Gender Discrimination for Religious Reasons in Islamic Countries and International Human Rights Treaties

Gender Discrimination for Religious Reasons in Islamic Countries and International Human Rights Treaties
Author: Maryam Mosavi
Publsiher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Total Pages: 200
Release: 2021-01-29
ISBN: 9783631843918
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Gender Discrimination for Religious Reasons in Islamic Countries and International Human Rights Treaties Book Excerpt:

Gender equality rights are fundamental human rights that are recognized in international human rights treaties, which bind states to eliminate gender discrimination formally and in practice. Islam is recognized as the official religion in the constitutional law of Islamic countries; religious scholars have the competence to interpret Islamic law, resulting in creating a series of unequal rights for women based on Islamic law, which often continues in legal structures. Nevertheless, a majority of Islamic countries have ratified the international human rights treaties but have put reservations in place based on Sharia concerning articles on gender equality rights. Therefore, this dissertation addressed that the degree to which international law has accepted gender discrimination for religious reasons.

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.

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.

Human Rights and Islam

Human Rights and Islam
Author: Abdullah Saeed
Publsiher: Edward Elgar Publishing
Total Pages: 288
Release: 2018-04-27
ISBN: 1784716588
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights and Islam Book Excerpt:

Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

International Human Rights and Islamic Law

International Human Rights and Islamic Law
Author: Mashood A. Baderin
Publsiher: OUP Oxford
Total Pages: 302
Release: 2003-09-11
ISBN: 0191021822
Category: Law
Language: EN, FR, DE, ES & NL

International Human Rights and Islamic Law Book Excerpt:

This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.

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.

Religion Human Rights and International Law

Religion  Human Rights and International Law
Author: Javaid Rehman,Susan Carolyn Breau
Publsiher: Martinus Nijhoff Publishers
Total Pages: 569
Release: 2007
ISBN: 900415826X
Category: Religion
Language: EN, FR, DE, ES & NL

Religion Human Rights and International Law Book Excerpt:

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

The Application of Shari ah and International Human Rights Law in Saudi Arabia

The Application of Shari ah and International Human Rights Law in Saudi Arabia
Author: Abdulaziz Al-Rodiman
Publsiher: Unknown
Total Pages: 135
Release: 2013
ISBN: 1928374650XXX
Category: Electronic Book
Language: EN, FR, DE, ES & NL

The Application of Shari ah and International Human Rights Law in Saudi Arabia Book Excerpt:

Religion and Human Rights

Religion and Human Rights
Author: John Witte Jr.,M. Christian Green
Publsiher: Oxford University Press
Total Pages: 416
Release: 2011-11-24
ISBN: 019991334X
Category: Religion
Language: EN, FR, DE, ES & NL

Religion and Human Rights Book Excerpt:

The relationship between religion and human rights is both complex and inextricable. While most of the world's religions have supported violence, repression, and prejudice, each has also played a crucial role in the modern struggle for universal human rights. Most importantly, religions provide the essential sources and scales of dignity and responsibility, shame and respect, restraint and regret, restitution and reconciliation that a human rights regime needs to survive and flourish in any culture. With contributions by a score of leading experts, Religion and Human Rights provides authoritative and accessible assessments of the contributions of Judaism, Christianity, Islam, Hinduism, Confucianism, Buddhism, and Indigenous religions to the development of the ideas and institutions of human rights. It also probes the major human rights issues that confront religious individuals and communities around the world today, and the main challenges that the world's religions will pose to the human rights regime in the future.

Religion and Equality Law

Religion and Equality Law
Author: Nelson Tebbe
Publsiher: Routledge
Total Pages: 524
Release: 2017-07-05
ISBN: 1351551620
Category: Political Science
Language: EN, FR, DE, ES & NL

Religion and Equality Law Book Excerpt:

The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.

Current Issues in Law and Religion

Current Issues in Law and Religion
Author: Silvio Ferrari
Publsiher: Routledge
Total Pages: 548
Release: 2017-07-05
ISBN: 1351570285
Category: Political Science
Language: EN, FR, DE, ES & NL

Current Issues in Law and Religion Book Excerpt:

This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.

Men in Charge

Men in Charge
Author: Ziba Mir-Hosseini,Mulki Al-Sharmani,Jana Rumminger
Publsiher: Simon and Schuster
Total Pages: 304
Release: 2014-12-10
ISBN: 1780747179
Category: Religion
Language: EN, FR, DE, ES & NL

Men in Charge Book Excerpt:

Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discrimination. One refers to a husband’s authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.

International Human Rights Law and Diplomacy

International Human Rights Law and Diplomacy
Author: Kriangsak Kittichaisaree
Publsiher: Edward Elgar Publishing
Total Pages: 360
Release: 2020-03-28
ISBN: 1839102195
Category: Law
Language: EN, FR, DE, ES & NL

International Human Rights Law and Diplomacy Book Excerpt:

This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

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: 0191645699
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.

The Oxford Handbook of Islamic Law

The Oxford Handbook of Islamic Law
Author: Anver M. Emon,Rumee Ahmed
Publsiher: Oxford University Press
Total Pages: 1000
Release: 2018-10-25
ISBN: 0191668265
Category: Law
Language: EN, FR, DE, ES & NL

The Oxford Handbook of Islamic Law Book Excerpt:

This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

Human Rights Southern Voices

Human Rights  Southern Voices
Author: William Twining
Publsiher: Cambridge University Press
Total Pages: 238
Release: 2009-09-24
ISBN: 0521113210
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights Southern Voices Book Excerpt:

This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

Human Rights in the World Community

Human Rights in the World Community
Author: Burns H. Weston,Anna Grear
Publsiher: University of Pennsylvania Press
Total Pages: 496
Release: 2016-03-15
ISBN: 0812247388
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights in the World Community Book Excerpt:

Designed for educational use in international relations, law, political science, economics, and philosophy classes, Human Rights in the World Community treats the full range of human rights issues, including implementation problems and processes involving international, national, and nongovernmental action. Now with online appendices.

Islam and Politics in Indonesia Freedom of Religion or Belief and the influence of Islamic actors

Islam and Politics in Indonesia  Freedom of Religion or Belief and the influence of Islamic actors
Author: Tobias Hoheneder
Publsiher: Anchor Academic Publishing
Total Pages: 88
Release: 2018-08-15
ISBN: 3960677197
Category: Political Science
Language: EN, FR, DE, ES & NL

Islam and Politics in Indonesia Freedom of Religion or Belief and the influence of Islamic actors Book Excerpt:

In most Islamic societies, freedom of religion or belief is not a reality for religious minorities. Indonesia, home of the biggest Muslim population in the world, is a positive exception in this regard. The country was always a role model for the peaceful co-existence of diverse religious and cultural traditions, but in recent years, Islamic fundamentalist groups challenge the country’s tolerant and pluralistic identity. This book inquires the development of freedom of religion or belief from a political, legal and religious perspective. It analyzes the laws and mechanisms that protect the rights of minorities and traces the role of the country’s most important Islamic organizations and the influence they have on national policy-making. It finally points out possible future developments and how the government can counter the threat of militant Islamism and preserve Indonesia’s tolerant traditions.

Human Rights Southern Voices

Human Rights  Southern Voices
Author: Anonim
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2022
ISBN: 1928374650XXX
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Human Rights Southern Voices Book Excerpt:

Human Rights of Women

Human Rights of Women
Author: Rebecca J. Cook
Publsiher: University of Pennsylvania Press
Total Pages: 634
Release: 1994
ISBN: 9780812215380
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights of Women Book Excerpt:

Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.