Women Islam And International Law

Author by : Ekaterina Yahyaoui Krivenko
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 47
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Description : Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.


Islamic Human Rights And International Law

Author by : Glenn L. Roberts
Languange : en
Publisher by : Universal-Publishers
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 124
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Description : 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."


International Law And Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 21
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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.


Advancing The Legal Status Of Women In Islamic Law

Author by : Mona Samadi
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 61
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Description : Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.


The Muslim Conception Of International Law And The Western Approach

Author by : Mohammad Talaat Ghunaimi
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 47
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Description : The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.


Religion Human Rights And International Law

Author by : Javaid Rehman
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 57
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Description : Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.


Islamic Law And International Human Rights Law

Author by : Anver M. Emon
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 90
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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.


Human Rights And Islam

Author by : Abdullah Saeed
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 48
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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.


International Human Rights And Islamic Law

Author by : Mashood A. Baderin
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 71
Total Download : 867
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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.


Interaction Between International Instruments On Women S Human Rights And Islam

Author by : Ekaterina Yahyaoui-Krivenko
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 382
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Description : The thesis addresses relationship between women's rights and Islam at the level of international law. An attempt is made to propose ways by which international law could transform this relationship, often represented in terms of opposition, into a constructive dialogue, an interaction. This is done mainly through the analysis of the practice developed by States and the treaty-monitoring body in the context of reservations entered by Muslim States to the Convention on the elimination of all forms of discrimination against women. In the course of the analysis some theoretical issues related to the regime of reservations in general international law are discussed. The thesis argues for adoption of a flexible approach which encourages wider and more active participation.


The Status Of Women Under Islamic Law And Modern Islamic Legislation

Author by : Jamal J. Nasir
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 47
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Description : There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.


Islam And Society

Author by : Christine Schirrmacher
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 51
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Description :


Understanding Islamic Law

Author by : Hisham M. Ramadan
Languange : en
Publisher by : Rowman Altamira
Format Available : PDF, ePub, Mobi
Total Read : 75
Total Download : 182
File Size : 44,5 Mb
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Description : Understanding Islamic law is crucial not only for Muslims, but for non-Muslims who work with Muslims in legal contexts as well as for anyone wanting to understand the role of Islam in the world today. For unlike western legal systems where religious and legal spheres are kept separate, Islamic law is all-encompassing, directing all human actions. Legal scholar Hisham Ramadan brings together articles to give an excellent overview of the formation of Islamic law and its role in contemporary Islamic and Non-Islamic states. Following an overview of Islamic Law, chapters cover Islamic criminal law, International Humanitarian Law, contract law, & family law. A concluding essay offers an explanation of the legal value of Islam and appendices include original Islamic legal documents from Muhammad's time until today.


Women Under Islam

Author by : Chris Jones-Pauly
Languange : en
Publisher by : I. B. Tauris
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 915
File Size : 41,7 Mb
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Description : How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. In this groundbreaking work, Chris Jones-Pauly explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. She examines the different interpretations, histories and practices of Islamic law in different countries. She finds that the political independence of judicial institutions is a far more important factor than the relative conservatism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies


Women In Islam

Author by : F. P. Hanna
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 38
Total Download : 368
File Size : 40,5 Mb
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Description : One of the most controversial issues of our time is the rights of women in the world in general and in Islam and Islamic law in particular. The issue, for example, of wearing the Burka (the Hijab) by Muslim women in public places, schools, and in courts has made it recently to the front covers of most newspapers and magazines. Some countries have already banned the Burka in public places; others are reluctant for fear of limiting freedom and multiculturalism. But, what happens to a western woman who goes to a Muslim country, such as Saudi Arabia, where Islamic law (the Sharia) is applied? Is she allowed to wear a mini-skirt or a dress of her liking in public places? Or, is she able to wear a bikini on the beach? Almost all Muslim scholars and writers, including women, have defended the position of women in Islam. While they draw their arguments on a very limited number of verses (Surah) in the Qur'an and Hadith, however, they take them out of their context in trying to prove that women under Islam are free and their human rights are protected. This book shows how Islam has always considered women as inferior to men in every aspect: physically, intellectually, morally, and religiously. Their demise and denial of their basic rights are God sanctioned laws that every Muslim follows, not just 'fundamentalists'. Indeed, the Qur'an remains for all Muslims, the uncreated word of God Himself. It is valid for all times and places; its ideas are absolutely true and beyond all criticism. To question it is to question the very word of God, and hence blasphemous. A Muslim's duty is to believe it and obey its divine commands ... blindly. This non-fiction book reveals the shocking truth about the real position of women in the Qur'an, the Hadith, in Islamic law (the Sharia) and how Islam is deeply anti-women. It reports the shocking truth of how women are denied their basic human rights in the Islamic law and ... in real life


Toward An Islamic Reformation

Author by : Abdullahi Ahmed An Na'im
Languange : en
Publisher by : Syracuse University Press
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Total Read : 26
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Description : Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.


