Preface Xi
Acknowledgments Xvii
1 Comparisons of Rights Across Cultures: Background Issues = 1
Why Comparative Analyses Engender Controversies, = 4
Cultural Relativism, = 9
Muslim Responses to and Involvement in The Un Human Rights System, = 11
Summary, = 25
2 Human Rights in International Law and Legal Systems in Muslim Countries: Sources and Contexts = 27
International Human Rights: Sources, = 27
Islamic Human Rights: Sources, = 28
Controversies over Islam and Human Rights, = 33
The Impact on Rights of Islamization Programs in Iran, Pakistan, and The Sudan, = 36
The Taliban Takeover of Afghanistan and Its Aftermath, = 44
Saudi Arabia Confronts Pressures for Reforms and Liberalization, = 45
Summary, = 46
3 Islamic Tradition and Muslim Reactions to Human Rights = 47
The Contribution of Western Civilization, = 47
The Role of The United Nations, = 48
The Role of Islamic Law, = 49
The Premodern Islamic Heritage, = 51
Muslim Reactions to Western Constitutionalism, = 55
Muslim Ambivalence on Rights, = 56
The Persistence of Traditional Priorities and Values, = 60
Consequences of Insecure Philosophical Foundations, = 67
Islamic Human Rights and Cultural Nationalism, = 70
Summary, = 75
4 Islamic Restrictions on Human Rights = 77
Permissible Qualifications of Rights and Freedoms, = 77
Islamic Formulas Limiting Rights, = 80
Restrictions in The Iranian Constitution, = 81
Restrictions in The Uidhr, = 89
Restrictions in Other Islamic Human Rights Schemes, = 91
Islam and Human Rights in The New Constitutions of Afghanistan and Iraq, = 94
Summary, = 97
5 Discrimination Against Women and Non-muslims = 99
Equality in The Islamic Legal Tradition, = 99
Equality in Islamic Human Rights Schemes, = 101
Equal Protection in Us and International Law, = 104
Equal Protection in Islamic Human Rights Schemes, = 105
Equality in The New Afghan and Iraqi Constitutions, = 111
Summary, = 112
6 Restrictions on The Rights and Freedoms of Women = 113
Islamic Law and Women's Rights, = 113
Muslim Countries' Reactions to The Women's Convention, = 118
Tabandeh's Ideas, = 119
Mawdudi's Ideas, = 120
The Uidhr, = 122
Islamization in Iran and The Iranian Constitution, = 129
The Sudan Under Islamization, = 135
The Azhar Draft Constitution, = 136
The Cairo Declaration and The Saudi Basic Law, = 138
Women's Rights in Pakistan, = 140
The New Afghan and Iraqi Constitutions, = 141
Summary of Islamic Approaches, = 143
The Influence of Sex Stereotyping, = 143
7 Islamic Human Rights Schemes and Religious Minorities = 147
The Treatment of Religious Minorities in Muslim Countries, = 147
International Standards Prohibiting Religious Discrimination, = 150
Shari ' a Law and The Rights of Non-muslims, = 151
Tabandeh's Ideas, = 154
The Uidhr, = 156
The Iranian Constitution, = 157
Mawdudi and Pakistan's Ahmadi Minority, = 161
The Cairo Declaration, The Saudi Basic Law, and The Azhar Draft Constitution, = 163
Us Policies on Religious Minorities and Developments in Afghanistan and Iraq, = 164
Summary, = 165
8 Freedom of Religion in Islamic Human Rights Schemes = 167
Controversies Regarding The Shari ' a Rule on Apostasy, = 167
Muslim Countries Confront Freedom of Religion, = 168
The Contemporary Significance of Apostasy, = 169
Tabandeh's Ideas, = 176
The Uidhr, = 178
The Azhar Draft Constitution, = 180
The Iranian Constitution, = 181
The Sudan Under Islamization, = 185
Mawdudi and Pakistani Law Affecting Religious Freedom, = 187
The Cairo Declaration and The Saudi Basic Law, = 189
The Afghan and Iraqi Constitutions, = 190
Us Interventions in The Domain of Religious Freedom, = 191
Summary, = 192
9 An Assessment of Islamic Human Rights Schemes = 193
The Significance of Islamic Human Rights Schemes, = 193
Ambivalence in Islamic Human Rights Schemes, = 197
Human Rights Concerns in The Middle East, = 199
Summary, = 202
Appendix A: Excerpts from The Iranian Constitution = 205
Appendix B: The Cairo Declaration on Human Rights in Islam = 217
Glossary = 225
Bibliography = 229
Notes = 239
