Volume IV, Issue II (April 2006) - Columbus School of Law

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$Connected Minds,Connected Cultures:\ Connected Minds$

ecently in a study of Islamic politics in Pakistan, Islam is important to political success in thatcountry. 182 Most Pakistani leaders use it to ‘appease and undermine their political adversaries,win over a predominantly illiterate, religious, and gullible population, and get money from oilrichMuslim countries (especially from the early 1970s).’ 183 Certainly, they do not want to pushthe envelope too far in confronting Islamic institutions such as the waqf.VI. CONCLUDING THOUGHTSJust as there is a vibrant and dynamic civil society today throughout the world, including Asia,Islamic civil society also continues to flourish. As Muslims look to traditions of zakāt andsadaqah in creating innovative institutions such as the privately-managed zakāt funds and localzakāt-funded development organizations, the waqf is a time-honored and proven institution thatalso is beginning to enjoy a rebirth. 184 Unlike other philanthropic and charitable institutions thatare subject to being modified or terminated -- or having their assets wasted or even expropriated-- as a result of disgruntled beneficiaries or greedy governments, the waqf is relatively protectedfrom these events by more than a millennium of Islamic law, jurisprudence and tradition.Even in countries such as Pakistan where civil society is constantly locked in a struggle not onlywith the state but also within its own ranks, the waqf -- while not immune from that struggle -- atleast has the best chance of survival. Unlike most other civil society organizations operating inthese countries, the waqf benefits from age-old traditions of individual Islamic philanthropy andcharity. And unlike most other civil society organizations, the waqf also benefits from being atradition within the second-largest (and fastest growing) religion in the world. When statesdominate and intervene in the administration and control of waqf properties, they are confrontinga powerful sociopolitical and economic force. Little research has been undertaken in comparingthe experiences of awqaf with other civil society organizations vis-à-vis dominant andinterventionist states such as Pakistan. In the post-9/11 world where many states (especiallyIslamic and predominantly-Islamic states) walk a fine line between authoritarian control andappeasement of Islamic groups, particularly those viewed as less radical, the role of the waqf as adynamic actor in civil society should make interesting study. And as Islamic movementscontinue to struggle to redefine Islam in a modern context, studying the role of awqaf as theymove from traditional charitable purposes to more activist roles within civil society, may becomeeven more imperative.182 Mir Zohair Husain, ‘The Politics of Islam in Pakistan’ in Saha and Carr, above n 181.183 Ibid 35.184 Bremer, above n 37, 5: ironically, the ‘process is proceeding more rapidly in non-Islamic democracies,such as the United States, than in Islamic countries.’32
VIII. REFERENCESA. Articles/BooksAhmed, Ishtiaq, ‘Civil Society and South Asia’, Daily Times (Pakistan), 25 August 2002, at 29 June 2005Alagappa, Mutiah, ‘The Nonstate Public Sphere in Asia’ in Mutiah Alagappa (ed), Civil Societyand Political Change in Asia (2004)‘Alī, Maulānā Muhammad, The Religion of Islām (1990)‘Alī, Maulānā Muhammad, A Manual of Hadīth (2 nd ed 2001)Azami, Muhammad Mustafa, Studies in Hadith Methodology and Literature (1977), quoted inMSA-USC, ‘Sunnah and Hadith’ at 12 July 2005Baig, Adnan Sattar Rabia, ‘Civil Society in Pakistan: A Preliminary Report on the CIVICUSIndex on Civil Society Project in Pakistan’ (2001) 1(11) CIVICUS Index on Civil SocietyOccasional Paper SeriesBarnes, John Robert, An Introduction to Religious Foundations in the Ottoman Empire (1987)[cited in Jennifer Bremer, ‘Islamic Philanthropy: Reviving Traditional Forms for