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.

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

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.

Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law
Author: Mark S. Ellis,Anver M. Emon,Benjamin Glahn
Publsiher: Oxford University Press
Total Pages: 400
Release: 2012-10-11
ISBN: 0199641447
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Law and International Human Rights Law Book Excerpt:

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 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.

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

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 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: 0199641447
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Law and International Human Rights Law Book Excerpt:

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

International Human Rights Law
Author: Javaid Rehman
Publsiher: Pearson Education
Total Pages: 494
Release: 2003
ISBN: 9780582437739
Category: Law
Language: EN, FR, DE, ES & NL

International Human Rights Law Book Excerpt:

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.

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.

The Oxford Handbook of Islamic Law

The Oxford Handbook of Islamic Law
Author: Anver M. Emon,Rumee Ahmed
Publsiher: Oxford Handbooks in Law
Total Pages: 1008
Release: 2018-11
ISBN: 0199679010
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 idealintroduction 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 thecontested 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.

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.

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."

The Oxford Handbook of International Human Rights Law

The Oxford Handbook of International Human Rights Law
Author: Dinah Shelton
Publsiher: Oxford University Press
Total Pages: 1018
Release: 2013-09
ISBN: 0199640130
Category: Law
Language: EN, FR, DE, ES & NL

The Oxford Handbook of International Human Rights Law Book Excerpt:

The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.

Encyclopedia of Human Rights

Encyclopedia of Human Rights
Author: David P. Forsythe
Publsiher: Unknown
Total Pages: 135
Release: 2009
ISBN: 0195334027
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Encyclopedia of Human Rights Book Excerpt: