International Human Rights and Islamic Law

International Human Rights and Islamic Law
Author: Mashood A. Baderin
Publsiher: Oxford University Press on Demand
Total Pages: 279
Release: 2005
ISBN: 9780199285402
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 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

Women the Koran and International Human Rights Law

Women  the Koran and International Human Rights Law
Author: Niaz A. Shah
Publsiher: Martinus Nijhoff Publishers
Total Pages: 262
Release: 2006
ISBN: 9004152377
Category: Law
Language: EN, FR, DE, ES & NL

Women the Koran and International Human Rights Law Book Excerpt:

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

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.

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.

Human Rights in Islamic Law

Human Rights in Islamic Law
Author: Tahir Mahmood
Publsiher: Unknown
Total Pages: 176
Release: 1993
ISBN: 1928374650XXX
Category: Civil rights (Islamic law)
Language: EN, FR, DE, ES & NL

Human Rights in Islamic Law Book Excerpt:

International Law and Islamic Law

International Law and Islamic Law
Author: MashoodA. Baderin
Publsiher: Routledge
Total Pages: 706
Release: 2017-07-05
ISBN: 1351562339
Category: Law
Language: EN, FR, DE, ES & NL

International Law and Islamic Law Book Excerpt:

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.

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: 283
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.

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.

International Human Rights Law

International Human Rights Law
Author: Javaid Rehman
Publsiher: Pearson Education
Total Pages: 947
Release: 2010
ISBN: 9781405811811
Category: Law
Language: EN, FR, DE, ES & NL

International Human Rights Law Book Excerpt:

International human rights law is among the most dynamic and controversial topics in legal study. In this book, Javaid Rehman offers a comprehensive and practical examination of the workings of human rights protection and presents a considered legal analysis of such sensitive issues as non-discrimination, rights of minorities, rights of indigenous peoples, and the rights of women and children. He also explores areas such as enforced disappearances, torture, and terrorism - all highly topical and contentious issues that dominate much of today's social, political and legal debate. This second edition has been thoroughly updated to explore the key developments and latest legislation in the area, and the scope of the book has been extended to include new chapters on: This clear, yet detailed, analysis provides the definitive introduction to the area for undergraduate [LLB] and postgraduate [LLM] courses in international human rights law and international relations. The book will also benefit practitioners seeking to gain a basic understanding of the procedures of international human rights law. He has extensive experience in writing about and teaching International Human Rights law.

Modern Challenges to Islamic Law

Modern Challenges to Islamic Law
Author: Shaheen Sardar Ali
Publsiher: Cambridge University Press
Total Pages: 320
Release: 2016-10-06
ISBN: 1107033381
Category: Law
Language: EN, FR, DE, ES & NL

Modern Challenges to Islamic Law Book Excerpt:

This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Islamic Criminal Law Oxford Bibliographies Online Research Guide

Islamic Criminal Law  Oxford Bibliographies Online Research Guide
Author: Oxford University Press
Publsiher: Oxford University Press, USA
Total Pages: 30
Release: 2010-05-01
ISBN: 9780199803866
Category: Social Science
Language: EN, FR, DE, ES & NL

Islamic Criminal Law Oxford Bibliographies Online Research Guide Book Excerpt:

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.

International Human Rights Law

International Human Rights Law
Author: Dr Manisuli Ssenyonjo,Professor Mashood A Baderin
Publsiher: Ashgate Publishing, Ltd.
Total Pages: 588
Release: 2013-02-28
ISBN: 1409497283
Category: Law
Language: EN, FR, DE, ES & NL

International Human Rights Law Book Excerpt:

This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of human rights law. The book is international in perspective, both in scope and context, and covers developments in the international protection of human rights since the adoption of the UDHR in 1948. The developments considered include the United Nations system of protecting human rights as well as regional human rights systems in Africa, America and Europe. It also considers some key themes relevant to human rights including globalisation, protecting human rights in emergency situations and trade sanctions, the development of human rights NGOs, and many others. The book will be an invaluable resource for students, academics and policy-makers working in the field of international human rights.

Women and International Human Rights Law

Women and International Human Rights Law
Author: Gayatri H. Patel
Publsiher: Routledge
Total Pages: 258
Release: 2019-12-18
ISBN: 1351235087
Category: Law
Language: EN, FR, DE, ES & NL

Women and International Human Rights Law Book Excerpt:

This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.

Human Rights Commitments of Islamic States

Human Rights Commitments of Islamic States
Author: Paul McDonough
Publsiher: Bloomsbury Publishing
Total Pages: 296
Release: 2021-01-07
ISBN: 1509919724
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights Commitments of Islamic States Book Excerpt:

This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

International Law and Islamic Law

International Law and Islamic Law
Author: MashoodA. Baderin
Publsiher: Routledge
Total Pages: 706
Release: 2017-07-05
ISBN: 1351562320
Category: Law
Language: EN, FR, DE, ES & NL

International Law and Islamic Law Book Excerpt:

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.

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.

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.

Adjudicating International Human Rights

Adjudicating International Human Rights
Author: James A. Green,Christopher P.M. Waters
Publsiher: Martinus Nijhoff Publishers
Total Pages: 252
Release: 2014-11-28
ISBN: 9004261184
Category: Political Science
Language: EN, FR, DE, ES & NL

Adjudicating International Human Rights Book Excerpt:

Adjudicating International Human Rights brings together established and emerging scholars to honour Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays probing the framework and adequacy of international human rights adjudication.

Islamic Human Rights and International Law

Islamic Human Rights and International Law
Author: Glenn L. Roberts
Publsiher: Universal-Publishers
Total Pages: 128
Release: 2006-12
ISBN: 1581123477
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Human Rights and International Law Book Excerpt:

Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."

Islamic Law and Human Rights

Islamic Law and Human Rights
Author: Moataz El Fegiery
Publsiher: Cambridge Scholars Publishing
Total Pages: 340
Release: 2016-08-17
ISBN: 1443898449
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Law and Human Rights Book Excerpt:

This book explores the development of the Muslim Brotherhood’s thinking on Islamic law and human rights, and argues that the Muslim Brotherhood has exacerbated, rather than solved, tensions between the two in Egypt. The organisation and its scholars have drawn on hard-line juristic opinions and reinvented certain concepts from Islamic traditions in ways that limit the scope of various human rights, and advocate for Islamic alternatives to international human rights. The Muslim Brotherhood’s practices in opposition and in power have been consistent with its literature. As an opposition party, it embraced human rights language in its struggle against an authoritarian regime, but advocated for broad restrictions on certain rights. However, its recent and short-lived experience in power provides evidence of its inclination to reinforce restrictions on religious freedom, freedom of expression and association, and the rights of religious minorities, and to reverse previous reforms related to women’s rights. The book concludes that the peaceful management of political and religious diversity in society cannot be realised under the Muslim Brotherhood’s model of a Shari‘a state. The study advocates for the drastic reformation of traditional Islamic law and state impartiality towards religion, as an alternative to the development of a Shari‘a state or exclusionary secularism. This transformation is, however, contingent upon significant long-term political and socio-cultural change, and it is clear that successfully expanding human rights protection in Egypt requires not the exclusion of Islamists, but their transformation. Islamists still have a large constituency and they are not the only actors who are ambivalent about human rights. Meanwhile, Islamic law also appears to continue to influence Egypt’s law. The book explores the prospects for certain constitutional and institutional measures to facilitate an evolutionary interpretation of Islamic law, provide a baseline of human rights and gradually integrate international human rights into Egyptian law.