Sharia Muslim States And International Human Rights Treaty Obligations

Author : Nisrine Abiad
Publisher : BIICL
ISBN 13 : 9781905221417
Total Pages : 276 pages
Book Rating : 4.1X/5 ( download)

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Download or read book Sharia, Muslim States and International Human Rights Treaty Obligations written by Nisrine Abiad and published by BIICL. This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Author : Paul McDonough
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919716
Total Pages : 305 pages
Book Rating : 4.10/5 ( download)

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Download or read book Human Rights Commitments of Islamic States written by Paul McDonough and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

Author : Mashood A. Baderin
Publisher : OUP Oxford
ISBN 13 : 0191021822
Total Pages : 302 pages
Book Rating : 4.24/5 ( download)

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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.

Author : Ekaterina Yahyaoui Krivenko
Publisher : BRILL
ISBN 13 : 9004171444
Total Pages : 281 pages
Book Rating : 4.42/5 ( download)

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Download or read book Women, Islam and International Law written by Ekaterina Yahyaoui Krivenko and published by BRILL. This book was released on 2009 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.

Author : Kamran Hashemi
Publisher : BRILL
ISBN 13 : 9047431537
Total Pages : 304 pages
Book Rating : 4.34/5 ( download)

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Download or read book Religious Legal Traditions, International Human Rights Law and Muslim States written by Kamran Hashemi and published by BRILL. This book was released on 2008-08-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Glenn L. Roberts
Publisher : Universal-Publishers
ISBN 13 : 1581123477
Total Pages : 128 pages
Book Rating : 4.70/5 ( download)

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Download or read book Islamic Human Rights and International Law written by Glenn L. Roberts and published by Universal-Publishers. This book was released on 2006-12 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."

Author : Mark S. Ellis
Publisher : Oxford University Press
ISBN 13 : 0199641447
Total Pages : 417 pages
Book Rating : 4.44/5 ( download)

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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.

Author : Mashood A. Baderin
Publisher : Oxford University Press, USA
ISBN 13 : 0199665591
Total Pages : 177 pages
Book Rating : 4.94/5 ( download)

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Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.

Author : Javaid Rehman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900415826X
Total Pages : 593 pages
Book Rating : 4.69/5 ( download)

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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.

Author : Turan Kayaoglu
Publisher : Routledge
ISBN 13 : 1317615220
Total Pages : 172 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Organization of Islamic Cooperation written by Turan Kayaoglu and published by Routledge. This book was released on 2015-05-22 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization of Islamic Cooperation (OIC) is the world’s leading international Islamic organization. Turan Kayaoglu provides the first accessible and concise introduction and overview of this important organization. This book details the OIC’s struggle to address popular Muslim demands balanced against the member states’ reluctance to support the OIC politically and materially. Despite this predicament, the organization has made itself increasingly relevant over the last decade through increasing its visibility as the representative body of Muslim unity and promoting its role as a reliable interlocutor on behalf of Muslims in global society. Outlining the history, workings and goals of the OIC, the book also highlights key issues that may influence the OIC’s ability to realize its potential in the future. This will be of great interest to students and scholars of international relations, international organizations and islamic studies.