Criminal Law and the Rights of the Child in Muslim States

Criminal Law and the Rights of the Child in Muslim States
Author: Nisrine Abiad,Farkhanda Zia Mansoor
Publsiher: BIICL
Total Pages: 404
Release: 2010
ISBN: 9781905221455
Category: Law
Language: EN, FR, DE, ES & NL

Criminal Law and the Rights of the Child in Muslim States Book Excerpt:

By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.

A Bibliography of Islamic Criminal Law

A Bibliography of Islamic Criminal Law
Author: Olaf Köndgen
Publsiher: BRILL
Total Pages: 468
Release: 2021-12-06
ISBN: 9004472789
Category: Law
Language: EN, FR, DE, ES & NL

A Bibliography of Islamic Criminal Law Book Excerpt:

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

Crime and Punishment in Islamic Law

Crime and Punishment in Islamic Law
Author: Rudolph Peters,Professor of Islamic Studies Rudolph Peters
Publsiher: Cambridge University Press
Total Pages: 219
Release: 2005
ISBN: 9780521792264
Category: History
Language: EN, FR, DE, ES & NL

Crime and Punishment in Islamic Law Book Excerpt:

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

Sharia Muslim States and International Human Rights Treaty Obligations

Sharia  Muslim States and International Human Rights Treaty Obligations
Author: Nisrine Abiad
Publsiher: BIICL
Total Pages: 240
Release: 2008
ISBN: 9781905221417
Category: Law
Language: EN, FR, DE, ES & NL

Sharia Muslim States and International Human Rights Treaty Obligations Book Excerpt:

This research â?? undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties â?? measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Religious Legal Traditions International Human Rights Law and Muslim States

Religious Legal Traditions  International Human Rights Law and Muslim States
Author: Kamran Hashemi
Publsiher: BRILL
Total Pages: 305
Release: 2008
ISBN: 900416555X
Category: Law
Language: EN, FR, DE, ES & NL

Religious Legal Traditions International Human Rights Law and Muslim States Book Excerpt:

This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.

The Organization of Islamic Cooperation and Human Rights

The Organization of Islamic Cooperation and Human Rights
Author: Marie Juul Petersen,Turan Kayaoglu
Publsiher: University of Pennsylvania Press
Total Pages: 344
Release: 2019-07-05
ISBN: 0812251199
Category: Political Science
Language: EN, FR, DE, ES & NL

The Organization of Islamic Cooperation and Human Rights Book Excerpt:

Established in 1969, the Organization of Islamic Cooperation (OIC) is an intergovernmental organization the purpose of which is the strengthening of solidarity among Muslims. Headquartered in Jeddah, the OIC today consists of fifty seven states from the Middle East, Asia, Africa, and Latin America. The OIC's longevity and geographic reach, combined with its self-proclaimed role as the United Nations of the Muslim world, raise certain expectations as to its role in global human rights politics. However, to date, these hopes have been unfulfilled. The Organization of Islamic Cooperation and Human Rights sets out to demonstrate the potential and shortcomings of the OIC and the obstacles on the paths it has navigated. Historically, the OIC has had a complicated relationship with the international human rights regime. Palestinian self-determination was an important catalyst for the founding of the OIC, but the OIC did not develop a comprehensive human rights approach in its first decades. In fact, human rights issues were rarely, if at all, mentioned at the organization's summits or annual conferences of foreign ministers. Instead, the OIC tended to focus on protecting Islamic holy sites and strengthening economic cooperation among member states. As other international and regional organizations expanded the international human rights system in the 1990s, the OIC began to pay greater attention to human rights, although not always in a manner that aligned with Western conceptions. This volume provides essential empirical and theoretical insights into OIC practices, contemporary challenges to human rights, intergovernmental organizations, and global Islam. Essays by some of the world's leading scholars examine the OIC's human rights activities at different levels—in the UN, the organization's own institutions, and at the member-state level—and assess different aspects of the OIC's approach, identifying priority areas of involvement and underlying conceptions of human rights. Contributors: Hirah Azhar, Mashood A. Baderin, Anthony Tirado Chase, Ioana Cismas, Moataz El Fegiery, Turan Kayaoglu, Martin Lestra, Ann Elizabeth Mayer, Mahmood Monshipouri, Marie Juul Petersen, Zeynep Şahin-Mencütek, Heiní Skorini, M. Evren Tok.

Religious Actors and International Law

Religious Actors and International Law
Author: Ioana Cismas
Publsiher: OUP Oxford
Total Pages: 440
Release: 2014-07-17
ISBN: 019102189X
Category: Law
Language: EN, FR, DE, ES & NL

Religious Actors and International Law Book Excerpt:

This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

Islam and International Criminal Law and Justice

Islam and International Criminal Law and Justice
Author: Tallyn Gray
Publsiher: Torkel Opsahl Academic EPublisher
Total Pages: 262
Release: 2018-11-16
ISBN: 8283481886
Category: Law
Language: EN, FR, DE, ES & NL

Islam and International Criminal Law and Justice Book Excerpt:

This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.

Corpus Juris of Islamic International Criminal Justice

Corpus Juris of Islamic International Criminal Justice
Author: Farhad Malekian
Publsiher: Cambridge Scholars Publishing
Total Pages: 769
Release: 2018-09-30
ISBN: 1527516938
Category: Law
Language: EN, FR, DE, ES & NL

Corpus Juris of Islamic International Criminal Justice Book Excerpt:

This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.

