Women the Koran and International Human Rights Law

Women  the Koran and International Human Rights Law

This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach.

Author: Niaz A. Shah

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004152373

Category: Law

Page: 262

View: 374

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.
Categories: Law

International Law and Islamic Law

International Law and Islamic 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 ...

Author: MashoodA. Baderin

Publisher: Routledge

ISBN: 9781351562331

Category: Law

Page: 706

View: 650

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.
Categories: Law

Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law

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.

Author: Anver M. Emon

Publisher: OUP Oxford

ISBN: 9780199641444

Category: Law

Page: 416

View: 887

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.
Categories: Law

Religious Legal Traditions International Human Rights Law and Muslim States

Religious Legal Traditions  International Human Rights Law and Muslim States

Legal Pluralism in the Arab World (Kluwer Law International, the Hague, ). Shah, Niaz A., Women, the Koran and International Human Rights Law: The Case of Pakistan (Martinus Nijhoff Publishers, Leiden, ).

Author: Kamran Hashemi

Publisher: BRILL

ISBN: 9789004165557

Category: Law

Page: 283

View: 928

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.
Categories: Law

Human Rights in Islamic Law

Human Rights in Islamic Law

Author: Tahir Mahmood

Publisher:

ISBN: UOM:39015043104788

Category: Civil rights (Islamic law)

Page: 176

View: 692

Categories: Civil rights (Islamic law)

Women s Rights and Religious Law

Women s Rights and Religious Law

This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

Author: Fareda Banda

Publisher: Routledge

ISBN: 9781317517658

Category: Law

Page: 328

View: 916

The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
Categories: Law

Islam and Human Rights

Islam and Human Rights

The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human ...

Author: Ann Elizabeth Mayer

Publisher: Westview Press

ISBN: 0813344670

Category: History

Page: 320

View: 250

Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights. The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize “defamation of Islam” occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including: The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring; The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights; The intensifying controversies over issues of sexual orientation and gender identity in the Middle East; The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize “defamation of Islam” occurring in the West.
Categories: History

Women and International Human Rights Law

Women and International Human Rights Law

An-Na'im A, 'Islam, Islamic Law and the Dilemma of Cultural Legitimacy for Universal Human Rights' in Claude E Welch, Jr. and Virginia A. Leary(eds), Asian Perspectives on Human Rights (Westview Press, 1990).

Author: Gayatri H. Patel

Publisher: Routledge

ISBN: 9781351235082

Category: Law

Page: 258

View: 403

This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.
Categories: Law

Religion Human Rights and International Law

Religion  Human Rights and International Law

Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet!

Author: Javaid Rehman

Publisher: Studies in Religion, Secular B

ISBN: STANFORD:36105123364346

Category: Law

Page: 569

View: 369

Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet! A preliminary exploration of the theory and practice of as-Siyar and international law in the contemporary world -- Religion as a source of international law -- Human rights and cultural relativism: the false dichotomy -- Some arguments on the universality of human rights in Islam. pt. 3. Religions, values and constitutionalism within international human rights law -- Religion within the refugee context: squaring the circle? -- The advent of proportional human rights and the dignity inherent in individuals qua human beings -- The religiosity of jus cogens: a moral case for compliance? -- Why the Hindu caste system presents a new challenge for human rights. pt. 4. Islam, state practices and contemporary international law -- The role of Islam in human rights and development in Muslim states -- Human rights, natural justice and Pakistan's Shariat courts -- Women, Islamisation and human rights in Pakistan: developing strategies of resistance -- Nation-building in an Islamic state: minority rights and self-determination in the Islamic Republic of Pakistan. pt. 5. Islam, minorities rights and the implications of 9/11 -- Multiculturalism and extremism: international law perspectives -- Prayers, planners and pluralism: protecting the rights of minority religious groups -- 'Are you a Protestant or a Catholic Muslim?' The path of Muslim integration into Northern Ireland -- Religion, minority rights and Muslims of the United Kingdom.
Categories: Law

International Human Rights Law

International Human Rights Law

The simple and straightforward analysis in this book will provide a useful text for undergraduate (LLB) and postgraduate (LLM) courses in international human rights law and international relations.

Author: Javaid Rehman

Publisher: Pearson Education

ISBN: 0582437733

Category: Law

Page: 494

View: 636

The simple and straightforward analysis in this book will provide a useful text for undergraduate (LLB) and postgraduate (LLM) courses in international human rights law and international relations. The book will also assist practitioners in gaining a basic understanding of the practices and procedures of international human rights law.
Categories: Law