International Human Rights And Islamic Law

Author by : Mashood A. Baderin
Languange : en
Publisher by : Oxford University Press on Demand
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Description : 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 clear and readable examination of whether international human rights law and Islamic law are compatible Careful presentation of this highly topical and difficult area Provides persuasive and thoroughly documented definitions, historical analysis, and discussionContents:Dedication Acknowledgements Preface Contents Table of Cases Table of Treaties and Declarations Glossary 1 Introduction 2 Human Rights and Islamic Law 3 The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law 4 The International Covenant on Economic, Social and Cultural Rights (ICESCR) in the Light of Islamic Law 5 Conclusion Annexe: The Cairo Declaration on Human Rights in Islam Glossary Bibliography Index


International Law And Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
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Description : The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.


Women The Koran And International Human Rights Law

Author by : Niaz A. Shah
Languange : en
Publisher by : Martinus Nijhoff Publishers
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Description : Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through "Ijtihad": independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women's human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women's human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women's human rights into reality.


Islamic Law And International Human Rights Law

Author by : Anver M. Emon
Languange : en
Publisher by : OUP Oxford
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Description : Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.


International Human Rights Law

Author by : Javaid Rehman
Languange : en
Publisher by : Pearson Education
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Description : The simple and straightforward analysis in this book will provide a useful text for undergraduate (LLB) and postgraduate (LLM) courses in international human rights law and international relations. The book will also assist practitioners in gaining a basic understanding of the practices and procedures of international human rights law.


The Organization Of Islamic Cooperation And Human Rights

Author by : Marie Juul Petersen
Languange : en
Publisher by : University of Pennsylvania Press
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Description : 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.


A Struggle For Supremacy

Author by : Maliheh Dadkhah
Languange : en
Publisher by : Unknown
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Description : Abstract: For two reasons, at least, it is important to study the confrontation between international human rights law and national constitutional law based on Islamic Law/Shari'a. One reason is the inevitable interaction and confrontation between different legal regimes in the global legal pluralism. Another reason is the increasing religious tensions and the decreasing religious tolerance in the international community in the recent time . This often leads to a common perception that Islamic law is completely incompatible with international human rights law . I disagree with this view. My point is this perception, right or wrong, without considering the role of the state is very abstract . The aim of study is not to only shed light on the relationship between human rights and Islamic law, but to show how the understanding, interpretation and implementation of international human rights law and Islamic law can vary between different states. Religious, political and legal culture unique to each state have shaped and continue to shape the human rights-protection system and the implementation of Islamic law .Then, in fact, neither human rights law nor Islamic law is homogenous in practice. The governmental practices of both systems have been varied over time. There might be common grounds between international human rights and Shari'a-incorporated legal systems just as there might be essential conflicts between the source, scope, content and function of the two systems


Religion Human Rights And International Law

Author by : Javaid Rehman
Languange : en
Publisher by : Studies in Religion, Secular B
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Description : Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet! A preliminary exploration of the theory and practice of as-Siyar and international law in the contemporary world -- Religion as a source of international law -- Human rights and cultural relativism: the false dichotomy -- Some arguments on the universality of human rights in Islam. pt. 3. Religions, values and constitutionalism within international human rights law -- Religion within the refugee context: squaring the circle? -- The advent of proportional human rights and the dignity inherent in individuals qua human beings -- The religiosity of jus cogens: a moral case for compliance? -- Why the Hindu caste system presents a new challenge for human rights. pt. 4. Islam, state practices and contemporary international law -- The role of Islam in human rights and development in Muslim states -- Human rights, natural justice and Pakistan's Shariat courts -- Women, Islamisation and human rights in Pakistan: developing strategies of resistance -- Nation-building in an Islamic state: minority rights and self-determination in the Islamic Republic of Pakistan. pt. 5. Islam, minorities rights and the implications of 9/11 -- Multiculturalism and extremism: international law perspectives -- Prayers, planners and pluralism: protecting the rights of minority religious groups -- 'Are you a Protestant or a Catholic Muslim?' The path of Muslim integration into Northern Ireland -- Religion, minority rights and Muslims of the United Kingdom.


