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
Matters Related to Fasting
Allah has blessed His slaves with certain seasons of goodness, in which rewards for good deeds are multiplied, bad deeds are forgiven, people’s status is raised, the hearts of the believers turn to their Lord, those who purify themselves attain success, and those who corrupt themselves fail. Ramadan, the month of fasting, is one such season. Fasting is one of the greatest acts of worship, and Allah has made fasting obligatory for His slaves. As the status of this act of worship is so high, it is essential to learn the rulings that have to do with the month of fasting, so that the Muslims will know what is obligatory, in order to do it, what is forbidden, in order to avoid it, and what is permissible, so that they do not need to subject themselves to hardship by depriving themselves of it. Matters Related to Fasting is a good summary of the rulings, the etiquette, and the manner of fasting according to the Sunnah.
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
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
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
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.
Hajj & Umrah (Pocket Guide) – English Version
A useful pocket guide that includes the rites of Umrah,Hajj, and visiting Madinah.
Citizenship and Accountability of Government: An Isiamic Perspective (P/B)
The concepts of citizenship and the accountability of government have never been discussed as separate topics in Islamic Jurisprudence. In Citizenship and Accountability of Government: An Islamic Perspective, Prof. M.H. Kamali brings together these two subjects, traces their origins in the Qur’an, theSunnah of the Prophet and the practice of the first four caliphs; follows their integration under different branches and discussions of the rights and obligations of Muslims in Islamic law; and finally, advances possible applications for each subject to modern Muslim states and to the position of Muslims living in non-Muslim countries.
Citizenship and Accountability of Government: An Islamic Perspective includes discussions of: the definitions of citizenship; the rights of citizens; the duties of citizens; citizenship laws; the concepts of dar al-Islam (abode of Islam); dar al-harb (abode of war) and the dar al-‘ahd (abode of treaty); the ummah and the nation-state; government as a trust; the selection of officials; the relationship between authority and citizens; corruption and the misuse of public funds; despotism and dynastic misrule; the right of complaint; the limits of obedience; impeachment of officials and heads of state; the foundation of institutions of accountability.
In addition to the topics of citizenship and accountability of government, this volume contains a discussion of freedom of movement in Islam which is the last of the fundamental rights in Prof. M.H. Kamali’s series on fundamental rights and liberties in Islam. Freedom of movement is included in this volume as it was never discussed as a separate topic in Islamic jurisprudence and therefore has certain similarities with the two other subjects of this volume.
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.
.
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.
Funeral Rites In Islam (H/B)
The purpose of this book is to provide English speaking Muslims a concise and authentic compilation of the instructions regarding funeral rites in Islam.
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.
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.
There are no reviews yet.