION���������������������������������������������������������15 IV� JUS IN BELLO IN THE ISLAMIC TRADITION.............................................................20 INTRODUCTION To what extent are justifications of violence in Islamic law based on scriptural prescriptions and commands? The challenge of answering this question, in part, is the sheer breadth of the Islamic experience.
    [Show full text]
  • The Status of Rebels in Islamic Law Sadia Tabassum Sadiatabassum Is Lecturer in the Department of Law,International Islamic University,Islamabad
    Volume 93 Number 881 March 2011 Combatants, not bandits: the status of rebels in Islamic law Sadia Tabassum SadiaTabassum is Lecturer in the Department of Law,International Islamic University,Islamabad. She received her LLM in International Law from the same University. Abstract The Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce the sufferings of civilians and ordinary citizens during rebellion and civil wars. At the same time, Islamic law asserts that the territory under the de facto control of the rebels is de jure part of the parent state. It therefore answers the worries of those who fear that the grant of combatant status to rebels might give legitimacy to their struggle. The contemporary world faces many armed conflicts, most of which are deemed ‘internal’ – or ‘non-international’. This article attempts to identify some of the important problems in the international legal regime regulating these conflicts and to find solutions to these problems by taking the Islamic law of rebellion as our point of reference. Islamic international law – or Siyar – has been proven to deal with the issue of rebellion, civil wars, and internal conflicts in quite some detail. Every manual of fiqh (Islamic law) has a chapter on Siyar that contains a section on rebellion (khuruj/baghy);1 some manuals of fiqh even have separate chapters on rebellion.2 The Qur’an, the primary source of Islamic law, provides fundamental doi:10.1017/S1816383111000117 121 S.
    [Show full text]
  • The Crime of Rape and the Hanafi Doctrine of Siyasah
    Pakistan Journal of Criminology Volume 6, No.1, Jan-June 2014, pp.171 - 202 171 The Crime of Rape and The Hanafi Doctrine of Siyasah Muhammad Mushtaq Ahmad Abstract The issue of rape has remained one of the most contentious issues in the modern debate on Islamic criminal law. It is generally held that because of the strict criterion for proving this offence,injustice is done with the victim of rape. This essay examines this issue in detail and shows that the doctrine of siyasah [the authority of the government for administration of justice] in the Hanafi criminal law can make the law against sexual violence more effective without altering the law of hudud. The basic contention of this essay is that a proper understanding of the Hanafi criminal law, particularly the doctrine of siyasah, can give viable and effective solutions to this complicated issue of the Pakistani criminal justice system. It recommends that an offence of sexual violence is created which does not involve sexual intercourse as an essential element. That is the only way to delink this offence from zina and qadhf and bring it under the doctrine of siyasah. This offence will, thus, become sub-category of violence, not zina. The government may bring sex crimes involving the threat or use of violence under one heading and, then, further categorize it in view of the intensity and gravity of the crime. It may also prescribe proper punishments for various categories of the crime. Being a siyasah crime, it will not require the standard proof prescribed by Islamic law for the hadd offences.
    [Show full text]
  • Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought
    Studien zur Friedensethik Studies on Peace Ethics | Heydar Shadi [ed.] Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought Das Institut für Theologie und Frieden hat die Aufgabe, die ethischen Grundlagen menschlicher Friedensordnung zu erforschen und in den aktuellen friedenspolitischen Diskurs hineinzutragen. Mit den „Studien zur Friedensethik“ wird eine friedensethische Vertiefung der außen- und sicherheitspolitischen Debatte angestrebt. Dabei geht es letztlich um die Frage: Durch welche Politik wird den heute von Gewalt, Armut und Unfreiheit bedrohten Menschen am bes- ten geholfen und zugleich der Errichtung einer zukünftigen fried- lichen internationalen Ordnung gedient, in der Sicherheit, Wahrung der Gerechtigkeit und Achtung der Menschenrechte für alle gewährleistet werden? Studien zur Friedensethik Studies on Peace Ethics herausgegeben von Prof. Dr. Heinz-Gerhard Justenhoven Dr. Bernhard Koch Band 57 Heydar Shadi [ed.] Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought 2.Auflage Nomos Die Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the Internet at http://dnb.d-nb.de ISBN HB (Nomos) 978-3-8487-4050-5 ePDF (Nomos) 978-3-8452-8349-4 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN HB (Nomos) 978-3-8487-4050-5 ePDF (Nomos) 978-3-8452-8349-4 Library of Congress Cataloging-in-Publication Data Shadi, Heydar Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought Heydar Shadi (ed.) 263 p. Includes bibliographic references. ISBN HB (Nomos) 978-3-8487-4050-5 ePDF (Nomos) 978-3-8452-8349-4 ISBN 978-3-402-11704-0 (Aschendorff Verlag, Münster, Print) ISBN 978-3-402-11704-0 (Aschendorff Verlag, Münster, ePDF) Die Schriftenreihen ‚Beiträge zur Friedensethik‘ und ‚Theologie und Frieden‘ sind jeweils bis Band 44 beim Verlag W.
    [Show full text]
  • Transitional Justice Under Shari'ah
    Transitional Justice under Shari’ah Fahimeh Manjili Following the Arab Spring, the governments of Egypt and Tunisia implemented various transitional justice mechanisms, such as truth commissions, reparation programs and prosecutions, which sought to redress the mass human rights violations committed during the uprising. Islam is the predominant religion in both nations, with over seventy million followers in Egypt and close to ten million in Tunisia.1 Despite a plethora of research and guidance on transitional justice and post conflict reconstruction, scholars have largely ignored the issue in the context of Shari’ah. Understanding that Islam plays a pivotal role in law and politics in the Middle East, this paper will establish an Islamic legal basis for transitional justice by discussing prosecution, reparations and reconciliation measures under Shari’ah. This paper will place greater emphasis on the above measures because, “[t]he Prophet (peace-be-upon-him) said: If a relative of anyone is killed, or if he suffers khabl, which means a wound, he may choose one of three things: he may retaliate, or forgive, or receive compensation. But if he wishes a fourth, hold his hands.”2 In doing so, this paper will address the following issues: (1) What might the goals and objectives of an Islamic transitional justice institution? (2) What are the similarities and differences between the goals and objectives of an Islamic transitional justice institution and classical approaches to transitional justice? (3) What are the means and mechanisms, prescribed by Islam, through which states can achieve these objectives? 1 Top 50 Muslim Countries, RELIGION FACTS, http://www.religionfacts.com/islam/places/top_50.htm.
    [Show full text]