Author: Gesellschaft für Arabisches und Islamisches Recht. Jahrestagung
Publisher: Peter Lang
ISBN: 9783631578483
Category : Law
Languages : en
Pages : 590
Book Description
Dieser von der Gesellschaft für Arabisches und Islamisches Recht (GAIR) veröffentlichte und von Hatem Elliesie herausgegebene dreisprachige Band basiert auf einer in Kooperation mit dem Deutschen Institut für Menschenrechte 2007 in Berlin veranstalteten Tagung anlässlich des 10-jährigen Jubiläums der GAIR. Thematisch widmet sich der Band dem Thema «Islam und Menschenrechte», wozu Wissenschaftler und Praktiker aus den unterschiedlichsten Fachgebieten und Ländern beigetragen haben. This trilingual volume, published by the Gesellschaft für Arabisches und Islamisches Recht (GAIR), and edited by Hatem Elliesie, is based on a conference, on the occasion of its 10th Annual Anniversary 2007 in Berlin, carried out in cooperation with the German Institute for Human Rights. The publication addresses the issue of «Islam and Human Rights», to which academics and practioners of various areas of expertise and countries have contributed.
Beiträge Zum Islamischen Recht VII
Author: Gesellschaft für Arabisches und Islamisches Recht. Jahrestagung
Publisher: Peter Lang
ISBN: 9783631578483
Category : Law
Languages : en
Pages : 590
Book Description
Dieser von der Gesellschaft für Arabisches und Islamisches Recht (GAIR) veröffentlichte und von Hatem Elliesie herausgegebene dreisprachige Band basiert auf einer in Kooperation mit dem Deutschen Institut für Menschenrechte 2007 in Berlin veranstalteten Tagung anlässlich des 10-jährigen Jubiläums der GAIR. Thematisch widmet sich der Band dem Thema «Islam und Menschenrechte», wozu Wissenschaftler und Praktiker aus den unterschiedlichsten Fachgebieten und Ländern beigetragen haben. This trilingual volume, published by the Gesellschaft für Arabisches und Islamisches Recht (GAIR), and edited by Hatem Elliesie, is based on a conference, on the occasion of its 10th Annual Anniversary 2007 in Berlin, carried out in cooperation with the German Institute for Human Rights. The publication addresses the issue of «Islam and Human Rights», to which academics and practioners of various areas of expertise and countries have contributed.
Publisher: Peter Lang
ISBN: 9783631578483
Category : Law
Languages : en
Pages : 590
Book Description
Dieser von der Gesellschaft für Arabisches und Islamisches Recht (GAIR) veröffentlichte und von Hatem Elliesie herausgegebene dreisprachige Band basiert auf einer in Kooperation mit dem Deutschen Institut für Menschenrechte 2007 in Berlin veranstalteten Tagung anlässlich des 10-jährigen Jubiläums der GAIR. Thematisch widmet sich der Band dem Thema «Islam und Menschenrechte», wozu Wissenschaftler und Praktiker aus den unterschiedlichsten Fachgebieten und Ländern beigetragen haben. This trilingual volume, published by the Gesellschaft für Arabisches und Islamisches Recht (GAIR), and edited by Hatem Elliesie, is based on a conference, on the occasion of its 10th Annual Anniversary 2007 in Berlin, carried out in cooperation with the German Institute for Human Rights. The publication addresses the issue of «Islam and Human Rights», to which academics and practioners of various areas of expertise and countries have contributed.
Islamic Law in Past and Present
Author: Mathias Rohe
Publisher: BRILL
ISBN: 9004281800
Category : Law
Languages : en
Pages : 676
Book Description
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Publisher: BRILL
ISBN: 9004281800
Category : Law
Languages : en
Pages : 676
Book Description
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Islam and International Law
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004233369
Category : Religion
Languages : en
Pages : 488
Book Description
Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004233369
Category : Religion
Languages : en
Pages : 488
Book Description
Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.
