A very generous review of the book in Commentary Magazine by Adam White. With the exception of the kindly words about Justice Holmes, I don’t disagree with anything in it!
And for something rather different (and speaking of Holmes), here’s a column from Reason (whose tagline is “Free Minds and Free Markets”) about tradition whose conclusion is that “We treasure the customs and practices passed down from our ancestors. And we change them anytime we want.” Judge Posner is quoted as saying, “How can tradition be a reason for anything?”
This past weekend, the United States intervened to rescue some 15,000 Shia Turkmen trapped in the northern Iraqi city of Amerli. ISIS, the Sunni Islamist group, had besieged the city for three months, and residents were without electricity and running low on food, water, and necessary medical supplies. So, on Saturday, American planes dropped more than 100 bundles of emergency supplies to the Turkmen. British, French, and Australian military aircraft also dropped supplies.
While this was going on, American planes struck ISIS positions outside the city. According to a Pentagon spokesman, the airstrikes were necessary to support the humanitarian assistance operation underway in Amerli, and to prevent ISIS militants from attacking civilians. The airstrikes caused ISIS to withdraw, which allowed Iraqi military units, as well as a Shia militia group, the Badr Organization, to retake Amerli. The participation of the Badr Organization is problematic, since the group is thought to be responsible for massacring Sunnis in the past.
Obviously, this is a very significant action by the United States. For a country that says it does not with to appear sectarian – this was the excuse Condoleezza Rice once gave for not doing more for Iraq’s Christians – the United States has now publicly allied itself with one of the three major factions in Iraq’s sectarian struggle, the Shia militias. This fact will not escape Iraq’s Sunnis. Perhaps it was a necessary step, given the threat of a massacre in Amerli. But it certainly will not seem neutral in the Iraqi context.
But I would like to focus on a different matter. The US has now intervened to rescue 40,000 Yazidi refugees on Mt. Sinjar, and 15,000 Turkmen refugees in Amerli, from the threat of genocide. Good. But genocide also threatens more than 100,000 Christian refugees, whom ISIS has forced from their homes with only the clothes on their backs. These refugees now live in appalling conditions in camps around the city of Erbil, in Iraqi Kurdistan. Christian NGOs, as well as the UN and the International Red Cross, are providing humanitarian assistance. So far, the US has not lifted a finger. As long it is sending help for the Yazidis and the Turkmen, it would be nice if the US did something for the Christians as well.
For readers in Washington: From September 9-11, an organization called “In Defense of Christians” will be hosting a major conference, the “IDC Summit 2014.” Participants include many church hierarchs from the Mideast, as well as members of Congress, prominent scholars, and other public figures:
The primary purpose of the Summit is to bring all members of the Diaspora together in a newfound sense of unity. Whether Orthodox or Catholic; Evangelical, Coptic or Maronite; Syriac, Lebanese, Chaldean or Assyrian – all Middle Eastern Christians will be called on to join together in solidarity.
This solidarity will strengthen advocacy efforts with policy makers and elected officials and make more palatable grassroots outreach to the American public. Thus united, Middle Eastern Christians will invite all people of good will to join the cause to defend the defenseless, to be a voice for those who are voiceless.
The survival of these historic Christian communities is not merely a moral imperative; it is in the interests of all nations and peoples of the West and the Middle East.
This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt. Intisar A. Rabb calls into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through a close examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam’s unique concept of doubt, which evolved from the seventh to the sixteenth century.