Criminal Law And The Rights Of The Child In Muslim States

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Criminal Law and the Rights of the Child in Muslim States

Author : Nisrine Abiad
Publisher : BIICL
ISBN 13 : 9781905221455
Total Pages : 404 pages
Book Rating : 4.2/5 (214 download)

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Book Synopsis Criminal Law and the Rights of the Child in Muslim States by : Nisrine Abiad

Download or read book Criminal Law and the Rights of the Child in Muslim States written by Nisrine Abiad and published by BIICL. This book was released on 2010 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Sharia, Muslim States and International Human Rights Treaty Obligations

Author : Nisrine Abiad
Publisher : BIICL
ISBN 13 : 9781905221417
Total Pages : 276 pages
Book Rating : 4.2/5 (214 download)

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Book Synopsis Sharia, Muslim States and International Human Rights Treaty Obligations by : Nisrine Abiad

Download or read book Sharia, Muslim States and International Human Rights Treaty Obligations written by Nisrine Abiad and published by BIICL. This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Religious Legal Traditions, International Human Rights Law and Muslim States

Author : Kamran Hashemi
Publisher : BRILL
ISBN 13 : 9047431537
Total Pages : 304 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Religious Legal Traditions, International Human Rights Law and Muslim States by : Kamran Hashemi

Download or read book Religious Legal Traditions, International Human Rights Law and Muslim States written by Kamran Hashemi and published by BRILL. This book was released on 2008-08-31 with total page 304 pages. Available in PDF, EPUB and Kindle. 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 and Islamic Law

Author : Mashood A. Baderin
Publisher : OUP Oxford
ISBN 13 : 0191021822
Total Pages : 302 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Human Rights and Islamic Law by : Mashood A. Baderin

Download or read book International Human Rights and Islamic Law written by Mashood A. Baderin and published by OUP Oxford. This book was released on 2003-09-11 with total page 302 pages. Available in PDF, EPUB and Kindle. 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 and Islam

Author : Abdullah Saeed
Publisher : Edward Elgar Publishing
ISBN 13 : 1784716588
Total Pages : 333 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Human Rights and Islam by : Abdullah Saeed

Download or read book Human Rights and Islam written by Abdullah Saeed and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

Accommodating Muslims under Common Law

Author : Salim Farrar
Publisher : Routledge
ISBN 13 : 1317964225
Total Pages : 215 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Accommodating Muslims under Common Law by : Salim Farrar

Download or read book Accommodating Muslims under Common Law written by Salim Farrar and published by Routledge. This book was released on 2016-07-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.

Shariʿa, Justice and Legal Order

Author : Rudolph Peters
Publisher : BRILL
ISBN 13 : 9004420622
Total Pages : 726 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Shariʿa, Justice and Legal Order by : Rudolph Peters

Download or read book Shariʿa, Justice and Legal Order written by Rudolph Peters and published by BRILL. This book was released on 2020-08-03 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods

Criminal Law of Islam

Author : ʻAbd al-Qādir ʻAwdah
Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Criminal Law of Islam by : ʻAbd al-Qādir ʻAwdah

Download or read book Criminal Law of Islam written by ʻAbd al-Qādir ʻAwdah and published by . This book was released on 1999 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Women and Muslim Family Laws in Arab States

Author : Lynn Welchman
Publisher : Amsterdam University Press
ISBN 13 : 905356974X
Total Pages : 255 pages
Book Rating : 4.0/5 (535 download)

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Book Synopsis Women and Muslim Family Laws in Arab States by : Lynn Welchman

Download or read book Women and Muslim Family Laws in Arab States written by Lynn Welchman and published by Amsterdam University Press. This book was released on 2007 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.

Islamic Criminal Law in Northern Nigeria

Author : Gunnar J. Weimann
Publisher : Amsterdam University Press
ISBN 13 : 9056296558
Total Pages : 205 pages
Book Rating : 4.0/5 (562 download)

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Book Synopsis Islamic Criminal Law in Northern Nigeria by : Gunnar J. Weimann

Download or read book Islamic Criminal Law in Northern Nigeria written by Gunnar J. Weimann and published by Amsterdam University Press. This book was released on 2010 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.

A Bibliography of Islamic Criminal Law

Author : Olaf Köndgen
Publisher : BRILL
ISBN 13 : 9004472789
Total Pages : 467 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Bibliography of Islamic Criminal Law by : Olaf Köndgen

Download or read book A Bibliography of Islamic Criminal Law written by Olaf Köndgen and published by BRILL. This book was released on 2021-12-06 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

Gender Justice in Islamic Law

Author : Musa Usman Abubakar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915087
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Gender Justice in Islamic Law by : Musa Usman Abubakar

Download or read book Gender Justice in Islamic Law written by Musa Usman Abubakar and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.

Religious Legal Traditions, International Human Rights Law and Muslim States

Author : Kamran Hashemi
Publisher : BRILL
ISBN 13 : 900416555X
Total Pages : 305 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Religious Legal Traditions, International Human Rights Law and Muslim States by : Kamran Hashemi

Download or read book Religious Legal Traditions, International Human Rights Law and Muslim States written by Kamran Hashemi and published by BRILL. This book was released on 2008 with total page 305 pages. Available in PDF, EPUB and Kindle. 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.

Crime and Punishment in Islamic Law

Author : Rudolph Peters
Publisher : Cambridge University Press
ISBN 13 : 9780521792264
Total Pages : 242 pages
Book Rating : 4.7/5 (922 download)

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Book Synopsis Crime and Punishment in Islamic Law by : Rudolph Peters

Download or read book Crime and Punishment in Islamic Law written by Rudolph Peters and published by Cambridge University Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

The Organization of Islamic Cooperation and Human Rights

Author : Marie Juul Petersen
Publisher : University of Pennsylvania Press
ISBN 13 : 0812251199
Total Pages : 344 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Organization of Islamic Cooperation and Human Rights by : Marie Juul Petersen

Download or read book The Organization of Islamic Cooperation and Human Rights written by Marie Juul Petersen and published by University of Pennsylvania Press. This book was released on 2019-07-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Religious Actors and International Law

Author : Ioana Cismas
Publisher : OUP Oxford
ISBN 13 : 019102189X
Total Pages : 401 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Religious Actors and International Law by : Ioana Cismas

Download or read book Religious Actors and International Law written by Ioana Cismas and published by OUP Oxford. This book was released on 2014-07-17 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.