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

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$Connected Minds,Connected Cultures:\ Connected Minds$

IJCSL EDITORIAL POLICYApril 2006Dear ReaderCONTENT—IJCSL PUBLISHES ARTICLES ON A VARIETY OF TOPICS, seeking to provide avenue for an international readership to learn about and express opinions ondevelopments in law affecting civil society. These topics and the array of opinions onthem are complex and sometimes controversial. The opinions expressed do notnecessarily reflect the views of IJCSL or its editorial staff.STYLE—IJCSL PUBLISHES ARTICLES BY CONTRIBUTORS FROM AROUND THE WORLD.Therefore, IJCSL uses a flexible editorial policy regarding questions of style. Articlessubmitted by persons for whom the English language is native are edited based on theauthor's original syntax and spelling. Articles submitted by persons for whom theEnglish language is not native are edited according to American English style.Occasionally, IJCSL publishes articles in languages other than English. In thoseinstances, articles are published as submitted and IJCSL provides an English-languagesummary.QUESTIONS & COMMENTS—IJCSL WELCOMES READERS’ QUESTIONS & COMMENTSon items published in its pages. If you have a question or comment, please contactKarla W. Simon, Editor-in-ChiefMaureen McCarthy, Managing Editorsimon@cua.edu40mccarm@cua.eduIJCSL RETAINS FINAL EDITORIAL CONTROL of all aspects of publication and will sharecopyright with authors.We look forward to hearing from you.Thank you.PLEASE CITE AS4 INT. CIV. SOC. LAW at http://www.law.cua.edu/Students/Orgs/IJCSL6
ARTICLESTHE ROLE OF THE ISLAMIC WAQF IN STRENGTHENINGSOUTH ASIAN CIVIL SOCIETY: PAKISTAN AS CASE STUDYBY ANDREW WHITE *I. INTRODUCTIONCivil society -- basically the residual parts of society which fill the interstices between the Stateand the individual -- has rapidly become the faddish ‘hula hoop’ or ‘new black’ of contemporarypolitical philosophy. Much is being written and discussed by political theorists, lawyers, andgovernment policy wonks about the positive effects of a strong civil society. Benefits are toutedfor such wide-ranging priorities as democraticization and good governance, the rule of law,environmental regulation, gender equality, employment/labor rights, and poverty reduction.Although a strong civil society may not be quite the universal panacea for society’s ills that manyare seeking, it undeniably can be a powerful step in the direction of better government (moretransparency and less corruption), better wealth-distribution (greater poverty reduction), andbetter provision of public services both in place of and ancillary to services provided by the Stateto its citizens.Even more fashionable than debates centered on civil society, Islam and its various movementsand belief-systems also has arisen as an enthusiastic topic of not only theological but alsopolitical discourse, especially following the tragic events of September 11, 2001 in the UnitedStates. Motivated in no small part by the confusion and fear (perhaps bordering on paranoia)instilled in many of us in the ‘West’ by, among others, a new crop of cocktail party ‘Islamicists,’fundamentalist Christian evangelists, and the popular press, Islam generally is perceived as a darkcounterpart to all the presumed virtues of (especially Western-based) civil society. It is popularlytouted as a threat to principles of democracy and good-governance, a threat to individualfreedoms and rights (especially for women), and in many ways a threat to civil society and all ofits accomplishments.Fundamental to this juxtaposition of civil society and Islam as countervailing forces, eachfighting on the battlefield of developing nations, is not only the lack of clarity regarding theconcepts and institutions which comprise both civil society and Islam, generally, but also a lackof understanding regarding Islamic principles and institutions which historically have beenfundamental to Islam and its adherents. The central role of philanthropy and charity 1 in Islam, as* Andrew White is a sessional Lecturer in the Faculty of Law and a researcher in the Asian Law Centre atthe University of Melbourne in Australia, where he is completing LL.M. studies in Asian and Islamic lawand will commence a Ph.D. in July. He previously practiced law in the U.S. and Europe as principal in hisown law firm in North Carolina, as a senior attorney in a law firm in Germany, and as a partner in a majorinternational law firm based in Washington, D.C. The author would like to thank Prof. Mark Sidel of theUniversity of Iowa College of Law (Visiting Professor at University of Melbourne and Harvard University)for his insights and suggestions with regard to this article.1 In this paper, the term ‘philanthropy’ will be used to describe the realm of broad benevolence whichserves the public benefit, often through long-term institutional delivery of public services. ‘Charity’, on theother hand, is more narrowly defined as relief of an immediate need, such as aid to the homeless or victimsof a disaster. This will be particularly relevant in the context of zakāt and sadaqah. See, e.g., ZafarHameed Ismail and Quadeer Baig, ‘Philanthropy and Law in Pakistan’ in Mark Sidel and Iftekhar Zaman(eds), Philanthropy and Law in South Asia (2004) 245, 254. There is much confusion even in scholarly7
Page 1 and 2: INTERNATIONAL JOURNAL OF CIVIL SOCI
Page 3 and 4: Letter from the EditorDear Readers,
Page 5: TABLE OF CONTENTSIJCSL EDITORIAL BO
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 and 32: property is not a waqf property or
Page 33 and 34: VIII. REFERENCESA. Articles/BooksAh
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
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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
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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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