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
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.
Manhiyyat Prohibitions in Islam (P/B) (IIPH)
Whatever has been prohibited in the Qur’an and the Sunnah is for a good reason. Every Muslim is commanded to learn his or her religion, and being aware of these prohibitions is part of that essential knowledge. The Qur’an and the Sunnah enjoin virtuous behaviour, and any actions they prohibit are destructive deeds that a Muslim should avoid. In Prohibitions in Islam, Shaykh Muhammad Sâlih al-Munajjid explains that Allah Almighty and His Messenger (blessings and peace be upon him) have prohibited everything that contains any sort of harm or evil. These prohibitions vary in their degree of evil: they are either forbidden or detestable, and a practicing Muslim should avoid both kinds.
Muharramat: Forbidden Matters Some People Take Lightly
Some Muslims who are either ignorant or of weak faith still commit many acts which Allah never allowed. Ignorance is not an excuse for doing something wrong or illegal, hence it is important to make an effort to learn what these muharramât or forbidden acts are, in order to avoid ever committing them. The author, Shaykh Muhammad Sâlih al-Munajjid, explains many of the forbidden acts that have to do with calling on human beings and things other than Allah, worshipping the dead and circumambulating their graves, invoking prophets and the dead, magic, fortune-telling, believing in the power of astrologists and planets and other acts that go against the Islamic creed of monotheism (tawheed). As such, this book of prohibitions regarding beliefs and acts of worship is a helpful resource for Muslims, if they are really practicing Islam and want to avoid committing great sins.
$2.00 – $4.91
Fast According to the Quran & Sunnah
Saum (Fast) is a third Pillar of Islam. Allah’s Messenger said, Allah says: “Every deed of the son of Adam is for him, except Saum (fasting). It is for Me and I shall reward for it.”
As the status of this act of worship is so high it is essential to learn the pilings pertaining to this month of fasting so that Muslims will know what is obligatory in order to do it, what is forbidden to avoid it, and what is permissible so that they do not unnecessarily subject themselves to any hardship by depriving themselves from it.
This book consists of all the main issues of Fast. The main objective of this work is to serve an easy and authentic reference to the reader.
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
War and Peace in Islam : The Uses and Abuses of Jihad (P/B)
Written by a number of Islamic religious authorities and Muslim scholars, this work presents the views and teachings of mainstream Sunni and Shi’i Islam on the subject of jihad. It authoritatively presents jihad as it is understood by the majority of the world’s 1.7 billion Muslims in the world today, and supports this understanding with extensive detail and scholarship. No word in English evokes more fear and misunderstanding than “jihad.” To date the books that have appeared on the subject in English by Western scholars have been either openly partisan and polemical or subtly traumatized by so many acts and images of terrorism in the name of jihad and by the historical memory of nearly 1,400 years of confrontation between Islam and Christianity. Though jihad is the central concern of War and Peace in Islam: The Uses and Abuses of Jihad, the range of the essays is not confined exclusively to the study of jihad. The work is divided into three parts: War and Its Practice, Peace and Its Practice, and Beyond Peace: The Practice of Forbearance, Mercy, Compassion and Love. The book aims to reveal the real meaning of jihad and to rectify many of the misunderstandings that surround both it and Islam’s relation with the “Other.”
Reviews:
“A dynamic myth-busting clarification of the real position of mainstream orthodox Islam on the whole question of violence and jihad.” —T. J. Winter, University of Cambridge
“This is the best book on the subject in English. It will be of inestimable value.” —Shaykh Mustafa Ceric, Grand Mufti Emeritus of Bosnia
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.
Remembrance & Prayer: The way of Prophet Muhammad s.a.w
Remembrance and Prayer: The Way of Prophet Muhammad, was one of the first works of Shaykh al Ghazali’s to be translated into English. The book describes in vivid prose how the Prophet, upon him be peace, used to remember Allah and pray to Him. Not only are the exquisitely beautiful, deeply moving and penetrating words of the Prophet given in the English translation, but in the original Arabic as well, thus allowing those desirous of memorizing Arabic access to the original texts. The intimate relationship with Allah, which was the hallmark of the Prophet’s life, becomes clear and vivid. The book’s contents are immensely relevant. to the life and concerns of modern man, whose life has been made barren by the present secularist machinery.
