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Author: Abdullah Saeed Publisher: Edward Elgar Publishing ISBN: 1784716588 Category : Law Languages : en Pages : 288
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: Abdullah Saeed Publisher: Edward Elgar Publishing ISBN: 1784716588 Category : Law Languages : en Pages : 288
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: Sohrab Behdad Publisher: Routledge ISBN: 1134206747 Category : Political Science Languages : en Pages : 278
Book Description
This is a new examination of how Shari’a law affects public policy both theoretically and in practice, across a wide range of public policy areas, including for example human rights and family law. The process by which public policy is decided - through elections, debates, political processes, and political discourse - has an additional dimension in the Islamic world. This is because Shari'a (divine law) has a great deal to say on many mundane matters of everyday life and must be taken into account in matters of public policy. In addition, matters are complicated further by the fact that there are differing interpretations of the Shari'a and how it should be applied to contemporary social issues. Written by leading experts in their field, this is the first comprehensive single volume analysis of Islam and public policy in the English language and offers further understanding of Islam and its wider social and political implications.
Author: Ann Elizabeth Mayer Publisher: Pinter Publishers ISBN: Category : Civil rights Languages : en Pages : 256
Book Description
Contesting stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective use of elements of the Islamic tradition by conservative groups opposed to democracy and human rights.
Author: Tommaso Virgili Publisher: Routledge ISBN: 0429535090 Category : Law Languages : en Pages : 214
Book Description
This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.
Author: Anver M. Emon Publisher: OUP Oxford ISBN: 0191645699 Category : Law Languages : en Pages : 417
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: Shireen Hunter Publisher: CSIS ISBN: 9780892064717 Category : Political Science Languages : en Pages : 156
Book Description
In the last few years, issues related to human rights, including encouraging the democratization of Muslim societies from the Middle East to Southeast Asia, have acquired great importance in shaping the character of U.S.-Muslim relations and U.S. policy toward Muslim countries. An important impetus behind this development were the tragic events of 9/11, which demonstrated the destructive potential of militant groups that use a distorted interpretation of Islam as justification for their actions. These events also led to a greater realization by the United States--and the West--that a lack of democracy and lack of respect for human rights have been contributory factors to the rise of militant Islam. Consequently, in its approach toward the Muslim world, the United States has emphasized the themes of human rights and democracy. Within the Islamic world, too, both secular and moderate Islamists have begun focusing on issues related to human rights. Although many conservative Muslims believe that Islam is incompatible with Western notions of democracy and human rights, reformist Muslim thinkers and activists maintain that a proper reading of Islamic injunctions and the ethical values underpinning those injunctions shows there is no such incompatibility. Complicating the debate is the fact that many Muslims--secular as well as conservative and reformist--doubt the seriousness of the U.S. commitment to the cause of human rights and democracy in the Muslim world, believing that the United States applies human rights' standards selectively to suit its strategic and economic interests. Irrespective of the validity of these charges, they are part of the context of the U.S.-Muslim dialogue on human rights. And it is this complex dialogue that this volume seeks to advance.
Author: David Claydon Publisher: ISBN: 9780908284764 Category : Australia Languages : en Pages : 282
Book Description
In this ground-breaking Australian book, a diverse group of international writers, scholars, and commentators shed light on some of the most pressing human rights and public policy challenges of our time. Contributors include thinkers of Muslim background with extensive personal experience in developing countries, and Western writers of both secular and religious orientation. Individual essays deal with the human rights of Muslims and non-Muslims alike, in areas ranging from women's rights to freedom of religion. Another valuable focus is on the challenges of adaptation that immigrant Muslim communities in the west face, as do non-Muslims as they seek to understand and come to terms with different Muslims' world views. Contentious areas of debate such as the sources of religious violence. and the implications of so-called islamisation, are not avoided, but addressed with openness, honesty, and candour. Other specific topics include multi-faith dialogue, Islamic finance, and the nature of Islamic law (Sharia). The book concludes with a set of practical concrete recommendations for individualss directly involved in setting relevant public policies.
Author: Basma I. Abdelgafar Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1642052310 Category : Political Science Languages : en Pages : 33
Book Description
This work charts new territory in Islamic scholarship by attempting to address the field of public policy from a maqasid (higher objectives of the Shariah) perspective. Public Policy is an independent discipline from both law and politics. Thus, Public Policy in Islam is introduced here as a qualitatively different enterprise from both fiqh (Islamic jurisprudence) and siyasah shar’iyyah (Shariah-oriented politics). The book deals with a number of critical topics that include methodology, governance, human rights, ethics, political power, and reform and renewal. It highlights how the maqasid approach is indispensable to the theory and practice of public policy in Islam, how it could resolve some of the most persistent governance dilemmas throughout Muslim history, but more significantly, how it forces a re-conceptualisation of the wealth of knowledge available in Islam’s primary sources to introduce Public Policy in Islam to mainstream policy studies.
Author: Shaheen S. Ali Publisher: BRILL ISBN: 9004479953 Category : Law Languages : en Pages : 380
Book Description
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: Abdullah Saeed
Author: Abdullah Saeed
Author: Sohrab Behdad
Author: Ann Elizabeth Mayer
Author: Tommaso Virgili
Author: Syed Abul ʻAla Maudoodi
Author: Anver M. Emon
Author: Shireen Hunter
Author: David Claydon
Author: Basma I. Abdelgafar
Author: Shaheen S. Ali