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Acknowledgements vii
Introduction 1
Governance and law in Islam: a Western view 3
The political theory 7
Islam and polity 7
Sovereignty 12
Constitution 14
Form of government 16
Organs and functions of the state 17
Consultation and legislature 18
The chief executive 21
The authority of the state 23
The notion of democratic participation 28
Political principles 29
The modernists and democracy 41
The Muslim Brotherhood 58
The liberals 72
Concluding remarks 91
Democratic values in some basic Islamic legal ideas 93
Human relations: respect and compassion 93
Property: trusteeship and charitable trust 98
Ethical scope: universal and communal 100
Human life: privacy and human dignity 102
Work: labour and industrial relations 104
Economics: free market and commercial integrity 106
Gender: the status and rights of women 111
Contribution to European law and philosophy 129
Islamic philosophy and Law 129
Human reason and the revealed law 133
The link between civilisations 136
The spirit of science and modernity 143
The philosophy of liberty 150
Muslim thought and the age of reason 155
Concluding remarks 163
Islamic International Law 165
The nature of Islamic International Law 165
Constituents of Islamic International Law 176
The jihad: notion and qualification 176
The attitude of Islamic Law towards war 181
The value of Islamic Law to international relations 189
Historical reality in the light of the declared principles 192
Religion and the origins of violence and terrorism today 199
The resurgence of religion in public life 199
Misguided attempts to apply religious ethics 204
The nature of secularity - an open market 205
Conclusion 210
Notes 211
Bibliography 243
Index 256
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