This book explores whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. It formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. The author argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women, are analysed in the light of Islamic law. The book concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the ‘margin of appreciation’ doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of ‘maqâsid al-sharî’ah’ (the overall objective of Sharî’ah) and ‘maslahah’ (welfare) by Muslim States in their interpretation and application of Islamic law, respectively.
International Human Rights and Islamic Law
$72.04 $64.84
| Weight | 0.520 kg |
|---|---|
| Dimensions | 23.5 cm |
| Author | |
| Binding | Paperbound |
| ISBN | 9780199285402 |
| Pages | 302 |
| Publisher | OXFORD University Press |
Be the first to review “International Human Rights and Islamic Law” Cancel reply
You must be logged in to post a review.
You may also like…
Principles of Islamic Jurisprudence (2nd Revised Edition)
This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.
Related Products
Worship In Islam: An In-depth Study of Ibadah, Salah and Sawm (P/B)
Worship in Islam is in-depth study of the nature and significance of Islamic spirituality by Abul A‘la Mawdudi (1903–79), one of the leading Muslim intellectuals of the twentieth century, with special reference to the concepts of God’s Oneness (tawhid), the finality of Prophethood (risalah) and the Islamic system of worship (‘ibadah) with a focus upon prayer (salah) and fasting (sawm) and their role in the development of the Islamic personality and Islam’s social order. The distinguishing feature of Mawdudi’s approach is his elaboration of the social dimension of worship, which extends the traditional approach found in Islamic jurisprudence, with its focus upon ritual and self-purification, to consider worship’s transformative role in social life. Presenting a holistic view of the Islamic system, Mawdudi highlights Islam’s social, economic and political dimensions, which he argues has the capacity to resolve emergent issues and problems that humankind faces.
This historic text should be of wider interest to both students and specialists in contemporary Islamic thought, and includes an introduction by Professor Anis Ahmad.
Edited and translated into accessible English by Ahmad Imam Shafaq Hashemi, this book is an authoritative compilation by a leading Islamic twentieth-century revivalist on the central matter of worship’s role in Islam.
Fiqh According To The Quran & Sunnah (2 vol)
The complete set, ‘Al-Lubab Fee Fiqh As-Sunnah Wal-Kitab,’ contains all of the books of Islamic Fiqh and its chapters, accompanied by evidence and is presented in a clear and simple manner, in order that they may be understood by the young and the old, without blindly following any of the schools of Jurisprudence, but rather being subject to authentic proofs and following the most authoritative opinions, without fanatical adherence to any particular group. Rather the author agrees with each group when the truth is with them and contradicts them when they veer from that which is correct.
Fiqh is to achieve access to knowledge of that which is unclear through knowledge of that which is proven, so it is more specific than mere knowledge or learning. And fiqh is knowledge of the juristic law. It is said Faquha -A man has acquired understanding and so he has become a Faqeeh (A scholar of Islamic Jurisprudence); and it is said Faqiha – He has understood it, i.e he has attained understanding of it, and it is said Tafaqqaha – he has devoted himself to the acquisition of (Islamic) Knowledge and specialized in it. Fiqh has been a subject of contention among the scholars as well as layman throughout the history of Islam.
Islamic Fatawa Regarding Women (H/B)
Women face a lot of special problems regarding their menses, postpartum bleeding, istihada, hijab, mixing with men, rights & duties with respect to their husband, husband’s household, children, inheritance, marriage, divorce, etc
More than 350 of such problems & issues have been answered in this book by Grand Mufti of Saudi Arabia Sheikh Ibn Baz, and the eminent scholars like Sheikh Ibn Uthaimin, Sheikh Ibn Jibreen and others.
.
Forensic Psychiatry In Islamic Jurisprudence (P/B) (IBT)
This is the first book in Forensic Psychiatry that focuses on the application of psychiatry to legal issues connected to Islamic jurisprudence. It gives contemporary psychiatry in any Islamic country a broad spectrum of tools to work with, enabling the utilization of options specific to particular societal and cultural norms. This book will appeal to both the general as well as the academic reader.
The Ultimate Guide to Umrah by Darussalam
Zakah According to the Quran & Sunnah (Darussalam)
Zakah, the third Pillar of Islam, is probably the first Pillar of its economic system. It represents the first and most important mechanism to implement economic justice and to provide sustenance to the economically unfortunate, two issues for which Islam is especially sensitive. These two issues are the essence of this book. This book consists of all the main issues of Zakat (i-e, Zakah on Gold, Silver, Paper Money, Livestock, Fruits, Grains, Rented Land, Buried treasures, Minerals, Trade, Shares, Stocks, and Exploited Assets etc). The main objective of this work is to serve an easy and authentic reference to the reader.
