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 ...
CHAPTER FIVE : THEOLOGY AND LAW 108 . FIRMAGE , E . B . , B . G . Weiss , J
. W . WELCH , and OTHERS ( eds . ) , Religion and Law : Biblical - Judaic and
Islamic Perspectives . Winona Lake , IN : Eisenbrauns , 1990 . xii , 401 pp . 109 .
This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.
In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
compounded by the creation of documents such as the Universal Islamic
Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam, both of which diverge from international legal standards of religious
freedom and both ...
First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. This current Volume I - now available in paperback - covers the first two parts described above by the author. The translation of the third part, dealing with the purposes of the shari'a, will be presented in the forthcoming Volume II. (Series: The Great Books of Islamic Civilization)
Subsequent abrogation (naskh) does not remove this meaning due to the
existence of all of them up until now having been confirmed by Islam, like qirad (
mudaraba partnership), the rule for the eunuch with respect to inheritance and so
on.
When democracy was introduced to Nigeria in 1999, one-third of its federal states declared that they would be governed by sharia, or Islamic law. This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences
Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.
The contributions in Part Three cover Islamic legal traditions and address
controversies surrounding varied legal methodologies in different contexts. Baber
Johansen traces traditionsof legal pluralismanddissentin uṣū l alfiqh (
jurisprudential) ...
worship , to be encouraged as a genuine source and means of piety ; and Islam
as politics , repellent to Snouck Hurgronje and to some other Europeans . Islam
as politics contradicted European notions of what a liberal , civil society ought to ...
Within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women
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.
955 I. APPROACHING CONCLUSIONS The analysis made above clearly
demonstrated that introduction oflaws based on Islam in relation to the status of
women should not necessarily mean safeguarding and promotion of
discriminatory ...
Buku fikih yang ada di hadapan pembaca ini, penyusun sajikan bukan untuk menambah terlebih memperluas bahasan kajian islam dalam ilmu fikih. Sebaliknya, kandungan buku fikih ini tidak lain hanya kutipan-kutipan dari sekian literatur kitab-kitab fikih klasik dan kontemporer. Kutipan-kutipan ini pun tak ubah layaknya setetes air dari lautan yang seakan tidak bertepi, ia tidak menawarkan janji untuk dapat menghapus rasa dahaga. Namun buku fikih yang penyusun sodorkan ini setidaknya memberikan kontribusi untuk menjadi bahan kajian untuk lebih meningkatkan ghirah dan kualitas ibadah kita kepada Allah. Paling tidak buku fikih ini menggunakan edisi bahasa Indonesia dari sekian banyak literatur berbahasa Arab yang menjelaskan tentang kajian-kajian fikih.