Islam And Human Rights

Author by : Ann Elizabeth Mayer
Languange : en
Publisher by : Westview Press
Format Available : PDF, ePub, Mobi
Total Read : 70
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Description : An assessment of recent Islamic human-rights schemes that dilute or eliminate the human-rights protections afforded by international law. The author compares these schemes both with the Islamic legal heritage, where they have no exact counterparts, and wit


Islam And The Everyday World

Author by : Sohrab Behdad
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 99
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Description : This is a new examination of how Shari’a law affects public policy both theoretically and in practice, across a wide range of public policy areas, including for example human rights and family law. The process by which public policy is decided - through elections, debates, political processes, and political discourse - has an additional dimension in the Islamic world. This is because Shari'a (divine law) has a great deal to say on many mundane matters of everyday life and must be taken into account in matters of public policy. In addition, matters are complicated further by the fact that there are differing interpretations of the Shari'a and how it should be applied to contemporary social issues. Written by leading experts in their field, this is the first comprehensive single volume analysis of Islam and public policy in the English language and offers further understanding of Islam and its wider social and political implications.


Gender Discrimination For Religious Reasons In Islamic Countries And International Human Rights Treaties

Author by : Maryam Mosavi
Languange : en
Publisher by : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Format Available : PDF, ePub, Mobi
Total Read : 63
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Description : Gender equality rights are fundamental human rights that are recognized in international human rights treaties, which bind states to eliminate gender discrimination formally and in practice. Islam is recognized as the official religion in the constitutional law of Islamic countries; religious scholars have the competence to interpret Islamic law, resulting in creating a series of unequal rights for women based on Islamic law, which often continues in legal structures. Nevertheless, a majority of Islamic countries have ratified the international human rights treaties but have put reservations in place based on Sharia concerning articles on gender equality rights. Therefore, this dissertation addressed that the degree to which international law has accepted gender discrimination for religious reasons.


Men In Charge

Author by : Ziba Mir-Hosseini
Languange : en
Publisher by : Simon and Schuster
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 518
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Description : Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discrimination. One refers to a husband’s authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.


Islam And Human Rights

Author by : Ann Elizabeth Mayer
Languange : en
Publisher by : Hachette UK
Format Available : PDF, ePub, Mobi
Total Read : 59
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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.


International Law And Muslim States

Author by : Dawood Adesola Hamzah
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 422
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Description : This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur’an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.


Law

Author by : Gholamali Haddad Adel
Languange : en
Publisher by : EWI Press
Format Available : PDF, ePub, Mobi
Total Read : 52
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Description : The word fiqh literally denotes understanding, though as a term, it has been employed since the late eighth/fourteenth and early ninth/fifteenth centuries in the sense of understanding of the law in the sense of stating the norms and elaborating legal details through scholarly activities. However, the term shari‘a designates the laws of Islam. Jurists (fuqaha’) discover and express the shari‘a. accordingly, the Western concept of ‘legal system’, i.e. the bureaucratic structures of government, is carried by fiqh. The present volume treats of different branches of law, e.g. private, public, criminal, and international, as applied in Muslim countries. This book is part of a series of translations from the Encyclopaedia of the World of Islam (EWI) which was originally compiled in Persian. Other entries from this encyclopaedia which are available in English include History and Historiography, Historical Sources of the Isamic World, Muslim Organisations in the Twentieth Century, Periodicals of the Muslim World, and Hawza-yi ‘Ilmiyya.


Islamic Law

Author by : Mashood A. Baderin
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 15
Total Download : 548
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Description : Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.


Islam And International Criminal Law And Justice

Author by : Tallyn Gray
Languange : en
Publisher by : Torkel Opsahl Academic EPublisher
Format Available : PDF, ePub, Mobi
Total Read : 23
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Description : 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.


Encyclopedia Of Women And Islamic Cultures

Author by : Suad Joseph
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 81
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Description : Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.


Symposium

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 37
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Description :


Cultural Rights In International Law And Discourse

Author by : Stephenson Chow
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 195
File Size : 40,7 Mb
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Description : In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.