Insights on Divine (Islamic) Law: Islamophobia versus Terrorism, Death Penalty, and Transitional Justice

CALUMET: Intercultural Law & Humanities Review (Law & Religion, ISSN 2465-0145 (Online)), 2016

Indiana University Robert H. McKinney School of Law Research Paper No. 2016-9

15 Pages Posted: 22 Feb 2016 Last revised: 4 Apr 2016

See all articles by Mohamed A. Arafa

Mohamed A. Arafa

Cornell University - Law School; Universidade de Brasília (UnB); Alexandria University - Faculty of Law; Indiana University Robert H. McKinney School of Law

Date Written: February 19, 2016

Abstract

The Islamic religious frontrunners contended that the attitude of Muslims is in contradiction of graven metaphors of any religious figure, including Moses, Jesus, the Prophet of Islam among others, but it is also one of the foremost basics of Islam not to commit violence or attacks, as these obsessive assassins were not retaliating the Prophet. These carnages and the accompanying discussion about anti-Islamic cartoons had elevated an elusive query of free speech among the U.S. Muslims, who may feel independently upset by such caricatures but also live in a culture where freedom of speech is an elementary legal right as they witnessed that the Prophet Mohammad had reacted to abuses and invective with forgiveness (clemency), tolerance, and prayer (mercy).

In a secure stable state, social awareness is a requirement to emerging a functional system and this awareness is encompassed of public knowledge of the law (legal literacy), efficacy of the law to access justice and build civil order (legal mobilization), and evolving the values, approaches, and behaviors towards law (legal socialization). These cornerstones are all lacking in the Middle East. So, it seems that the Middle East may need to back-track to move forward. Launching the very basics of modern society (social contract, elementary literacy, with education are quite indispensable chief footsteps. It is a blatant realism. Middle Eastern and Arab countries cannot build prosperous systems without having the productive soil of an educated community along with changing cultural traditions and paranoia, then and only then, can the process of maintainable development and improvement start and activate.

Keywords: Terrorism, Islamic Law, Death Penalty, Human Rights, Universal Agreements, Crimianl Law, Egypt

Suggested Citation

Arafa, Mohamed A., Insights on Divine (Islamic) Law: Islamophobia versus Terrorism, Death Penalty, and Transitional Justice (February 19, 2016). CALUMET: Intercultural Law & Humanities Review (Law & Religion, ISSN 2465-0145 (Online)), 2016; Indiana University Robert H. McKinney School of Law Research Paper No. 2016-9. Available at SSRN: https://ssrn.com/abstract=2735122

Mohamed A. Arafa (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Universidade de Brasília (UnB) ( email )

Campus Universitário Darcy Ribeiro
Asa Norte
Brasília, Distrito Federal 70910-900
Brazil

Alexandria University - Faculty of Law ( email )

Moustafa Mousharafa Street
Soter
Alexandria
Egypt

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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