Papers by Khaled M Abou-Elyousr
The interrelation between Sharia law, Somali customary law and the formal justice system of Somal... more The interrelation between Sharia law, Somali customary law and the formal justice system of Somalia has been formally traced out in a distinct manner. While there are formal legal codes that should be used by the judges, too often their verdicts are based on beliefs and assumptions that find their roots in Sharia Law and Somali Customary Law (Xeer). After more than a decade of state collapse, three different justice systems can be identified in Somalia.
What does Islam say about rape and sexual violence?
What is the law and the punishment for commit... more What does Islam say about rape and sexual violence?
What is the law and the punishment for committing rape and sexual violence?
Rape and sexual violence is completely forbidden in Islam, and is a crime punishable by death. In Islam, capital punishment is reserved for the most extreme crimes which harm individual victims or destabilize society. Rape falls into both of these categories.
Somalis tend to support their local leaders more than their national leaders, indicating that in ... more Somalis tend to support their local leaders more than their national leaders, indicating that in the future, they would benefit by having leaders that meet their specific regional/ethnic needs.
The Arabic word Jihad literally means "holy struggle". It is not holy war. War is war. No war can... more The Arabic word Jihad literally means "holy struggle". It is not holy war. War is war. No war can be holy. The blood of humans is holy and sacred. The Quran says unjust killing of one man means the killing of the whole mankind.
The importance of understanding the political aspects of Islam and the ultimate goals of Islam it... more The importance of understanding the political aspects of Islam and the ultimate goals of Islam itself will enable researchers and the international community to address critical issues of political challenges (e.g. extremists’ ideologies, peace and social equity), furthermore suggest opportunities for advancing peace and reconciliation by different means behind military intervention.
“Civil society” is a term that became popularized at the end of the Cold War to describe what ap... more “Civil society” is a term that became popularized at the end of the Cold War to describe what appeared to have been missing in state-dominated societies, broad societal participation in and concern for governance, but not necessarily government. Civil society is thought to be the necessary ingredient for democratic governance to arise. NGOs are one part of civil society.
While it is often argued that NGOs are the voice of the people, representing grassroots democracy, a counter argument is made that NGOs have tended to reinforce, rather than counter, existing power structures, having members and headquarters that are primarily in the rich northern countries. Some also believe that NGO decision-making does not provide for responsible, democratic representation or accountability.
NGOs themselves can be local, national, or international. Sometimes international NGOs are referred to as INGOs. Historically, most NGOs accredited to the UN Economic and Social Council have been international, but contrary to the popular wisdom, even the first group of NGOs accredited to ECOSOC in the 1940s included some national NGOs.
It is remarkable that states can coexist without a central government or legislature and that, ge... more It is remarkable that states can coexist without a central government or legislature and that, generally speaking, they accept a body of law providing the legal criteria for conduct in the international arena. This law comes from custom and from treaties. As is the case in Britain, where law, which has developed over time, is based on custom, in the international sphere the customary rules of international society are the basis on which states operate. In addition, there is a growing number of treaties regulating all kinds of subjects. This codification process is a rather recent development, which began after World War II. While customary law is binding for all the states, treaties are only binding for the signatories.
Is this really law? The central characteristic of law –the binding—is fulfilled by international law. This has to be distinguished from the observance and enforcement of international law. States accept that international law binds them; they do not argue about this fact and if they dispute a certain law, they argue only about the interpretation of its content. States occasionally do not observe international law when it is not in their interest, although they know that they are legally obliged to obey it. Only when rules are accepted can they be broken.
International law is essentially a law between States, and this remains true in spite of the appe... more International law is essentially a law between States, and this remains true in spite of the appearance of various international organizations. Several areas of international law are evidently significant to international organizations. The rules of public international law are needed for specific problems of international organizations which cannot be answered by the internal law of organization alone. The two main inter-related issues arise in international law concerning international organizations are: which corporate bodies operating in the international sphere may be regarded as public international organizations; and which such bodies have international legal personality, i.e. the capacity to exercise rights and assume obligations under international law. There is no universally accepted definition of an international organization. And the possibility of making such a definition depends on the context concerned. Most studies on international organizations are limited to intergovernmental organizations, but even after such limitation, definitions vary.
