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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 ...

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 ...

Advancing the Legal Status of Women in Islamic Law

Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.

Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential.

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. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.

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.

Human Rights in Islamic Law

Explains the philosophy of human welfare in the legislation of the religion of Islam. Chapters: Sources of Islamic Legislation; The Holy Quran; The Sunna; al-Ijma (the consensus opinions); al-ljtihad (endeavor); al-Qiyas (analogy); al-Istihsan (approval); al-Masalih al-Mursala (public interest); Sadd al-Dhara'i' (precautionary measures); al-'Urf (custom); al-Istishab (legal presumption); Shar'u man Qablana (pre-Islamic religion); Qawl al-Sahabi (companion's legal opinion); the establishment of the four major schools of Sunni jurisprudence; general characteristics of Islamic law; Islamic philosophy of human rights; Islamic family law; economic rights; political rights; the universal dimension of human rights; and bibliography.

Chapters: Sources of Islamic Legislation; The Holy Quran; The Sunna; al-Ijma (the consensus opinions); al-ljtihad (endeavor); al-Qiyas (analogy); al-Istihsan (approval); al-Masalih al-Mursala (public interest); Sadd al-Dhara'i' ...

Toward an Islamic Reformation

Civil Liberties, Human Rights, and International Law

Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith.

Human Rights and Islam

An Introduction to Key Debates between Islamic Law and International Human Rights Law

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.

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.