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
| 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
Funerals Regulations and Exhortations (H/B)
Our soul inevitably follows a route starting from birth, passing through death, and ending with our resurrection in the next life. The inevitable journey discusses over a sequence of titles: sickness, inheritance, funerals, Life in Barzakh and so on…
The Ultimate Guide to Umrah by Darussalam
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.
Should A Muslim Follow A Particular Madhhab?
In this book, the author has widely described the main principle of Taqleed. He says that Allah and Prophet Mohammed (SAW) has not ordered us to follow any opinions and interpretations. So there’s a possibility of being correct or incorrect in the opinions because there are many issues on which the Imams had different views and they explain them according to their own reasons and speculations, but the real and true Islam is based on the book (Quran) and Prophet’s Sunnah.
Allah says: “But no, by your Lord, they can have no Faith until they make you judge in all disputed matters between them, and find in themselves no resistance against your decision, and accept them with full submission.” And the prophet said: “I leave you with two things as long as you hold them tightly, you never go astray: they are the book of Allah and my Sunnah.” In this sense, the author has described the difference between different Madhahib (madhabs/mazhabs), and their views and urged to follow only the Quran and Sunnah.
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.
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.
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.
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
Hajj & Umrah (Pocket Guide) – English Version
A useful pocket guide that includes the rites of Umrah,Hajj, and visiting Madinah.
Istihsan (P/B)
This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Although there has been many research works on the subject, it still requires further investigation on the role and nature of istihsan with regard to a combination of classical and modern approaches. Consisting of four chapters, the author begins by introducing some general principles of Islamic law, before discussing the history of istihsan during the time of the Prophet and his Companions. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation.
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.
Islamic Rules of Order (P/B)
Organizations must have rules of order to facilitate their debate and to fill in the procedures not detailed by their constitutional documents. While most American organizations are content to operate by Robert’s Rules of Order, Muslim organizations have often wrestled with questions over whether the rules of order systemized by a Western military figure are in accord with the Qur’an and the Sunnah.
This book tackles the matter directly and takes into account the Qur’an, the sunnah, Islamic manners and the history of Islamic consultation and leadership to provide a simple, practical guide to organizational procedure that can be incorporated into the governance of Muslim organizations. The book includes advice on writing bylaws and on complying with the best practices of the U.S. Dept. of Justice in a way that is Islamically authentic, transparent, and accountable. It provides a basic starting point for any Muslim organization while allowing for flexibility so that organizations may make any variations they require within their own bylaws and constitution, so that it can accommodate differing schools of thought on Islamic law. In its discursive approach it is an essential primer for understanding the value of rules of order and the Islamic context for their application. The Islamic Rules of Order has been adopted as the rules of order of the Association of Muslims Social Scientists.
There are no reviews yet.