The Rule of Law, Freedom of Expression and Islamic Law
Author: Hossein Esmaeili
Publisher: Bloomsbury Publishing
ISBN: 1782257489
Category : Law
Languages : en
Pages : 346
Book Description
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
Publisher: Bloomsbury Publishing
ISBN: 1782257489
Category : Law
Languages : en
Pages : 346
Book Description
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
Tensions within and between Religions and Human Rights
Author: Johannes A. van der Ven
Publisher: BRILL
ISBN: 9004218696
Category : Philosophy
Languages : en
Pages : 261
Book Description
This volume contains theoretical and empirical articles on tensions within and between religion and human rights. There are conflicts in the past histories of Christianity and Islam in regard to human rights, but also in contemporary history. There are also tensions in the sphere of human rights, like the relation between natural law and human rights, morality and law, liberty and equality, civil rights and socio-economic rights, and more specific ones, like the rights of humans and citizens, religious freedom and the separation of church and state, religious freedom and freedom of speech, and the state and religion on social welfare provisions. The volume aims at theoretical clarification and empirical exploration on data from 14 countries. Contributors include: Jean-Pierre Wils, Piet Hein van Kempen, Mathias Rohe, Johannes (Hans) van der Ven, Anders Sjöborg, Raymond J. Webb, Jack Curran, Marion Reindl, Leo W.J.M. van der Tuin, Clement D. Fumbo, and Hans-Georg Ziebertz.
Publisher: BRILL
ISBN: 9004218696
Category : Philosophy
Languages : en
Pages : 261
Book Description
This volume contains theoretical and empirical articles on tensions within and between religion and human rights. There are conflicts in the past histories of Christianity and Islam in regard to human rights, but also in contemporary history. There are also tensions in the sphere of human rights, like the relation between natural law and human rights, morality and law, liberty and equality, civil rights and socio-economic rights, and more specific ones, like the rights of humans and citizens, religious freedom and the separation of church and state, religious freedom and freedom of speech, and the state and religion on social welfare provisions. The volume aims at theoretical clarification and empirical exploration on data from 14 countries. Contributors include: Jean-Pierre Wils, Piet Hein van Kempen, Mathias Rohe, Johannes (Hans) van der Ven, Anders Sjöborg, Raymond J. Webb, Jack Curran, Marion Reindl, Leo W.J.M. van der Tuin, Clement D. Fumbo, and Hans-Georg Ziebertz.
Peaceful Jihad
Author: Peter Enz-Harlass
Publisher: Bloomsbury Publishing
ISBN: 0755647173
Category : Political Science
Languages : en
Pages : 273
Book Description
Human rights abuses and violations in Saudi Arabia attract international condemnation. But within the country, an Islamic civil rights movement, 'HASM', has called for change. While its members have received international human rights awards, the Saudi authorities have persecuted and imprisoned them. This book is the first to study human rights in the kingdom from the perspective of these prominent Saudi civil rights activists, uncovering the actual ideas that motivate their activism. Based on analysis of the group's texts, the book highlights that HASM neither supports an overthrow of the government, of which they are accused, nor are they “liberal” advocates of universal human rights. Their complex thought is a contribution to contemporary Islamic discourse because they make a case for 'peaceful civil jihad' through the protection of citizens' basic rights, but within a rigid, Salafist interpretation of social affairs that imposes heavy limits on politics, human rights and democracy. Furthermore, HASM's texts use war rhetoric and anti-Semitic language, with different arguments and words for domestic or international audiences. The most comprehensive text on this Islamic civil rights movement, the book employs detailed discourse analysis and includes sources from HASM texts in both Arabic and English.
Publisher: Bloomsbury Publishing
ISBN: 0755647173
Category : Political Science
Languages : en
Pages : 273
Book Description
Human rights abuses and violations in Saudi Arabia attract international condemnation. But within the country, an Islamic civil rights movement, 'HASM', has called for change. While its members have received international human rights awards, the Saudi authorities have persecuted and imprisoned them. This book is the first to study human rights in the kingdom from the perspective of these prominent Saudi civil rights activists, uncovering the actual ideas that motivate their activism. Based on analysis of the group's texts, the book highlights that HASM neither supports an overthrow of the government, of which they are accused, nor are they “liberal” advocates of universal human rights. Their complex thought is a contribution to contemporary Islamic discourse because they make a case for 'peaceful civil jihad' through the protection of citizens' basic rights, but within a rigid, Salafist interpretation of social affairs that imposes heavy limits on politics, human rights and democracy. Furthermore, HASM's texts use war rhetoric and anti-Semitic language, with different arguments and words for domestic or international audiences. The most comprehensive text on this Islamic civil rights movement, the book employs detailed discourse analysis and includes sources from HASM texts in both Arabic and English.
