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Author: Niaz Shah Publisher: BRILL ISBN: 9047410173 Category : Law Languages : en Pages : 273
Book Description
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: Niaz A. Shah Publisher: Martinus Nijhoff Publishers ISBN: 9004152377 Category : Law Languages : en Pages : 274
Book Description
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: Niaz Shah Publisher: BRILL ISBN: 9047410173 Category : Law Languages : en Pages : 273
Book Description
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: Anver M. Emon Publisher: OUP Oxford ISBN: 0191645702 Category : Law Languages : en Pages : 416
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: Ekaterina Yahyaoui Krivenko Publisher: BRILL ISBN: 9004171444 Category : Political Science Languages : en Pages : 281
Book Description
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: Mark S. Ellis Publisher: Oxford University Press ISBN: 0199641447 Category : Law Languages : en Pages : 417
Book Description
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: 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: Nisrine Abiad Publisher: BIICL ISBN: 9781905221417 Category : Law Languages : en Pages : 276
Book Description
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: Mashood Baderin Publisher: Oxford University Press, USA ISBN: 9780198738039 Category : Languages : en Pages : 410
Book Description
Are human rights and Islamic law compatible? Can Muslim States comply with international human rights law whilst adhering to Islamic law? In this fully updated volume, international human rights law is placed in dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States through an analysis of each article of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women in light of the Islamic legal tradition. International Human Rights and Islamic Law formulates a synthesis between what can be perceived as two extremes, arguing that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. This volume concludes that it is possible to harmonize 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 'maqasid al-shari'ah' (the overall objective of Shari'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.
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: Niaz Shah
Author: Niaz A. Shah
Author: Niaz Shah
Author: 
Author: Anver M. Emon
Author: Ekaterina Yahyaoui Krivenko
Author: Mark S. Ellis
Author: Shaheen S. Ali
Author: Nisrine Abiad
Author: Mashood Baderin
Author: Abdullah Saeed