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Author: Lutforahman Saeed
Publisher: Springer Nature
ISBN: 3030830861
Category : Law
Languages : en
Pages : 223
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Book Description
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.
Author: Lutforahman Saeed
Publisher: Springer Nature
ISBN: 3030830861
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
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.
Author: Abdulaziz Sachedina
Publisher: Oxford University Press
ISBN: 0199741697
Category : Religion
Languages : en
Pages : 266
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Book Description
In 1948, the General Assembly of the United Nations adopted and proclaimed the International Declaration of Human Rights, a document designed to hold both individuals and nations accountable for their treatment of fellow human beings, regardless of religious or cultural affiliations. Since then, the compatibility of Islam and human rights has emerged as a particularly thorny issue of international concern, and has been addressed by Muslim rulers, conservatives, and extremists, as well as Western analysts and policymakers; all have commonly agreed that Islamic theology and human rights cannot coexist. Abdulaziz Sachedina rejects this informal consensus, arguing instead for the essential compatibility of Islam and human rights. He offers a balanced and incisive critique of Western experts who have ignored or underplayed the importance of religion to the development of human rights, contending that any theory of universal rights necessarily emerges out of particular cultural contexts. At the same time, he re-examines the juridical and theological traditions that form the basis of conservative Muslim objections to human rights, arguing that Islam, like any culture, is open to development and change. Finally, and most importantly, Sachedina articulates a fresh position that argues for a correspondence between Islam and secular notions of human rights.
Author: Mashood A. Baderin
Publisher: OUP Oxford
ISBN: 0191021822
Category : Law
Languages : en
Pages : 302
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Book 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.
Author: Daniel Philpott
Publisher: Oxford University Press
ISBN: 0190908203
Category : Law
Languages : en
Pages : 273
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Book Description
Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.
Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
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Book Description
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.
Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 247
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Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Syed Abul ʻAla Maudoodi
Publisher: Revival
ISBN:
Category : Law
Languages : en
Pages : 48
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Book Description
A short exposition of the value and concept of human rights in Islam as noted in the Quran and Sunnah
Author: ʻAbd Allāh Aḥmad Naʻīm
Publisher: Zed Books
ISBN: 9781842770931
Category : Family & Relationships
Languages : en
Pages : 340
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Book Description
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
Author: Mohammad Hashim Kamali
Publisher:
ISBN:
Category : Freedom of expression (Islamic law)
Languages : en
Pages : 374
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Book Description
Freedom of Expression in Islam is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour. Distinguished by its clarity and readability, this book is not only essential reading for anyone interested in Islamic law, in Muslim society or in issues of comparative jurisprudence, but is also an important contribution to the current debate concerning the definition and limits of the principle of free speech. Suitable for undergraduate and post-graduate courses in Islamic Studies, Comparative Jurisprudence and Political Theory.
Author: Emine Enise Yakar
Publisher: Routledge
ISBN: 1000456374
Category : Law
Languages : en
Pages : 312
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Book Description
This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
