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Islam, Human Rights and Universality City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 9-2016 Refractions Through the Secular: Islam, Human Rights and Universality Zara Khan The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1618 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] REFRACTIONS THROUGH THE SECULAR: ISLAM, HUMAN RIGHTS AND UNIVERSALITY by ZARA KHAN A dissertation submitted to the Graduate Faculty in Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2016 © 2016 ZARA KHAN All Rights Reserved ii Refractions Through the Secular: Islam, Human Rights and Universality by Zara Khan This manuscript has been read and accepted for the Graduate Faculty in Political Science in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. August 25, 2016 Susan Buck-Morss Date Chair of Examining Committee August 25, 2016 Alyson Cole Date Executive Officer Supervisory Committee: Susan Buck-Morss John Wallach Uday Singh-Mehta THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT Refractions Through the Secular: Islam, Human Rights and Universality by Zara Khan Advisor: Susan Buck-Morss Universal human rights (HR) are often theorized as philosophically neutral. Because they do not espouse any particular theory of the human being, it is argued, they can be reasonably appropriated by all. In this thesis, I explore HR’s universality claim, by focusing on the discourse’s secular foundation. In the universal human right to freedom of religion, I find a distinctly modern grammar of ‘religion,’ one that separates ‘religion’ from politics and power, law from morality, and the public and private realms. The modern concept of religion also espouses a secular theory of the human, insofar as the human is defined as morally autonomous and self-sovereign. To test my critique of human rights’ universality claims vis-à-vis their secularity, I survey a number of theoretical engagements with human rights discourse from contemporary Muslim scholars. Positions in this literature range from full endorsement of the philosophical and moral foundations of HR, to trenchant critiques of their secular bases. I propose the Qur’anic term din as a conceptual alternative to ‘religion’ for understanding the tremendous variation in contemporary Islamic political thought on human rights. The absence of consensus among reasoned Muslim arguments about human rights significantly challenges HR’s universality claims. iv Table of Contents Chapter 1: Introduction: The Rationality of Traditions………….……….……………….......1 Chapter 2: Human Rights in Historical Perspective and Today...……………………….......26 Chapter 3: Religion, the Secular and Din………………………………………………....…70 Chapter 4: Muslim Approaches to Human Rights I: Islam as ‘Religion’ in the Modern Sense…………………………………………………………………………...115 Chapter 5: Muslim Approaches to Human Rights II: Islam as Din………………………...162 Chapter 6: Conclusion: Universal Human Rights, Empire and the Postsecular Turn……………………………………………………………...……………..218 Bibliography……………………………………………………………………………………238 v Chapter 1: Introduction: The Rationality of Traditions In the late evening of June 12, 2016, a twenty-nine year old man opened fire in a gay nightclub in Orlando, Florida. After several hours of deadly violence and a police standoff, Omar Mateen left forty-nine people dead and fifty-three more injured. In a phone call to 911 in the immediate aftermath, the perpetrator pledged allegiance to ISIL. The FBI ruled the event an act of terrorism and a hate crime.1 While the country and the world reeled from the massacre and as communities came together to mourn, make sense and comfort one another, a number of formidable and familiar political tensions rose to the surface, albeit in novel combinations. Questions such as: Why do they [Muslims] hate us?; What resources can defeat homophobia?; Why aren’t there stricter gun control laws to prevent guns from getting into the hands of the likes of Mateen; How many more mass shootings?; Can immigration restrictions prevent Islamic extremism from attacking on American soil?; and how can we reaffirm that Islamophobia is not the answer? flooded news and social media, workplaces, schools, and faith and community groups. As vigils were held across the country, American responses to the Orlando shooting covered a wide political spectrum. Islamophobic presidential hopeful Donald Trump immediately issued a statement amounting to I told you so;2 his opportune rival Hillary Clinton, who changed her views on homosexuality only recently,3 issued a statement of support for 1 See Lizette Alvarez and Richard Perez-Pena, “Orlando Gunman Attacks Gay Nightclub, Leaving 50 Dead.” The New York Times, June 12, 2016. Avail: http://www.nytimes.com/2016/06/13/us/orlando-nightclub- shooting.html?