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Islamic Law in Europe?

Legal Pluralism and its Limits in European Family Laws

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain.

The Rule of Law in the Middle East and the Islamic World

Human Rights and the Judicial Process

Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. But is this standard observed by Middle Eastern and Islamic governments and enforced by their judiciaries? In this country-by-country survey, a range of distinguished scholars, practitioners and judges explore how the concepts of ""the Rule of Law"" and ""Human Rights"" are being debated and applied in the Middle East.

Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures.

Islamic Law and Human Rights

Islam, as a faith is a complete code of life. It tells its followers how to lead a happy and prosperous life, here and hereafter. Almighty Allah's last and final Prophet, Muhammad (Pbuh) preached a goodfor- all-times religion in this world over 1400 years back in the Arabian desert. When the Prophet (Pbuh) opened his eyes in this world, the Land of Arabia was completely engulfed in inhuman and utterly barbarous practices. There was no room for mercy and compassion in stony-hearted people of Arabia. Seeing this utterly ignoble and pathetic condition, Allah, the Mighty and Powerful, decided to change the age-long tradition, prevailing among the pagans. These people were not known to education, rights of human beings, neighbours, parents and even the Divine Creator. Hence, Allah, the Almighty, sent the most beloved of his prophets and messengers (peace be upon them) and named him "Muhammad", which means, the 'praised' and 'applauded one'

Hence, Allah, the Almighty, sent the most beloved of his prophets and messengers (peace be upon them) and named him "Muhammad", which means, the 'praised' and 'applauded one'

The Organization of Islamic Cooperation and Human Rights

Established in 1969, the Organization of Islamic Cooperation (OIC) is an intergovernmental organization the purpose of which is the strengthening of solidarity among Muslims. Headquartered in Jeddah, the OIC today consists of fifty seven states from the Middle East, Asia, Africa, and Latin America. The OIC's longevity and geographic reach, combined with its self-proclaimed role as the United Nations of the Muslim world, raise certain expectations as to its role in global human rights politics. However, to date, these hopes have been unfulfilled. The Organization of Islamic Cooperation and Human Rights sets out to demonstrate the potential and shortcomings of the OIC and the obstacles on the paths it has navigated. Historically, the OIC has had a complicated relationship with the international human rights regime. Palestinian self-determination was an important catalyst for the founding of the OIC, but the OIC did not develop a comprehensive human rights approach in its first decades. In fact, human rights issues were rarely, if at all, mentioned at the organization's summits or annual conferences of foreign ministers. Instead, the OIC tended to focus on protecting Islamic holy sites and strengthening economic cooperation among member states. As other international and regional organizations expanded the international human rights system in the 1990s, the OIC began to pay greater attention to human rights, although not always in a manner that aligned with Western conceptions. This volume provides essential empirical and theoretical insights into OIC practices, contemporary challenges to human rights, intergovernmental organizations, and global Islam. Essays by some of the world's leading scholars examine the OIC's human rights activities at different levels—in the UN, the organization's own institutions, and at the member-state level—and assess different aspects of the OIC's approach, identifying priority areas of involvement and underlying conceptions of human rights. Contributors: Hirah Azhar, Mashood A. Baderin, Anthony Tirado Chase, Ioana Cismas, Moataz El Fegiery, Turan Kayaoglu, Martin Lestra, Ann Elizabeth Mayer, Mahmood Monshipouri, Marie Juul Petersen, Zeynep Şahin-Mencütek, Heiní Skorini, M. Evren Tok.

This volume provides essential empirical and theoretical insights into OIC practices, contemporary challenges to human rights, intergovernmental organizations, and global Islam.

Human Rights Commitments of Islamic States

Sharia, Treaties, and Consensus

"This book examines the legal nature of "an" Islamic state and the human rights it commits to uphold. It offers the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions. This also supports an assessment of the place of Sharia in the national legal order. The book unites three strands of analysis: the compatibility of Sharia with the rights enunciated in UN treaties; the patterns of adherence of Islamic states to human rights treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring all formal human rights commitments of all Islamic states within a single analytical framework, it will appeal to international human rights and constitutional scholars with an interest in Islamic law and states"--

Introduction -- The history of the caliphates -- Islamic law, international law, and human rights -- Islamic states -- Islam, constitutions, and democracy -- Islamic law and international law in Islamic constitutions -- Islamic states and ...

Contemporary Issues in Public, Human Rights and Islamic Law

Discussions and Perspectives

This book is a collection of varied scholarly perspectives on contemporary issues in Public, Human Right and Islamic Law in selected jurisdictions of the world: International, Regional and National. Countries covered in this volume include Nigeria, Liberia, Sierra Leone, South Africa, Uganda, Ghana, United States, China, Malaysia and Indonesia. The methodology employed in writing the chapters are a mixture of doctrinal analysis and empirical research designs. Varied as the interest and the contents elucidate, the authors clearly framed the purpose of underlying legislations, judgments, principles, policies and the ensuing dialogue between history and the social-cultural and economic backgrounds that inspired changes in law over the years.

This book is a collection of varied scholarly perspectives on contemporary issues in Public, Human Right and Islamic Law in selected jurisdictions of the world: International, Regional and National.

International Law and Islamic Law

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.

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 ...