To present a study about the United Nations (UN) role in the New World Order is difficult, giving... more To present a study about the United Nations (UN) role in the New World Order is difficult, giving that the Organization is in the process of redefining its role, and that the international system is still dealing with the consequences of some dramatic structural transformations. Yet it is necessary to identify the new UN role within the prevailing international system. The international organization always has reflected, and continues
to reflect, the realities of the international political order. Understanding the new form of the UN role requires an analysis of what the New World Order characteristics are.
However, the fact remains that at this point in time the international system still transforming and evolving, and the consequences of such depend on the unfolding of conflicting trends.
In the clash between old and new ideas, new ideas rise over and make us reassemble our present fo... more In the clash between old and new ideas, new ideas rise over and make us reassemble our present formulas. We live by stereotypes, as Walter Lippman has observed, no wonder then that any disturbance of the stereotypes seems like an attack upon the foundations of the universe. It is already quite a struggle for anyone to persuade himself to accept new ideas. But the ordeal has only begun, he must next go on to persuade others. This is an even fiercer struggle, especially in the realm of statecraft. Authority, custom, and fear, these are the powerful and perennial enemies of novelty in political thoughts. Machiavelli summed up the situation;
The reason is that all those who profit from the old order will be opposed to the innovator, whereas all those who might benefit from the new order are, at best, tepid supporters of him. This lukewarmness arises partly from fear of their adversaries, who have the laws in their side, partly from the sceptical temper of men, who do not really believe in new things unless they have been seen to work well.
The traditional difficulty in Arabian politics as Fred McGraw Donner says, was not so much in bui... more The traditional difficulty in Arabian politics as Fred McGraw Donner says, was not so much in building up a powerful coalition (although that was itself no easy task), but in maintaining it. Mohammed’s death created a great vacuum which was almost impossible to fill. He was not only the head of the state but also a Prophet, a lawgiver, a spiritual guide and a man with a supreme vision. It was difficult to replace him in these respects. However, the immediate problem for his followers was who should succeed him as the head of the Islamic state, and what procedure should be adopted to choose his successor. There was no precedent, as there had been no state previously. It is clear that before the Prophet was buried, some people were seized with the ambition of succeeding Mohammed as head of the Muslim community and state.
In the first three or four years of Muhammad’s Prophetic mission, his followers were not numerous... more In the first three or four years of Muhammad’s Prophetic mission, his followers were not numerous; they amounted to nearly forty believers. Only the ordinary people were sympathetic, the rich merchants were hesitant. Yet even they were not completely opposing him, they saw the danger that through his contact with a supernatural source he would gain authority and a wide public support if he became politically minded. He might even be able to revive the unity against Makhzum and its associated clans. Also, there was a threat – not an immediate one, but a future one – to the political power and influence of the rich merchants in Muhammad serious claim to receive revelations from God. Deep in the Arab heart was the feeling that the best man to rule a tribe or clan was the man who was outstanding in wisdom, prudence and judgment. If they accepted Muhammad’s claim, would they not also have to admit in the long run that he was the man best suited to direct all the affairs of Mecca?
The traditional society is the starting point for the changes that concern this study. We cannot ... more The traditional society is the starting point for the changes that concern this study. We cannot recognize what is new in a situation today unless we know what the situation was yesterday; we can not appreciate increases or decreases, as in party strength or political activities, unless we can measure them from some baseline. Similarly, we cannot hope to understand how politics changes under the impact of modernization unless we have some understanding of politics before there was any modernization. The fact is that an institution can be operated only by men; personalities figure prominently in Islamic history as in the history of non-Islamic world. Charged with the application and execution of the idea or ideas embodied in the institution of the ummah, men were both shaped and guided by the institution itself and also, perhaps more importantly, themselves shaped and guided the institution. Hence, the importance of personality in the development of Islamic history and the development of Islamic institutions cannot be neglected.
