Islamic Law and International Human Rights Law

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Publisher : OUP Oxford
ISBN 13 : 0191645702
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Islamic Law and International Human Rights Law by : Anver M. Emon

Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 416 pages. Available in PDF, EPUB and Kindle. 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.

Justice and Human Rights in Islamic Law

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Publisher : International Law Inst
ISBN 13 : 9780935328844
Total Pages : 114 pages
Book Rating : 4.3/5 (288 download)

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Book Synopsis Justice and Human Rights in Islamic Law by : Gerald E. Lampe

Download or read book Justice and Human Rights in Islamic Law written by Gerald E. Lampe and published by International Law Inst. This book was released on 1997-08-01 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice and Human Rights in Islamic Law

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Publisher :
ISBN 13 :
Total Pages : 126 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Justice and Human Rights in Islamic Law by : Gerald E. Lampe

Download or read book Justice and Human Rights in Islamic Law written by Gerald E. Lampe and published by . This book was released on 1997 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights in Islam

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Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Human Rights in Islam by : Syed Abul ʻAla Maudoodi

Download or read book Human Rights in Islam written by Syed Abul ʻAla Maudoodi and published by . This book was released on 1976 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: A short exposition of the value and concept of human rights in Islam as noted in the Quran and Sunnah

International Human Rights and Islamic Law

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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.

Justice and Human Rights in Islamic Law

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Publisher :
ISBN 13 : 9789380013152
Total Pages : 288 pages
Book Rating : 4.0/5 (131 download)

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Book Synopsis Justice and Human Rights in Islamic Law by : Wasiyoddin Riyajoddin Mujawar

Download or read book Justice and Human Rights in Islamic Law written by Wasiyoddin Riyajoddin Mujawar and published by . This book was released on 2009 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic Law and International Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0199641447
Total Pages : 417 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Islamic Law and International Human Rights Law by : Mark S. Ellis

Download or read book Islamic Law and International Human Rights Law written by Mark S. Ellis and published by Oxford University Press. This book was released on 2012-10-11 with total page 417 pages. Available in PDF, EPUB and Kindle. 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.

Islam, Custom and Human Rights

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Author :
Publisher : Springer Nature
ISBN 13 : 3030830861
Total Pages : 223 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Islam, Custom and Human Rights by : Lutforahman Saeed

Download or read book Islam, Custom and Human Rights written by Lutforahman Saeed and published by Springer Nature. This book was released on 2021-10-29 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights–driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.

Social Justice and Human Rights in Islam

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Publisher : Gyan Publishing House
ISBN 13 : 9788121205924
Total Pages : 314 pages
Book Rating : 4.2/5 (59 download)

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Book Synopsis Social Justice and Human Rights in Islam by : N. K. Singh

Download or read book Social Justice and Human Rights in Islam written by N. K. Singh and published by Gyan Publishing House. This book was released on 1998 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Justice and Human Rights in Islam lays emphasis on the revival of true Islamic form of social justice and human rights form the beginning to present day. Rights and justice are the most important constitutional principles which have been confirmed both in the Qur'an and the Hadith. Both these concepts as formulated in Islam, are comprehensive and encompass all aspects of human life which governs all kinds of relations in life. It is insufficient to say that Islam should have been a living force in the past and it has produced a well-constructed and balanced society in the time of the Prophet and in the age of the Caliphate. Since that time, there have been immense changes in human life. There have been material changes on the Earth and in its power relative to man. All these points have been carefully discussed in this book.

Islam and the Rule of Justice

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Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen

Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Gender and Equality in Muslim Family Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 0857721690
Total Pages : 288 pages
Book Rating : 4.8/5 (577 download)

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Book Synopsis Gender and Equality in Muslim Family Law by : Lena Larsen

Download or read book Gender and Equality in Muslim Family Law written by Lena Larsen and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "

Religion, Human Rights and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900415826X
Total Pages : 593 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Religion, Human Rights and International Law by : Javaid Rehman

Download or read book Religion, Human Rights and International Law written by Javaid Rehman and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Islamic Criminal Justice System

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Publisher :
ISBN 13 : 9780379207453
Total Pages : 255 pages
Book Rating : 4.2/5 (74 download)

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Book Synopsis The Islamic Criminal Justice System by : M. Cherif Bassiouni

Download or read book The Islamic Criminal Justice System written by M. Cherif Bassiouni and published by . This book was released on 1982 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: al-Awwa.

Misconceptions on Human Rights in Islam

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Publisher : Bright Sparks
ISBN 13 : 9789960390536
Total Pages : 184 pages
Book Rating : 4.3/5 (95 download)

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Book Synopsis Misconceptions on Human Rights in Islam by : Abdul Rahman Al-Sheha

Download or read book Misconceptions on Human Rights in Islam written by Abdul Rahman Al-Sheha and published by Bright Sparks. This book was released on 2001 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islam and Justice

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Publisher :
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Islam and Justice by : Lawyers Committee for Human Rights (U.S.)

Download or read book Islam and Justice written by Lawyers Committee for Human Rights (U.S.) and published by . This book was released on 1997 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. Viewpoints on Diverse Country Situations.

Freedom, Equality and Justice in Islam

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Publisher :
ISBN 13 : 9781903682012
Total Pages : 184 pages
Book Rating : 4.6/5 (82 download)

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Book Synopsis Freedom, Equality and Justice in Islam by : Mohammad Hashim Kamali

Download or read book Freedom, Equality and Justice in Islam written by Mohammad Hashim Kamali and published by . This book was released on 2002 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Freedom, Equality and Justice in Islam, M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. Freedom, Equality and Justice in Islam is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with The Dignity of Man: An Islamic Perspective and Freedom of Expression in Islam.

In Pursuit of Justice

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Publisher :
ISBN 13 : 9780977440405
Total Pages : 485 pages
Book Rating : 4.4/5 (44 download)

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Book Synopsis In Pursuit of Justice by : Maher Hathout

Download or read book In Pursuit of Justice written by Maher Hathout and published by . This book was released on 2006 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: