Summary Contested Universalities of International Law. Islam's struggle with modernity

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Summary - Contested Universalities of International Law. Islam's struggle with modernity

  • 1 Artikel van Ebrahim Afsah

  • Why historical models of Muslim international relations share the same shortfalls as other unilateral (eenzijdig) attempts by 'universal states' to regulate inter-groups relations.
  • Modern international law can be conceptualised as a functional response to the demise (overlijden) of the normative unity of the Church in the wake (nasleep) of the Reformation and the devastation (verwoesting) of the Thirty Years war.
  • Humiliating manner in which the Muslim world has brought into the existing system of international law in the context of colonialism...
    Damage to the Muslim acceptance.
  • 1.1 Welcome and introduction

  • Three common themes:
    -Legal and social reality
    -Practical tensions
    -Popular dissatisfaction
  • Legal norms contained in dogmatic texts, be they religious or constitutional in nature, often diverge substantially from the observed social reality
  • There is only one state model and the administrative capabilities of all states, that is their ability to deliver services, establish order, and carry out executive decisions, are very similar.
  • States that are unable to deliver adequate services to their citizens will have to deal with the effects of popular dissatisfaction that can take many forms including violent arrests.
  • Rather than looking at many different variables, individuals and groups can best be understood by focussing on a very small set of essential characteristics that determine how they think, feel and act.
  • According to the instructor, essentialism should be avoided, because it is: empirical not sustainable (duurzaam); analytically not helpful; normatively not defensible.
    All the answers
  • 1.2 Presenting the region

  • Islam is known for its huge expansion from the Hispanic Peninsula right up to present day Pakistan within 130 years.
    From 750 you have the Abbasid Caliphate that begins the Golden Age of Islam. The capital was moved to Baghdad, which was founded in 762. It comes to and end in 1258 when the Mongols destroy Baghdad. The Abbasid is forced to flee to Cairo and later a rival caliphate in Cordoba. The unity was broken. The Abbasid caliphate falls to the Ottoman in 1517. The caliph now become dependent on military soldiers, often slaves.
    The Arabic language as the Lingua Franca was an ideal, but doesn't work in practice.
  • Characteristics of the Golden Age of Islam?
    -great tolerance
    -great administrative efficiency
  • Islamic political thought has been struggling with developing a realistic theory of government that takes account of the division of spiritual and political authority.
  • Remember the diversities in the population
  • Which factor contributed to the rapid (military) expansion of Muslim rule?
    Accommodation of domestic customs
  • Bonn Agreement 2001
    "Reaffirming the independence, national sovereignty and territorial integrity of Afghanistan"
  • Which country has relatively weak government tradition: Egypt - Afghanistan - Turkey
  • What are the features of the traditional Arab social contract
    Authoritarian nature; psychological attachment to the ruler
  • Which of the following statements is correct
    Despite their common religion, Muslim nations differ significantly with regard to their ethnically, languages, confessions, culture and customs and their political and economic development.
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