_r=0. Accessed July 1, 2016. 2 Trump tweeted “What has happened in Orlando is just the beginning. Our leadership is weak and ineffective. I called it and asked for the ban. Must be tough”. Avail: https://twitter.com/realdonaldtrump/status/742096033207844864. Accessed July 1, 2016. 3 Clinton opposed gay marriage as late as 2013. See Conor Friedersford, “Hillary Clinton’s Gay-Marriage Problem.” The Atlantic, June 13, 2014. Avail: http://www.theatlantic.com/politics/archive/2014/06/hillary-clintons-gay- marriage-problem/372717/. Accessed July 1, 2016. 1 America’s LGBTQ community.4 A homophobic Baptist pastor bemoaned that Mateen ‘didn’t finish the job.’5 Many insisted that the principle problem is America’s gun violence writ large.6 Mosques and Muslim community groups issued statements of condolence, held vigils and conducted blood drives.7 LGBTQ communities came out against the scapegoating of Muslims, as the tragedy brought Muslim and LGBTQ communities together (many for the first time) to jointly denounce homophobia and Islamophobia.8 4 Clinton tweeted “You have millions of allies who will always have your back. I am one of them.” June 13, 2016. She subsequently tweeted, “Gay rights are human rights and human rights are gay rights. Being LGBT does not make you less human.” June 19, 2016. Avail: https://twitter.com/HillaryClinton. Accessed July 1, 2016. 5 Pastor Roger Jimenez of Verity Baptist Church in Sacramento, California said “I’m kind of upset he didn’t finish the job — because these people are predators,” Jimenez said. “Are you sad that 50 pedophiles were killed today? Um, no. I think that’s great. I think that helps society. I think Orlando, Fla., is a little safer tonight.” See Tobias Salinger, “Church whose pastor celebrated Orlando shooting to lose lease.” Daily News, June 21, 2016. Avail: http://www.nydailynews.com/news/national/church-pastor-celebrated-orlando-shooting-lose-lease-article- 1.2682475. Accessed July 1, 2016. 6 See “The state of gun violence in the US, explained in 18 charts.” Vox, February 22, 2016. Avail: https://youtu.be/bX4qUsgHa4Y. Accessed June 15, 2016. See also Zachary Crockett, “The Orlando massacre was one of 43 shootings yesterday.” Vox, June 13, 2016. Avail: http://www.vox.com/2016/6/13/11923290/orlando- shooting-gun-violence-us. Accessed July 1, 2016. 7 See Shanika Gunaratna, “Muslim Americans rush to condemn Orlando massacre.” CBS News, June 13, 2016. Avail: http://www.cbsnews.com/news/orlando-shooting-pulse-nightclub-muslims-condemn-attack/. Accessed June 30, 2016; Kristina Cooke and Idrees Ali, “Muslim leaders condemn Florida massacre, brace for backlash.” Reuters, June 13, 2016. Avail: http://www.reuters.com/article/us-florida-shooting-mosques-idUSKCN0YZ2K6. Accessed June 30, 2016; Carlos Lozano, “Several vigils are planned around Southern California for the Orlando shooting victims.” Los Angeles Times, June 12, 2016. Avail: http://www.latimes.com/local/lanow/la-me-ln-vigils- 20160612-snap-story.html. Accessed June 30, 2016; Sean Mooney, “Tucson mosque condemns shootings in Orlando.” KVOA, June 13, 2016. Avail: http://www.kvoa.com/story/32205011/tucson-mosque-condemns- shootings-in-orlando. Accessed June 30, 2016; Niraj Warikoo, “Metro Detroit Muslims strongly condemn Orlando shooting.” Detroit Free Press (USA Today), June 12, 2016. Avail: http://www.kvoa.com/story/32205011/tucson- mosque-condemns-shootings-in-orlando. Accessed June 30, 2016; Samantha Galvez, “Harrisburg mosque holds prayer vigil for Orlando victims.” WHTM-TV, June 13, 2016. Avail: http://abc27.com/2016/06/13/harrisburg- mosque-holds-prayer-vigil-for-orlando-victims/. Accessed June 30, 2016; Whitney Leaming, “Orlando Muslims turn to prayer after shooting puts community ‘on edge’.” The Washington Post, June 13, 2016. Avail: https://www.washingtonpost.com/video/national/orlando-muslims-turn-to-prayer-after-shooting-puts- community-on-edge/2016/06/13/9c1c8aec-3134-11e6-ab9d-1da2b0f24f93_video.html. Accessed June 30, 2016; and Paradis Afshar and Michael Seiden, “Muslim community condemns Orlando attack, calls for blood donations.” WPLG, June 13, 2016. Avail: http://www.local10.com/news/muslim-community-condemns-orlando-attack-calls- for-blood-donations. Accessed June 30, 2016. 8 See Geoffrey Vendeville, “Muslim and LGBTQ communities stand together against hatred and prejudice after Orlando shooting.” Toronto Star, June 26, 2016. Avail: https://www.thestar.com/news/gta/2016/06/26/muslim-
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