Women Islam And International Law

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 : Shaheen S. Ali
Publisher : BRILL
ISBN 13 : 9004479953
Total Pages : 380 pages
Book Rating : 4.51/5 ( download)

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Download or read book Gender and Human Rights in Islam and International Law written by Shaheen S. Ali and published by BRILL. This book was released on 2021-11-08 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.

Author : Mona Samadi
Publisher : BRILL
ISBN 13 : 9004446958
Total Pages : 234 pages
Book Rating : 4.53/5 ( download)

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Download or read book Advancing the Legal Status of Women in Islamic Law written by Mona Samadi and published by BRILL. This book was released on 2021-05-25 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.

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 : Niaz Shah
Publisher : BRILL
ISBN 13 : 9047410173
Total Pages : 273 pages
Book Rating : 4.71/5 ( download)

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Download or read book Women, the Koran and International Human Rights Law written by Niaz Shah and published by BRILL. This book was released on 2006-11-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.

Author : MashoodA. Baderin
Publisher : Routledge
ISBN 13 : 1351562320
Total Pages : 993 pages
Book Rating : 4.24/5 ( download)

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Download or read book International Law and Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Anver M. Emon
Publisher : OUP Oxford
ISBN 13 : 0191645699
Total Pages : 417 pages
Book Rating : 4.93/5 ( download)

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Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : 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 : Shaheen Ali
Publisher : Springer
ISBN 13 :
Total Pages : 394 pages
Book Rating : 4.06/5 ( download)

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Download or read book Gender and Human Rights in Islam and International Law:Equal Before Allah, Unequal Before Man? written by Shaheen Ali and published by Springer. This book was released on 2000-01-31 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Muslims in the Islamic.

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.