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Social Institutions and International Human Rights Law

Every Organ of Society

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Religious Rights of Minorities in EU Law. Sharia Law Compatibility with European Human Rights Concepts

Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: C, Hamburg University of Ecomomy and Policy (Europa-kollege), course: LLM/EU Legal Studies, language: English, abstract: This thesis is about finding out if there is a possibility to consider reconciliation between Islam a minority religion and European law in regards to human rights.The aim is to understand the conflict between Islam and liberal political concept human rights law to present a picture that can show human rights protection in European society of which Muslims have become an essential part. Sharia law is taken as an Islamic legal and political manifestation that considered being in conflict with contemporary liberal political concepts like European Union and its laws. With the help of comparative analysis of Islamic countries both in a non European country and a country that is a party to European convention, and historical practices of Muslim societies and regimes in relation to value of Sharia in Islamic civilizations and contemporary world. It was observed that Sharia has never been the primary source of legal and political fabric of Islamic rules throughout the history and a larger part of Islamic morals and values recognize modern liberal political concepts and values such as constitutionalism and human rights which are also practiced in modern Muslim majority states like Turkey. John Rawls’ theory of overlapping consensus is used in support which says that a desired consensus is only possible if a concept affirms a political conception that is sufficient to express values under favorable conditions make a just constitutional regime despite other values may oppose them.

Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: C, Hamburg University of Ecomomy and Policy (Europa-kollege), course: LLM/EU Legal Studies, language: English, abstract: ...

Democracy, Human Rights and Law in Islamic Thought

Throughout the Middle East, and in the west as well, there has been much discussion concerning the notion of Islamic rule and the application of shari'ah by the state. Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law. Jabri, one of the most influential political philosophers in the contemporary Middle East, examines how these three concepts have been applied in the history of the Arab world, and shows that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms. Through analysis of contemporary Arab ideology, its doubts about democracy, whether human rights are universal and the role of women and minorities in Islamic society, he expounds on the most pertinent issues in modern political philosophy. This lively interrogation of the building blocs of western conceptions of a modern state is a classic text and is vital for all students of modern Islamic political thought. Mohammed Abed al-Jabri (1936-2010) was Emeritus Professor of Philosophy at the University of Rabat. As one of the most influential political philosophers in the contemporary Arab world, he authored many acclaimed books including, in Arabic: The Structure of Arab Reason, Arab Political Reason' and Arab Ethical Reason, and in English: The Formation of Arab Reason: Text, Tradition and the Construction of Modernity in the Arab World (I.B.Tauris, 2011).

Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law.

Research Handbook on International Human Rights Law

This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.

Islam and the realization of human rights in the Muslim world* Mashood A
Baderin 1 Islam and human rights in the Muslim world The discourse about the
relationship between Islam and human rights in the Muslim world has been
diverse and ...

Islamic Law and International Human Rights Law

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.

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.

Islamic Human Rights and International Law

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."

Chapter 1 AL-SHARIA: ISLAMIC LAW. Unlike Christianity and Judaism, Islam is
not a religion with law, but a religion of law. Islamic law, usually termed al-Sharia,
or “the Path,” is not merely an integral part of Islam, but is its raison d'etre. That is
 ...