Author: Olufemi Ojo Ilesanmi
Publisher:
ISBN: 9781780683317
Category : Civil rights (Islamic law).
Languages : en
Pages : 0
Book Description
Islamism, Statehood and Human Rights contributes to the ongoing universalist-relativist debate in international relations and law. At the heart of the book is the question of whether religious and political philosophies of contemporary Islamic regimes are compatible with human rights originating from the secular tradition of the West.
Islamism, Statehood and Human Rights
Author: Olufemi Ojo Ilesanmi
Publisher:
ISBN: 9781780683317
Category : Civil rights (Islamic law).
Languages : en
Pages : 0
Book Description
Islamism, Statehood and Human Rights contributes to the ongoing universalist-relativist debate in international relations and law. At the heart of the book is the question of whether religious and political philosophies of contemporary Islamic regimes are compatible with human rights originating from the secular tradition of the West.
Publisher:
ISBN: 9781780683317
Category : Civil rights (Islamic law).
Languages : en
Pages : 0
Book Description
Islamism, Statehood and Human Rights contributes to the ongoing universalist-relativist debate in international relations and law. At the heart of the book is the question of whether religious and political philosophies of contemporary Islamic regimes are compatible with human rights originating from the secular tradition of the West.
Effective Governance Under Anarchy
Author: Tanja A. Börzel
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381
Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381
Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Constitutionalism, Human Rights, and Islam after the Arab Spring
Author: Rainer Grote
Publisher: Oxford University Press
ISBN: 0190627662
Category : Law
Languages : en
Pages : 993
Book Description
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
Publisher: Oxford University Press
ISBN: 0190627662
Category : Law
Languages : en
Pages : 993
Book Description
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
Islamic Law and International Law
Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
ISBN: 0190064633
Category : Law
Languages : en
Pages : 329
Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Publisher: Oxford University Press, USA
ISBN: 0190064633
Category : Law
Languages : en
Pages : 329
Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Women and Muslim Family Laws in Arab States
Author: Lynn Welchman
Publisher: Amsterdam University Press
ISBN: 905356974X
Category : Social Science
Languages : en
Pages : 255
Book Description
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.
Publisher: Amsterdam University Press
ISBN: 905356974X
Category : Social Science
Languages : en
Pages : 255
Book Description
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.
Religious Minorities, Islam and the Law
Author: Al Khanif
Publisher: Routledge
ISBN: 1000168565
Category : History
Languages : en
Pages : 223
Book Description
This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.
Publisher: Routledge
ISBN: 1000168565
Category : History
Languages : en
Pages : 223
Book Description
This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.
Constitutionalism in Islamic Countries: Between Upheaval and Continuity
Author: Rainer Grote
Publisher: Oxford University Press, USA
ISBN: 019975988X
Category : History
Languages : en
Pages : 755
Book Description
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Publisher: Oxford University Press, USA
ISBN: 019975988X
Category : History
Languages : en
Pages : 755
Book Description
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Islamic Law and International Human Rights Law
Author: Anver M. Emon
Publisher: OUP Oxford
ISBN: 0191645702
Category : Law
Languages : en
Pages : 2019
Book 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.
Publisher: OUP Oxford
ISBN: 0191645702
Category : Law
Languages : en
Pages : 2019
Book 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.
Islamic Family Law in a Changing World
Author: ʻAbd Allāh Aḥmad Naʻīm
Publisher: Zed Books
ISBN: 9781842770931
Category : Family & Relationships
Languages : en
Pages : 340
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.
Publisher: Zed Books
ISBN: 9781842770931
Category : Family & Relationships
Languages : en
Pages : 340
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.
The Politics of Islamism
Author: John L. Esposito
Publisher: Springer
ISBN: 3319622560
Category : Religion
Languages : en
Pages : 301
Book Description
This book offers a nuanced and muti-layered approach towards comprehending the possibilities of democratization or likelihood of authoritarian resilience in the Muslim world. The volume highlights the complex diversity within Islamist movements and parties— characterised by internal tensions, struggles and contestations. The very existence of this diversity within and among Islamist movements, and their general willingness to partake in mainstream politics, signals an important transformation in the Muslim world over recent decades. It demonstrates that the Muslim world has gravitated from the simplistic focus on the compatibility or incompatibility of Islam and democracy. Islamist movements and parties embody the multiple manifestations and trajectories within political Islam. The granular case-studies and theological analyses in this volume draw attention to the policy refinements, socio-political reforms and ideological transformations engendered by Muslim intellectuals and Islamist movements and ideologues. The diverse political landscape in the Muslim world is inextricably linked to the socio-political and theological shifts within Islamism—in particular, the yearning for greater social, economic and political justice, a yearning that lies at the core of an inclusive wasatiyyah Islam.
Publisher: Springer
ISBN: 3319622560
Category : Religion
Languages : en
Pages : 301
Book Description
This book offers a nuanced and muti-layered approach towards comprehending the possibilities of democratization or likelihood of authoritarian resilience in the Muslim world. The volume highlights the complex diversity within Islamist movements and parties— characterised by internal tensions, struggles and contestations. The very existence of this diversity within and among Islamist movements, and their general willingness to partake in mainstream politics, signals an important transformation in the Muslim world over recent decades. It demonstrates that the Muslim world has gravitated from the simplistic focus on the compatibility or incompatibility of Islam and democracy. Islamist movements and parties embody the multiple manifestations and trajectories within political Islam. The granular case-studies and theological analyses in this volume draw attention to the policy refinements, socio-political reforms and ideological transformations engendered by Muslim intellectuals and Islamist movements and ideologues. The diverse political landscape in the Muslim world is inextricably linked to the socio-political and theological shifts within Islamism—in particular, the yearning for greater social, economic and political justice, a yearning that lies at the core of an inclusive wasatiyyah Islam.