Teaching Documents by Khaled M Abou-Elyousr
During my work with Justice and Law Enforcement Actors in Somalia, many questions were raised abo... more During my work with Justice and Law Enforcement Actors in Somalia, many questions were raised about the criminal proceedings and court jurisdiction, namely where the appearance at court should be, at the place of residence of a suspect or at the place where the criminal act happened. Additional question was as well which court would be then responsible to combine several open cases throughout one or different federal states in one trial. So I drafted this simple “Guide to Courts’ Jurisdiction in Somalia”, as a tool for training Judges, Prosecutors and Lawyers.
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Papers by Khaled M Abou-Elyousr
What is the law and the punishment for committing rape and sexual violence?
Rape and sexual violence is completely forbidden in Islam, and is a crime punishable by death. In Islam, capital punishment is reserved for the most extreme crimes which harm individual victims or destabilize society. Rape falls into both of these categories.
While it is often argued that NGOs are the voice of the people, representing grassroots democracy, a counter argument is made that NGOs have tended to reinforce, rather than counter, existing power structures, having members and headquarters that are primarily in the rich northern countries. Some also believe that NGO decision-making does not provide for responsible, democratic representation or accountability.
NGOs themselves can be local, national, or international. Sometimes international NGOs are referred to as INGOs. Historically, most NGOs accredited to the UN Economic and Social Council have been international, but contrary to the popular wisdom, even the first group of NGOs accredited to ECOSOC in the 1940s included some national NGOs.
Is this really law? The central characteristic of law –the binding—is fulfilled by international law. This has to be distinguished from the observance and enforcement of international law. States accept that international law binds them; they do not argue about this fact and if they dispute a certain law, they argue only about the interpretation of its content. States occasionally do not observe international law when it is not in their interest, although they know that they are legally obliged to obey it. Only when rules are accepted can they be broken.
to reflect, the realities of the international political order. Understanding the new form of the UN role requires an analysis of what the New World Order characteristics are.
However, the fact remains that at this point in time the international system still transforming and evolving, and the consequences of such depend on the unfolding of conflicting trends.
The reason is that all those who profit from the old order will be opposed to the innovator, whereas all those who might benefit from the new order are, at best, tepid supporters of him. This lukewarmness arises partly from fear of their adversaries, who have the laws in their side, partly from the sceptical temper of men, who do not really believe in new things unless they have been seen to work well.
Teaching Documents by Khaled M Abou-Elyousr
What is the law and the punishment for committing rape and sexual violence?
Rape and sexual violence is completely forbidden in Islam, and is a crime punishable by death. In Islam, capital punishment is reserved for the most extreme crimes which harm individual victims or destabilize society. Rape falls into both of these categories.
While it is often argued that NGOs are the voice of the people, representing grassroots democracy, a counter argument is made that NGOs have tended to reinforce, rather than counter, existing power structures, having members and headquarters that are primarily in the rich northern countries. Some also believe that NGO decision-making does not provide for responsible, democratic representation or accountability.
NGOs themselves can be local, national, or international. Sometimes international NGOs are referred to as INGOs. Historically, most NGOs accredited to the UN Economic and Social Council have been international, but contrary to the popular wisdom, even the first group of NGOs accredited to ECOSOC in the 1940s included some national NGOs.
Is this really law? The central characteristic of law –the binding—is fulfilled by international law. This has to be distinguished from the observance and enforcement of international law. States accept that international law binds them; they do not argue about this fact and if they dispute a certain law, they argue only about the interpretation of its content. States occasionally do not observe international law when it is not in their interest, although they know that they are legally obliged to obey it. Only when rules are accepted can they be broken.
to reflect, the realities of the international political order. Understanding the new form of the UN role requires an analysis of what the New World Order characteristics are.
However, the fact remains that at this point in time the international system still transforming and evolving, and the consequences of such depend on the unfolding of conflicting trends.
The reason is that all those who profit from the old order will be opposed to the innovator, whereas all those who might benefit from the new order are, at best, tepid supporters of him. This lukewarmness arises partly from fear of their adversaries, who have the laws in their side, partly from the sceptical temper of men, who do not really believe in new things unless they have been seen to work well.