Faisal Kutty | Valparaiso University (original) (raw)
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Papers by Faisal Kutty
Research Handbook on Islamic Law and Society
This chapter reviews the laws of apostasy and blasphemy in the Muslim world, by looking particula... more This chapter reviews the laws of apostasy and blasphemy in the Muslim world, by looking particularly at Pakistani and Malaysian cases. It strongly argues that the death penalty in the laws of apostasy and blasphemy is untenable in the modern period. The chapter demonstrates that these laws conflict with a variety of foundational teachings of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion and the freedom to express oneself.
The Islamic quarterly, 2006
The world has witnessed a phenomenal growth in commercial disputes transcending national borders,... more The world has witnessed a phenomenal growth in commercial disputes transcending national borders, due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion will continue to fuel conflicts and disagreements between commercial players. Over the last few decades, there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction, and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles of Shari c ah or Islamic law, a source (to varying degrees) of law in most nations in the Middle East. It is clear that the increase in international commercial transactions has contributed to the globalization of the legal community, but it is disturbing that the...
Contemporary observers of the human rights movement are fully cognizant of the fact that despite ... more Contemporary observers of the human rights movement are fully cognizant of the fact that despite all the advances in international rights protection, we are not even remotely close to achieving a tolerable standard of conduct by states during internal strife. The book, published as part of the Procedural Aspects of International Law Series, begins by defining and categorizing the various kinds of emergencies. The book, which evolved from a decade of research and a thesis at Oxford University on the problem of protecting human rights during states of emergency, then explores the detrimental effects of emergencies on human rights. Typical occurrences during such internal strife are inter alia disappearances, summary executions, blatant violations of due process, torture, extracted confessions, etc. The author examines and thoroughly analyses these effects under three subheadings: changes in the allocation of powers within the government; what she terms invasion of absolute rights; and...
Throughout history, adoption has held a contentious and ambiguous role in the social imagination ... more Throughout history, adoption has held a contentious and ambiguous role in the social imagination of many cultures. Adoption is a complex social, legal, and economic phenomenon that has existed in one form or another in most societies since ancient history. Religion has served to both advance and restrict adoption and similar childcare arrangements. Some religions have encouraged adoptions, others have initially been interpreted to restrict them, and yet others continue to restrict or advocate alternative arrangements. The belief that closed adoption, as practiced in the West, is the only acceptable form of permanent childcare is a significant obstacle to its acceptance among many Muslims. Adoption rights activists—and prospective adopters—have struggled to find ways around the difficulties this simple binary view causes for the millions of children around the world who could benefit from a loving home. With increasing numbers of abandoned and orphaned children and a growing number o...
Loyola of Los Angeles international and comparative law review, 2005
Research Handbook on Islamic Law and Society
This chapter reviews the laws of apostasy and blasphemy in the Muslim world, by looking particula... more This chapter reviews the laws of apostasy and blasphemy in the Muslim world, by looking particularly at Pakistani and Malaysian cases. It strongly argues that the death penalty in the laws of apostasy and blasphemy is untenable in the modern period. The chapter demonstrates that these laws conflict with a variety of foundational teachings of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion and the freedom to express oneself.
The Islamic quarterly, 2006
The world has witnessed a phenomenal growth in commercial disputes transcending national borders,... more The world has witnessed a phenomenal growth in commercial disputes transcending national borders, due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion will continue to fuel conflicts and disagreements between commercial players. Over the last few decades, there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction, and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles of Shari c ah or Islamic law, a source (to varying degrees) of law in most nations in the Middle East. It is clear that the increase in international commercial transactions has contributed to the globalization of the legal community, but it is disturbing that the...
Contemporary observers of the human rights movement are fully cognizant of the fact that despite ... more Contemporary observers of the human rights movement are fully cognizant of the fact that despite all the advances in international rights protection, we are not even remotely close to achieving a tolerable standard of conduct by states during internal strife. The book, published as part of the Procedural Aspects of International Law Series, begins by defining and categorizing the various kinds of emergencies. The book, which evolved from a decade of research and a thesis at Oxford University on the problem of protecting human rights during states of emergency, then explores the detrimental effects of emergencies on human rights. Typical occurrences during such internal strife are inter alia disappearances, summary executions, blatant violations of due process, torture, extracted confessions, etc. The author examines and thoroughly analyses these effects under three subheadings: changes in the allocation of powers within the government; what she terms invasion of absolute rights; and...
Throughout history, adoption has held a contentious and ambiguous role in the social imagination ... more Throughout history, adoption has held a contentious and ambiguous role in the social imagination of many cultures. Adoption is a complex social, legal, and economic phenomenon that has existed in one form or another in most societies since ancient history. Religion has served to both advance and restrict adoption and similar childcare arrangements. Some religions have encouraged adoptions, others have initially been interpreted to restrict them, and yet others continue to restrict or advocate alternative arrangements. The belief that closed adoption, as practiced in the West, is the only acceptable form of permanent childcare is a significant obstacle to its acceptance among many Muslims. Adoption rights activists—and prospective adopters—have struggled to find ways around the difficulties this simple binary view causes for the millions of children around the world who could benefit from a loving home. With increasing numbers of abandoned and orphaned children and a growing number o...
Loyola of Los Angeles international and comparative law review, 2005