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Open Access Publications from the University of California

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JINEL's goal is to emphasize and critically analyze all legal issues—social, political, civil, historical, economic and commercial—that are of particular relevance to Muslims and Near Easterners in both Muslim and non-Muslim societies.

Journal of Islamic and Near Eastern Law

Articles

The End of Opposition: The AKP's Ten-Year War on Press Freedom in Turkey

In July of 2016 there was a coup attempt in Turkey. What followed can only be characterized as a ‘purge’ of certain sectors of society. Included, and arguably central to the post–coup reaction, has been an attack on free press in the country. This Article explains and argues why this post–coup attempt crackdown must not be viewed in isolation, but instead as a quasi-culmination of a ten-year war waged against the press by the ruling Justice and Development Party (AKP) in Turkey. The decline in press freedom indicators in the absence of any new restrictive legislation suggests that the AKP has intentionally and increasingly suppressed the press using laws predating this ten-year period. Thus, the recent press purge is less a one-off event than the continuation of a systematic suppression. Tangible results of this suppression’s effect on democracy become ever more apparent following the approval of the April 2017 constitutional amendments via referendum and Recep Tayyip Erdoğan’s reelection to the Presidency with new amendments in force.

Wilayat Al-Qadi and its Malpractice in Iran, Egypt, and Jordan

The people play a direct and important role in the Islamic theory of judicial power (Wilayat Al-Qadi). This role begins in participating in the appointment of a supreme judge. The people also ensure the independence and accountability of individual judges and the judiciary as an institution. This article argues that the judicial systems of Iran, Egypt, and Jordan abuse their powers. It offers an account of the malpractice of judicial power in these countries and recommends reforms to conform with Islamic principles.