Chains of Justice
Author: Sonia Cardenas
Publisher: University of Pennsylvania Press
ISBN: 0812245393
Category : Law
Languages : en
Pages : 496
Book Description
Sonia Cardenas offers the most comprehensive account to date of the emergence of national human rights institutions, exploring why states create these institutions and examining their impact on contemporary human rights struggles.
Publisher: University of Pennsylvania Press
ISBN: 0812245393
Category : Law
Languages : en
Pages : 496
Book Description
Sonia Cardenas offers the most comprehensive account to date of the emergence of national human rights institutions, exploring why states create these institutions and examining their impact on contemporary human rights struggles.
Let there be no Compulsion in Religion (Sura 2:256)
Author: Christine Schirrmacher
Publisher: Wipf and Stock Publishers
ISBN: 1498291538
Category : Religion
Languages : en
Pages : 620
Book Description
In Christine Schirrmacher's postdoctoral thesis, for the first time one finds reviews of original voices coming from Islamic theology on the topic of religious freedom and apostasy. Arabic, English, French, and Urdu texts have been translated and analyzed and thus made accessible. There are basically three positions which are defended on falling away from the Islamic faith: Complete advocacy of religious freedom, the complete denial of religious freedom with a call for the immediate application of the death penalty for apostates, and the centrist position. The centrist position, however, which allows inner freedom of thought and warns against premature persecution, calls for the death penalty in the case of open apostasy (e.g., in the case of conversion to another faith). Within established Islamic theology, the latter approach is nowadays the most frequent point of view found. These three main positions on apostasy are introduced in this postdoctoral thesis by means of the publications of three influential 20th century theologians: Yusuf al-Qaradawi (b. 1926), Abdullah Saeed (b. 1960), and Abu l-A'la Maududi (1903-1979). They all have followings of many millions of people and have political influence at their disposal. The study explains why in many Muslim majority countries there is still today only very limited or sometimes no freedom of religion (in the sense of the Universal Declaration of Human Rights adopted by the United Nations in 1948) for converts, critical intellectuals, artists and progressive Quranic studies specialists, journalists and secularists, agnostics and confessing atheists, enlightened thinkers, women's rights and human rights activists as well as adherents of non-recognized minorities.
Publisher: Wipf and Stock Publishers
ISBN: 1498291538
Category : Religion
Languages : en
Pages : 620
Book Description
In Christine Schirrmacher's postdoctoral thesis, for the first time one finds reviews of original voices coming from Islamic theology on the topic of religious freedom and apostasy. Arabic, English, French, and Urdu texts have been translated and analyzed and thus made accessible. There are basically three positions which are defended on falling away from the Islamic faith: Complete advocacy of religious freedom, the complete denial of religious freedom with a call for the immediate application of the death penalty for apostates, and the centrist position. The centrist position, however, which allows inner freedom of thought and warns against premature persecution, calls for the death penalty in the case of open apostasy (e.g., in the case of conversion to another faith). Within established Islamic theology, the latter approach is nowadays the most frequent point of view found. These three main positions on apostasy are introduced in this postdoctoral thesis by means of the publications of three influential 20th century theologians: Yusuf al-Qaradawi (b. 1926), Abdullah Saeed (b. 1960), and Abu l-A'la Maududi (1903-1979). They all have followings of many millions of people and have political influence at their disposal. The study explains why in many Muslim majority countries there is still today only very limited or sometimes no freedom of religion (in the sense of the Universal Declaration of Human Rights adopted by the United Nations in 1948) for converts, critical intellectuals, artists and progressive Quranic studies specialists, journalists and secularists, agnostics and confessing atheists, enlightened thinkers, women's rights and human rights activists as well as adherents of non-recognized minorities.
A Bibliography of Islamic Criminal Law
Author: Olaf Köndgen
Publisher: BRILL
ISBN: 9004472789
Category : Law
Languages : en
Pages : 467
Book Description
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.
Publisher: BRILL
ISBN: 9004472789
Category : Law
Languages : en
Pages : 467
Book Description
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.
Truth and Transitional Justice
Author: Alice Panepinto
Publisher: Bloomsbury Publishing
ISBN: 1509921273
Category : Law
Languages : en
Pages : 445
Book Description
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Publisher: Bloomsbury Publishing
ISBN: 1509921273
Category : Law
Languages : en
Pages : 445
Book Description
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.