The question of tolerance and Islam is not a new one. Polemicists are
certain that Islam is not a tolerant religion. As evidence they point
to the rules governing the treatment of non-Muslim permanent residents
in Muslim lands, namely the dhimmi rules that are at the center of
this study. These rules, when read in isolation, are certainly
discriminatory in nature. They legitimate discriminatory treatment on
grounds of what could be said to be religious faith and religious
difference. The dhimmi rules are often invoked as proof-positive of
the inherent intolerance of the Islamic faith (and thereby of any
believing Muslim) toward the non-Muslim. This book addresses the
problem of the concept of 'tolerance' for understanding the
significance of the dhimmi rules that governed and regulated
non-Muslim permanent residents in Islamic lands. In doing so, it
suggests that the Islamic legal treatment of non-Muslims is
symptomatic of the more general challenge of governing a diverse
polity. Far from being constitutive of an Islamic ethos, the dhimmi
rules raise important thematic questions about Rule of Law,
governance, and how the pursuit of pluralism through the institutions
of law and governance is a messy business. As argued throughout this
book, an inescapable, and all-too-often painful, bottom line in the
pursuit of pluralism is that it requires impositions and limitations
on freedoms that are considered central and fundamental to an
individual's well-being, but which must be limited for some people in
some circumstances for reasons extending well beyond the claims of a
given individual. A comparison to recent cases from the United States,
United Kingdom, and the European Court of Human Rights reveals that
however different and distant premodern Islamic and modern democratic
societies may be in terms of time, space, and values, legal systems
face similar challenges when governing a populace in which minority
and majority groups diverge on the meaning and implication of values
deemed fundamental to a particular polity.
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Dhimmis and Others in the Empire of Law
Produktdetaljer
ISBN
9780191637742
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter