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Author: Kamran Hashemi
Publisher: BRILL
ISBN: 900416555X
Category : Law
Languages : en
Pages : 305
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Book Description
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.
Author: Kamran Hashemi
Publisher: BRILL
ISBN: 900416555X
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
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.
Author: Abdullah Saeed
Publisher: Edward Elgar Publishing
ISBN: 1784716588
Category : Law
Languages : en
Pages : 333
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Book Description
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.
Author: Anver M. Emon
Publisher: OUP Oxford
ISBN: 0191645702
Category : Law
Languages : en
Pages : 416
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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.
Author: Kamran Hashemi
Publisher: BRILL
ISBN: 9047431537
Category : Law
Languages : en
Pages : 304
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Book Description
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.
Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
ISBN: 0190064633
Category : Law
Languages : en
Pages : 329
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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"--
Author: Natan Lerner
Publisher: Martinus Nijhoff Publishers
ISBN: 900423215X
Category : Social Science
Languages : en
Pages : 307
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Book Description
Intended for law schools, human rights scholars and activists, and international organizations, this book discusses the legal meaning of religion and belief, the UN work in this respect, religious minorities, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and other relevant issues.
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: MashoodA. Baderin
Publisher: Routledge
ISBN: 1351562320
Category : Law
Languages : en
Pages : 669
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Book Description
The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.
Author: Marie Juul Petersen
Publisher: University of Pennsylvania Press
ISBN: 0812251199
Category : Political Science
Languages : en
Pages : 344
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Book Description
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.
Author: Khaled Ramadan Bashir
Publisher: Edward Elgar Publishing
ISBN: 1788113861
Category : Law
Languages : en
Pages : 297
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Book Description
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