International Human Rights Law And Islamic Theory Of Legislation

Author by : Abdur Rauf Khatana
Languange : en
Publisher by : LAP Lambert Academic Publishing
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Description : Having sought the consent of states through treaties, International Human Rights Law (IHRL) is devoted to achieve its universal scope and jurisdiction. Muslim States are well behind from the others in showing their adherence to fully preserve the spirit of IHRL treaties. Critics blame the arguable rigidity of Islamic law and its mixture with patriarchal culture being a suggested reason for the failure of Muslim States in adopting domestic legislation in order to protect and promote the international standard of human rights. Islamic scholarship pursues this debate in variant ways. Modernists stress on the evolution of Islamic law to be taken as a tool of reformation in that regard. Traditionalists accept the progressive nature of Islamic law in principle however remain stuck with the classical positions. 'Islamic theory of legislation' seeks an articulation of the eternal principles of Islamic law for law making on one hand while on the other elicits for the restoration of the role of scholars/jurists in process of main stream legislation tacking place in the legislatures of the contemporary Muslim States.


The Right To Development In International Law

Author by : Khūrshīd Ashraf Iqbāl
Languange : en
Publisher by : Routledge Cavendish
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Description : The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shariâe~ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shariâe~ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shariâe~ah law is progressively interpreted in public interest. Iqbalâe(tm)s work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.


International Human Rights And Islamic Law

Author by : Mashood A. Baderin
Languange : en
Publisher by : OUP Oxford
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Description : 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.


Access To Justice In Iran

Author by : Sahar Maranlou
Languange : en
Publisher by : Cambridge University Press
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Description : A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.


Islamic Law And International Human Rights Law

Author by : Anver M. Emon
Languange : en
Publisher by : OUP Oxford
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Description : 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.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
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Description : 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.


Islamic Law A Very Short Introduction

Author by : Mashood A. Baderin
Languange : en
Publisher by : Oxford University Press
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Description : Very Short Introductions: Brilliant, Sharp, Inspiring Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and also has a strong influence on Muslim communities throughout the Western world. This Very Short Introduction provides an authoritative perspective on the evolution and nature of Islamic law. Mashood A. Baderin considers its theory, covering the history and nature of Islamic jurisprudence; its scope, covering Family Law, Inheritance Law, Financial Law, Penal Law, and International Law; and, finally, its practice. He takes into account both classical and modern scholarly perspectives in examining the various facets of Islamic law, to provide an overview of this key legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.


The Right To Freedom Of Religion Belief

Author by : Anonim
Languange : en
Publisher by : Cosimo, Inc.
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Description : As the geographical diversity of the Muslim world stretches from Europe to Africa, through the Middle East and into Asia, this region mirrors a central finding of this study - that predominantly Muslim countries include an array of constitutional measures addressing the role of Islam and the scope of the right to freedom of thought, conscience, and religion or belief, and other related human rights.THE RIGHT TO FREEDOM OF RELIGION & BELIEF analyzes these constitutional measures currently in place related to the relationship between religion and the state in addition to freedom of religion or belief in predominantly Muslim countries.Issued in March 2005 as The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries, this report was originally prepared by Tad Stahnke, J.D., Deputy Director for Policy; and Robert C. Blitt, M.A., J.D., LL.M., Legal Policy Analyst of the United States Commission on International Religious Freedom (USCIRF).USCIRF is an independent federal commission created the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and relation or belief abroad and to give independent recommendations to the Secretary of State and Congress. For additional information about the Commission, please visit www.uscirf.gov.


Land Law And Islam

Author by : Hilary Lim
Languange : en
Publisher by : Zed Books Ltd.
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Description : In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.


Human Rights Oxford Bibliographies Online Research Guide

Author by : Abdulkader Tayob
Languange : en
Publisher by : Oxford University Press
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Description : This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.


Child Rights To Guardianship

Author by : Ali Omar Ali Mesrati
Languange : en
Publisher by : Springer
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Description : This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.


A History In The Making

Author by : Vanja Hamzić
Languange : en
Publisher by : Unknown
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Description :


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Christie S. Warren
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 49
Total Download : 589
File Size : 48,7 Mb
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Description : This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.


Principles Of Islamic International Criminal Law

Author by : Farhad Malekian
Languange : en
Publisher by : BRILL
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Description : The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.


Human Rights In Asia

Author by : Thomas W.D. Davis
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
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Description : Does the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion, and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organisations, NGOs, and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand, and the Phillipines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to 'normalise' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as scholars in politics, human rights, international relations and government and NGO analysts.


Islam And Human Rights

Author by : Ann Elizabeth Mayer
Languange : en
Publisher by : Westview Press
Format Available : PDF, ePub, Mobi
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Description : Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights. The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize “defamation of Islam” occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including: The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring; The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights; The intensifying controversies over issues of sexual orientation and gender identity in the Middle East; The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize “defamation of Islam” occurring in the West.


Human Rights In Africa

Author by : Abdullahi Ahmed An-naim
Languange : en
Publisher by : Brookings Institution Press
Format Available : PDF, ePub, Mobi
Total Read : 89
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Description : This powerful volume challenges the conventional view that the concept of human rights is peculiar to the West and, therefore, inherently alien to the non-Western traditions of third world countries. This book demonstrates that there is a contextual legitimacy for the concept of human rights. Virginia A. Leary and Jack Donnelly discuss the Western cultural origins of international human rights; David Little, Bassam Tibi, and Ann Elizabeth Mayer explore Christian and Islamic perspectives on human rights; Rhoda E. Howard, Claude E. Welch, Jr., and James C. N. Paul examine human rights in the context of the African nation-state; Kwasi Wiredu, James Silk, and Francis M. Deng offer African cultural perspectives; and Abdullahi Ahmed An-Na'im and Richard D. Schwartz discuss prospects for a cross-cultural approach to human rights.


The Great Theft

Author by : Khaled M. Abou El Fadl
Languange : en
Publisher by : Harper Collins
Format Available : PDF, ePub, Mobi
Total Read : 60
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Description : Despite President George W. Bush's assurances that Islam is a peaceful religion and that all good Muslims hunger for democracy, confusion persists and far too many Westerners remain convinced that Muslims and terrorists are synonymous. In the aftermath of the attacks of 9/11, the subsequent wars in Afghanistan and Iraq, and the recent bombings in London, an unprecedented amount of attention has been directed toward Islam and the Muslim world. Yet, even with this increased scrutiny, most of the public discourse regarding Islam revolves around the actions of extremist factions such as the Wahhabis and al-Qa'ida. But what of the Islam we don't hear about? As the second-largest and fastest-growing religion in the world, Islam is deemed by more than a billion Muslims to be a source of serenity and spiritual peace, and a touchstone for moral and ethical guidance. While extremists have an impact upon the religion that is wildly disproportionate to their numbers, moderates constitute the majority of Muslims worldwide. It is this rift between the quiet voice of the moderates and the deafening statements of the extremists that threatens the future of the faith. In The Great Theft, Khaled Abou El Fadl, one of the world's preeminent Islamic scholars, argues that Islam is currently passing through a transformative period no less dramatic than the movements that swept through Europe during the Reformation. At this critical juncture there are two completely opposed worldviews within Islam competing to define this great world religion. The stakes have never been higher, and the future of the Muslim world hangs in the balance. Drawing on the rich tradition of Islamic history and law, The Great Theft is an impassioned defense of Islam against the encroaching power of the extremists. As an accomplished Islamic jurist, Abou El Fadl roots his arguments in long-standing historical legal debates and delineates point by point the beliefs and practices of moderate Muslims, distinguishing these tenets from the corrupting influences of the extremists. From the role of women in Islam to the nature of jihad, from democracy and human rights to terrorism and warfare, Abou El Fadl builds a vital vision for a moderate Islam. At long last, the great majority of Muslims who oppose extremism have a desperately needed voice to help reclaim Islam's great moral tradition.


Human Rights And Islam

Author by : Abdullah Saeed
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 292
File Size : 46,9 Mb
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Description : 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.


Modern Challenges To Islamic Law

Author by : Shaheen Sardar Ali
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 269
File Size : 54,7 Mb
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Description : The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.


Does God Believe In Human Rights

Author by : Nazila Ghanea-Hercock
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 561
File Size : 40,5 Mb
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Description : Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.