Building SocialJustice’ (Paper presented at Fifth Annual Conference on ‘Defining and Establishing Justice inMuslim Societies,’ Center for the Study of Islam and Democracy, Washington DC, 28-29 May2004) 5 at 18 June 2005]Baron, Barnett F, ‘The Legal Framework for Civil Society in East and Southeast Asia’ (2002)4(4) The International Journal of Not-for-Profit Law < http://www.icnl.org/journal/vol4iss4/ar_baron1.htm> at 19 July 2005Bremer, Jennifer, ‘Islamic Philanthropy: Reviving Traditional Forms for Building Social Justice’(Paper presented at Fifth Annual Conference on ‘Defining and Establishing Justice in MuslimSocieties,’ Center for the Study of Islam and Democracy, Washington DC, 28-29 May 2004) at18 June 2005Carothers, Thomas, ‘Civil Society’ [Winter 1999-2000] Foreign Policy 18Casanova, Jose, ‘Civil Society and Religion: Retrospective Reflections on Catholicism andProspective Reflections on Islam’ [Winter 2001] 68(4) Social Research 1041 at 11 July 2005Diamond, Larry, ‘Toward Democratic Consolidation’ in Larry Diamond and Mark F. Plattner(eds), The Global Resurgence of Democracy (1996)--- ‘Dubai eGovernment joins hands with Zakat Fund’, AME Info FZ LLC (United ArabEmirates), 21 March 2005, < http://www.ameinfo.com/56214.html> at 12 July 200533
Page 1 and 2: INTERNATIONAL JOURNAL OF CIVIL SOCI
Page 3 and 4: Letter from the EditorDear Readers,
Page 5 and 6: TABLE OF CONTENTSIJCSL EDITORIAL BO
Page 7 and 8: ARTICLESTHE ROLE OF THE ISLAMIC WAQ
Page 9 and 10: ‘a bewildering array of the good,
Page 11 and 12: [a]lthough civil society organizati
Page 13 and 14: to integrate economic development a
Page 15 and 16: duty.’ 55 In contrast to zakāt,
Page 17 and 18: of such venerable educational insti
Page 19 and 20: avoiding the appearance of impiety,
Page 21 and 22: …’ 101 Throughout the Islamic w
Page 23 and 24: partisan judiciary, a vigilant pres
Page 25 and 26: number of awqaf for myriad public p
Page 27 and 28: made over to the plundering hands o
Page 29 and 30: prescribed by law. 159 Like the 192
Page 31: property is not a waqf property or
Page 35 and 36: Meidinger, Errol E, ‘Environmenta
Page 37 and 38: STUDENT ARTICLESINTERNATIONAL INSTR
Page 39 and 40: interest for the Balkan, minorities
Page 41 and 42: dimension is emphasized with Articl
Page 43 and 44: The Copenhagen document deals with
Page 45 and 46: Historically, the 1946 Constitution
Page 47 and 48: service, or sometimes 239 special f
Page 49 and 50: This position by the Greek governme
Page 51 and 52: a member of the civil state, entitl
Page 53 and 54: Civilization" with headquarters in
Page 55 and 56: term "vinozhito"(rainbow) could pos
Page 57 and 58: declare the party as unconstitution
Page 59 and 60: The cases analyzed below, exemplify
Page 61 and 62: ECHR, and based upon this analysis,
Page 63 and 64: Jabuka in particular, recognized as
Page 65 and 66: the minority still face problems in
Page 67 and 68: BibliographyBooks:BLACK’S LAW DIC
Page 69 and 70: Vlassis Vlassidis, Veniamin Karakos
Page 71 and 72: THE DIFFERING TAX TREATMENT OF INVE
Page 73 and 74: …any person who, for compensation
Page 75 and 76: the assets under management. 437 Th
Page 77 and 78: As a preliminary matter, a taxpayer
Page 79 and 80: Commissioner further summarized the
Page 81 and 82: number of itemized returns. These t
Page 83 and 84:
fiduciary duty implications applica
Page 85 and 86:
operate as a fraud or deceit upon t
Page 87 and 88:
Policy ConsiderationsIn light of th
Page 89 and 90:
more advantageous to address altern
Page 91 and 92:
STUDENT NOTESBUILDING CONSUMER CAPA
Page 93 and 94:
CASE NOTESC A N A D I A N S U P R E
Page 95 and 96:
minimum constitutional protection t
Page 97 and 98:
objective of ensuring safety in sch
Page 99 and 100:
Turning to its impact on courts and
Page 101:
tribunals to ensure that an appropr
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Volume IV, Issue II (April 2006) - Columbus School of Law

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