Fiqh Course: Tahaarah, Salaah & Janaa’iz
This course was compiled for English-speaking Muslims and is especially beneficial for new Muslims. It covers tahârah (purification), salâh (prayer) and janâ‘iz (funerals). It is set out in an easy-to-understand manner, citing evidence from the Qur’an and authentic hadiths. The aim of this book is to provide the reader with a correct, yet uncomplicated guide to the performance of the aforementioned acts of worship. Allah willing, it is the first in a series which will cover all aspects of worship and Islamic jurisprudence.
Preservation of Health in Islamic Law (P/B)
Preservation of health (hifz al-sihhah) is the most important branch of Islamic medicine since it is primarily concerned with the prevention of illness rather than cure. This book represents one of the few attempts to introduce the role of Islamic medicine, although Chapter One provides information about a historical background of the preservation of helath in Islam, its aim is to provide fresh ant timely overview of the major aspects of legal, ritual and spiritual structures of teh Islamic law (shariah). These include the laws related to Ibadah, Islamic family laws, foods and drinks as well as environmental laws, for maintaning and preserving human health. Findings indicated that prevention of any diseases from Islamic medical law presentive cannot attain any real success unless it emanates from an Islamic fundamental teaching, namely: the pillars of Islam. Iman and observance of the Islamic rituals such as Salah, zakah, Sawm and Hajj, have played an important role in shaping the attitude, behavior and model personality of the Muslim, in boosting the spiritual motivation or attitude change, and in disseminating the message of prevention. This indicates that bodily and spiritual health goes hand in hand and that pyscho-spritual balance and health is a primary consideration whereas physical health is a secondary one.
Hajj & Umrah And Visitors (H/B)
Rites and Selected Etiquettes for those intending to Perfom Hajj & Umrah and Visitors In this book the author calls attention to the most important things that those who intend to perform Hajj, Umrah or Visiting the Prophets Mosque in Medinah must have as provisions. The author has made his work brief and arranged its topics according to their priorities. the author mentions a considerable number of sayings of the people of knowledge and calling the attention of the reader to some important matters.
Al-Jumu’ah: The Day of Congregation
In our busy lives, Friday comes around once a week. It often comes and goes without our being really aware of it. For many Muslim men, it may be punctuated by the congregational prayer that they make special efforts to attend. For many Muslim women, it may go by just like any other day. This ought not to be the case. In this unique book, Dr. Gowher Yusuf gives us reason to stop and think about how special Friday (al-Jumu‘ah) really is, and what we should be doing to achieve the many bounteous blessings it holds for those who observe it. Drawing constantly from the Qur`an and the Sunnah and the great works of the scholars of Islam, Dr. Gowher Yusuf explores this topic in depth and presents it to the reader in simple language for them to understand and ponder over. This book travels through the various issues pertaining to the Friday prayer and its Khutbah, or sermon. These issues are explained within the Islamic framework, thus abolishing any myths and misunderstandings and clarifying the topic for the reader. Dr. Yusuf writes: The day of the week known as al-Jumu‘ah, or simply Jumu‘ah, is Friday, and it is special. Compared to the other days of the week, Friday has been accorded the largest amount of merit, so much so that the father of all humankind, Prophet Âdam (peace be upon him), was created on this day and a particular prayer was ordered for this day. It was from the guidance given to Prophet Muhammad (blessings and peace of Allah be upon him) to magnify this day, honour it, and designate it for acts of worship. …On a Friday, we all will be gathered and will stand congregated in front of Allah, the Exalted, on the Day of Resurrection, also called the Day of Accountability or the Day of Judgement.
Ibn Ashur Treatise on Maqasid al-Shariah (P/B)
Ibn Khaldun, the fourteenth century Arab historiographer and historian, is viewed as a founder of modern historiography, sociology and economics. He lived during a turbulent part of history, and out of his experiences, he ?conceived and created a philosophy of history that was undoubtedly the greatest work ever created by a man of intelligence…?. This work tells of the period of unrest in Ibn Khaldun?s life marked by political rivalries. It is during this turbulent period which provided him with the opportunity to write the Muqaddimah (or Prolegomena), earning him an immortal place among historians, sociologists and philosophe
Having Fun The Halal Way Entertainment In Islam
With the advent of technology, the entertainment industry has flourished and become immensely popular. Combine this with the exponential advances in technology, and the result is an increasing number of ways to amuse ourselves. As a result of such advances, Muslim react in a variety of manners towards entertainment. Some label entertainment as completely forbidden. This sometimes includes parents who say no to almost everything that their young ones deem to be ‘fun’, without providing them with suitable alternatives. Others, who do not want to take this extreme approach, fall into the trap of excessive use of – and even addiction to – various sources of entertainment, without any limits.
In Having Fun the Halal Way, Ismail Kamdar explores the teachings of Islam regarding entertainment. Drawing upon the Quran, the Sunnah and the understanding of the righteous scholars of Islam, he provides a detailed and balanced analysis of the topic. He not only explains the detriments of the current entertainment industry, but also suggests alternative means to have a good time with friends and family members.
There are no reviews yet.