Promoting Women s Rights in Islamic Law in a Non Muslim State Israel

Promoting Women   s Rights in Islamic Law in a Non Muslim State     Israel
Author: Ahmad Natour
Publsiher: Rowman & Littlefield
Total Pages: 223
Release: 2021-04-07
ISBN: 1793640971
Category: Law
Language: EN, FR, DE, ES & NL

Promoting Women s Rights in Islamic Law in a Non Muslim State Israel Book Excerpt:

Promoting Women's Rights in Islamic Law describes the mechanism of renewal in Islamic law , followed by the main reforms in various areas of the family law; marriage, divorce, the right of wives to dissolve their unsuccessful marriage, paternity, maintenance of wives and children support.

Juvenile Justice in Global Perspective

Juvenile Justice in Global Perspective
Author: Franklin E. Zimring,Maximo Langer,David S. Tanenhaus
Publsiher: NYU Press
Total Pages: 416
Release: 2017-05
ISBN: 1479843881
Category: Law
Language: EN, FR, DE, ES & NL

Juvenile Justice in Global Perspective Book Excerpt:

Provides a comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States. Contributors discuss important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and more. Furthermore, they use data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary. --From publisher description.

Children and Violence

Children and Violence
Author: Bina D'Costa
Publsiher: Cambridge University Press
Total Pages: 346
Release: 2016-10-04
ISBN: 1316673995
Category: Political Science
Language: EN, FR, DE, ES & NL

Children and Violence Book Excerpt:

Children's diverse experiences during periods of conflict, post-conflict and peacetime reveal that their roles in society and political communities are complex. Based on this premise, this book suggests that understanding children's roles involves a critical analysis of where the child is situated within her/his family, within socio-political networks and within the state. Through examining various case studies in South Asia, a region that is marked as much by its homogeneity as by its immense diversity, the book observes that significant tensions exist between universal and local approaches to childhood. It reflects how the development of international and national discourses on children's rights and protection is relevant to children's everyday lives in situations of conflict.

Children and Global Conflict

Children and Global Conflict
Author: Kim Huynh,Bina D'Costa,Katrina Lee-Koo
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2015-04-09
ISBN: 1316298760
Category: Political Science
Language: EN, FR, DE, ES & NL

Children and Global Conflict Book Excerpt:

Over one billion people under the age of eighteen live in territories affected by armed conflict. Despite this, scholars and practitioners often lack a comprehensive knowledge of how children both struggle within and shape conflict zones. Children and Global Conflict provides this understanding with a view to enhancing the prospects of conflict resolution and peacebuilding. This book presents key ideas and issues relating to children's experiences of war, international relations and international law. The authors explore the political, conceptual and moral debates around children in these contexts and offer examples and solutions based on case studies of child soldiers from Vietnam, child forced migrants in Australia, young peace-builders in post-conflict zones, youth in the international justice system, and child advocates across South Asia and the Middle East.

Problematizing Law Rights and Childhood in Israel Palestine

Problematizing Law  Rights  and Childhood in Israel Palestine
Author: Hedi Viterbo
Publsiher: Cambridge University Press
Total Pages: 370
Release: 2021-08-05
ISBN: 1009027417
Category: Political Science
Language: EN, FR, DE, ES & NL

Problematizing Law Rights and Childhood in Israel Palestine Book Excerpt:

In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels.

Children s Rights and the Minimum Age of Criminal Responsibility

Children   s Rights and the Minimum Age of Criminal Responsibility
Author: Don Cipriani
Publsiher: Routledge
Total Pages: 252
Release: 2016-05-23
ISBN: 1317167589
Category: Law
Language: EN, FR, DE, ES & NL

Children s Rights and the Minimum Age of Criminal Responsibility Book Excerpt:

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

The Rule of Law Freedom of Expression and Islamic Law

The Rule of Law  Freedom of Expression and Islamic Law
Author: Hossein Esmaeili,Irmgard Marboe,Javaid Rehman
Publsiher: Bloomsbury Publishing
Total Pages: 312
Release: 2017-12-14
ISBN: 1782257500
Category: Law
Language: EN, FR, DE, ES & NL

The Rule of Law Freedom of Expression and Islamic Law Book Excerpt:

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Accommodating Muslims under Common Law

Accommodating Muslims under Common Law
Author: Salim Farrar,Ghena Krayem
Publsiher: Routledge
Total Pages: 206
Release: 2016-07-15
ISBN: 1317964225
Category: Law
Language: EN, FR, DE, ES & NL

Accommodating Muslims under Common Law Book Excerpt:

The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.

The Shari a and Islamic Criminal Justice in Time of War and Peace

The Shari a and Islamic Criminal Justice in Time of War and Peace
Author: M. Cherif Bassiouni
Publsiher: Cambridge University Press
Total Pages: 408
Release: 2013-10-21
ISBN: 110704068X
Category: Law
Language: EN, FR, DE, ES & NL

The Shari a and Islamic Criminal Justice in Time of War and Peace Book Excerpt:

Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.

Religious Legal Traditions International Human Rights Law and Muslim States

Religious Legal Traditions  International Human Rights Law and Muslim States
Author: Hashemi
Publsiher: BRILL
Total Pages: 304
Release: 2008-07-25
ISBN: 9047431537
Category: Political Science
Language: EN, FR, DE, ES & NL

Religious Legal Traditions International Human Rights Law and Muslim States Book Excerpt:

Considering the subject of Islam and Human Rights, the book tackles three areas that have been largely ignored in literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child.

Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law
Author: Anver M. Emon,Mark Ellis,Benjamin Glahn
Publsiher: OUP Oxford
Total Pages: 416
Release: 2012-10-11
ISBN: 0191645702
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Law and International Human Rights Law Book Excerpt:

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.