Gender And Human Rights In Islam And International Law
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Author |
: Shaheen S. Ali |
Publisher |
: BRILL |
Total Pages |
: 380 |
Release |
: 2021-11-08 |
ISBN-10 |
: 9789004479951 |
ISBN-13 |
: 9004479953 |
Rating |
: 4/5 (51 Downloads) |
Synopsis Gender and Human Rights in Islam and International Law by : Shaheen S. Ali
This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.
Author |
: Niaz Shah |
Publisher |
: BRILL |
Total Pages |
: 273 |
Release |
: 2006-11-01 |
ISBN-10 |
: 9789047410171 |
ISBN-13 |
: 9047410173 |
Rating |
: 4/5 (71 Downloads) |
Synopsis Women, the Koran and International Human Rights Law by : Niaz Shah
Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
Author |
: Mark S. Ellis |
Publisher |
: Oxford University Press |
Total Pages |
: 417 |
Release |
: 2012-10-11 |
ISBN-10 |
: 9780199641444 |
ISBN-13 |
: 0199641447 |
Rating |
: 4/5 (44 Downloads) |
Synopsis Islamic Law and International Human Rights Law by : Mark S. Ellis
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.
Author |
: Ekaterina Yahyaoui Krivenko |
Publisher |
: BRILL |
Total Pages |
: 281 |
Release |
: 2009 |
ISBN-10 |
: 9789004171442 |
ISBN-13 |
: 9004171444 |
Rating |
: 4/5 (42 Downloads) |
Synopsis Women, Islam and International Law by : Ekaterina Yahyaoui Krivenko
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.
Author |
: Shaheen Sardar Ali |
Publisher |
: |
Total Pages |
: 358 |
Release |
: 2000 |
ISBN-10 |
: OCLC:697058739 |
ISBN-13 |
: |
Rating |
: 4/5 (39 Downloads) |
Synopsis Gender and Human Rights in Islam and International Law by : Shaheen Sardar Ali
Author |
: Mona Samadi |
Publisher |
: BRILL |
Total Pages |
: 234 |
Release |
: 2021-05-25 |
ISBN-10 |
: 9789004446953 |
ISBN-13 |
: 9004446958 |
Rating |
: 4/5 (53 Downloads) |
Synopsis Advancing the Legal Status of Women in Islamic Law by : Mona Samadi
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.
Author |
: Shaheen Ali |
Publisher |
: Springer |
Total Pages |
: 394 |
Release |
: 2000-01-31 |
ISBN-10 |
: STANFORD:36105060214306 |
ISBN-13 |
: |
Rating |
: 4/5 (06 Downloads) |
Synopsis Gender and Human Rights in Islam and International Law:Equal Before Allah, Unequal Before Man? by : Shaheen Ali
Muslims in the Islamic.
Author |
: Glenn L. Roberts |
Publisher |
: Universal-Publishers |
Total Pages |
: 128 |
Release |
: 2006-12 |
ISBN-10 |
: 9781581123470 |
ISBN-13 |
: 1581123477 |
Rating |
: 4/5 (70 Downloads) |
Synopsis Islamic Human Rights and International Law by : Glenn L. Roberts
Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."
Author |
: Mashood A. Baderin |
Publisher |
: OUP Oxford |
Total Pages |
: 302 |
Release |
: 2003-09-11 |
ISBN-10 |
: 9780191021824 |
ISBN-13 |
: 0191021822 |
Rating |
: 4/5 (24 Downloads) |
Synopsis International Human Rights and Islamic Law by : Mashood A. Baderin
This volume examines the important question of 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. International Human Rights and Islamic Law 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. Baderin 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 volume 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. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.
Author |
: Nisrine Abiad |
Publisher |
: BIICL |
Total Pages |
: 276 |
Release |
: 2008 |
ISBN-10 |
: 190522141X |
ISBN-13 |
: 9781905221417 |
Rating |
: 4/5 (1X Downloads) |
Synopsis Sharia, Muslim States and International Human Rights Treaty Obligations by : Nisrine Abiad
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.