Getting the Best Out of Hajj
The book provides a realistic view of Hajj as it is today, with detailed explanations of all the rites. It provides Figh related issues about Hajj, Salah and personal behaviour according to the Quran and Sunnah, to enable you to obtain the best value for your time spent in the holy cities. It also provides information and suggestions about planning for the journey, what to expect and how to survive, so you can depart with full confidence. This is a must have for all those planning to go on Hajj!
Islamic Rulings on Menstruation and Postpartum Condition
The birth of human being is a most amazing phenomenon. The physical cycles that the body of woman must endure in order to maintain this act of creation should be respected to the highest degree. Allah mentions that our mothers have born us with difficulty and struggle and because of this are due the highest respect. one among many of the difficulties that women must brave, are the doubts that these conditions present to the correct obervance of her religion. How is her fassting affected, how are her prayers affected, how is her ability to pursue her studies, and how are her conjugal relations affected by her ever changing physical condition in relation to her as the sole vessel of the birth of man. A really valuable publication by Darussalam for all Muslim woman to study
Recently Viewed
60 Great Women Enshrined in Islamic History
This book provides a profound understanding on the role of women in Islam and tackles common misconceptions on the subject. Not only does it discuss the roles of women in marriage and among their families – but also their families – but also their roles as warriors, worshipers, scholars and callers to Islam. It gives its readers a guided explanation as each role is accompanied with stories of great women as told in the Quran and Sunnah.
This book narrates the stories of about sixty great women whose names and exemplary behavior are enshrined in the history of Islam.
[CB] Qisas Mu’asirat Rawahan Nabiyyu lil Atfal /قصص مؤثرة رواها النبي للأطفال
قصص مؤثرة رواها النبي للأطفال
يَضُمُّ هَذَا الْكِتَابُ بين طياته سبعة قصص مختلفة في المضمون، متحدة في الهدف، ألا وهو الخُلُقُ والأدب
[AR] Al-Arabiyyah Bayna Yadayk Book 1 Part 2
Al-Arabiyyah Bayna Yadayk, Arabic At Your Hands Series (Students Level 1- Book 2) – With QR
This series is designed for the non-Arab speaking, senior level student. It helps the student learn Arabic through listening and conversation along with reading and writing. The series stresses communication and also offers glimpses into the Arabic culture, both Islamic and national.
The first level consists of two parts (books), each of which includes 8 units (total of 16 units). Each unit consists of 9 lessons, constituting a total of 144 basic lessons in this level.
Most Common Questions Asked By Non-Muslims
Da`wah According to the Qur’an and the Sunnah
Dawah According to the Qur’an and the Sunnah is a beautiful exposition of the science and art of Da’wah of the Divine guidance and traditions of the Last Prophet of Allah.
The book elaborates the rationale of Da’wah, its benefits and prerequisites for its success. It lists the characteristics and manners expected of Du’at provides guidelines on how to do Da’wah with Hikmah (wisdom) and ‘beautiful preaching’ and offers useful hints for both the beginners as well as those actively engaged in fulfilling this obligation.
The book concludes with important recommendations for various sections of the Ummah in relation to Da’wah. The author, being an educator, rightly emphasizes upon the need of including Da’wah According to the Qur’an and the Sunnah as part of school curriculum for Muslim learners from high school to collegiate and graduate levels. If this single recommendation is taken seriously by our policy makers and honestly implemented, it is bound to effect a positive change in the present state of affairs marked with apathy towards the duty of conveying the Final Message to all mankind.
Negative Impact Of Fabricated Hadith – Dr MAZA
Uncover the dangers of fabricated hadiths in this insightful discussion. Prof. Dr. Mohd Asri Zainul Abidin present clear logical and legal (shar’i) arguments against their creation and dissemination. Explore how these false narratives tarnish the image of Islam, backed by compelling examples. Here, the main objective is to raise awareness and encourage critical evaluation of hadiths before sharing them, ensuring the integrity of the Islamic Faith remains intact.
There are no reviews yet.