Index = 279
Acknowledgments Xvii
1 Comparisons of Rights Across Cultures: Background Issues = 1
Why Comparative Analyses Engender Controversies, = 4
Cultural Relativism, = 9
Muslim Responses to and Involvement in The Un Human Rights System, = 11
Summary, = 25
2 Human Rights in International Law and Legal Systems in Muslim Countries: Sources and Contexts = 27
International Human Rights: Sources, = 27
Islamic Human Rights: Sources, = 28
Controversies over Islam and Human Rights, = 33
The Impact on Rights of Islamization Programs in Iran, Pakistan, and The Sudan, = 36
The Taliban Takeover of Afghanistan and Its Aftermath, = 44
Saudi Arabia Confronts Pressures for Reforms and Liberalization, = 45
Summary, = 46
3 Islamic Tradition and Muslim Reactions to Human Rights = 47
The Contribution of Western Civilization, = 47
The Role of The United Nations, = 48
The Role of Islamic Law, = 49
The Premodern Islamic Heritage, = 51
Muslim Reactions to Western Constitutionalism, = 55
Muslim Ambivalence on Rights, = 56
The Persistence of Traditional Priorities and Values, = 60
Consequences of Insecure Philosophical Foundations, = 67
Islamic Human Rights and Cultural Nationalism, = 70
Summary, = 75
4 Islamic Restrictions on Human Rights = 77
Permissible Qualifications of Rights and Freedoms, = 77
Islamic Formulas Limiting Rights, = 80
Restrictions in The Iranian Constitution, = 81
Restrictions in The Uidhr, = 89
Restrictions in Other Islamic Human Rights Schemes, = 91
Islam and Human Rights in The New Constitutions of Afghanistan and Iraq, = 94
Summary, = 97
5 Discrimination Against Women and Non-muslims = 99
Equality in The Islamic Legal Tradition, = 99
Equality in Islamic Human Rights Schemes, = 101
Equal Protection in Us and International Law, = 104
Equal Protection in Islamic Human Rights Schemes, = 105
Equality in The New Afghan and Iraqi Constitutions, = 111
Summary, = 112
6 Restrictions on The Rights and Freedoms of Women = 113
Islamic Law and Women's Rights, = 113
Muslim Countries' Reactions to The Women's Convention, = 118
Tabandeh's Ideas, = 119
Mawdudi's Ideas, = 120
The Uidhr, = 122
Islamization in Iran and The Iranian Constitution, = 129
The Sudan Under Islamization, = 135
The Azhar Draft Constitution, = 136
The Cairo Declaration and The Saudi Basic Law, = 138
Women's Rights in Pakistan, = 140
The New Afghan and Iraqi Constitutions, = 141
Summary of Islamic Approaches, = 143
The Influence of Sex Stereotyping, = 143
7 Islamic Human Rights Schemes and Religious Minorities = 147
The Treatment of Religious Minorities in Muslim Countries, = 147
International Standards Prohibiting Religious Discrimination, = 150
Shari ' a Law and The Rights of Non-muslims, = 151
Tabandeh's Ideas, = 154
The Uidhr, = 156
The Iranian Constitution, = 157
Mawdudi and Pakistan's Ahmadi Minority, = 161
The Cairo Declaration, The Saudi Basic Law, and The Azhar Draft Constitution, = 163
Us Policies on Religious Minorities and Developments in Afghanistan and Iraq, = 164
Summary, = 165
8 Freedom of Religion in Islamic Human Rights Schemes = 167
Controversies Regarding The Shari ' a Rule on Apostasy, = 167
Muslim Countries Confront Freedom of Religion, = 168
The Contemporary Significance of Apostasy, = 169
Tabandeh's Ideas, = 176
The Uidhr, = 178
The Azhar Draft Constitution, = 180
The Iranian Constitution, = 181
The Sudan Under Islamization, = 185
Mawdudi and Pakistani Law Affecting Religious Freedom, = 187
The Cairo Declaration and The Saudi Basic Law, = 189
The Afghan and Iraqi Constitutions, = 190
Us Interventions in The Domain of Religious Freedom, = 191
Summary, = 192
9 An Assessment of Islamic Human Rights Schemes = 193
The Significance of Islamic Human Rights Schemes, = 193
Ambivalence in Islamic Human Rights Schemes, = 197
Human Rights Concerns in The Middle East, = 199
Summary, = 202
Appendix A: Excerpts from The Iranian Constitution = 205
Appendix B: The Cairo Declaration on Human Rights in Islam = 217
Glossary = 225
Bibliography = 229
Notes = 239
Index = 279