Âdamiyyah and ‘Ismah Sociology of Rights

May 19th, 2015
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The age of Descartes was characterized by puzzlement with human existence: How can we rationally prove that we really exist? In response he postulated, I think therefore I am.

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damiyyah and Ismah Sociology of Rights: Human Rights in Islam between Communal and Universal Perspectives Inviolability of the Other in Islam Recep Senturk CONTENTS Introduction1I. Human and Human Rights in Islam: A Contested Relationship10a. The Universalistic View: Basic rights are accorded by virtue of being a human11b. The Communal View: Basic rights are accorded by virtue of Islamic faith or a treaty16c. Eclectic Thinkers and Reconciliation between the Two Paradigms19II. The Genealogy of the Human19The Genesis of Human in the West20The Genesis of the Human in Islam25III. The Practical Implications of the Contest between Universal and Communal Doctrines31IV. Why did Jurists Differ on the Universality of Rights?36The Ulama and the State36Two Root Paradigms in Islamic Jurisprudence40V. Sanctity as the Foundation of Universal Law and World Order49VI. Muslims and Modern Human Rights56The 19th Century Ottoman Reforms: from Divan to Parliament60Constitutional Movements during the Ottoman Period63Human Rights Dependency67VII. What is Sociology of Rights For?71Conclusion: I am therefore I have Rights78Selected Bibliography82TABLE OF CONTENTS I. Preliminary Remarks on the Interpretive Framework33II. The Genealogy of the Human99The Genesis of Human in the West1010The Genesis of the Human in Islam1515III. The Human and Human Rights in Islam: The Contested Relationship2121a. The Universalistic View: The

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