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
RM317.00
| 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
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
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.
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.
The Problems of the Illegitimate Child (P/B)
This book addresses the views of the Sunni scholars regarding the importance of genealogical relationship (nasab) in Islamic family law and examines the role of legitimacy on the basis of the legal maxim “al-walad li al-firash”, evidence (al-bayyinah), and doubtful intercourse (wat’ shubhah). It also elucidates the views of the Sunni schools of law on how to establish illegitimacy. For the Sunni jurists, there are several situations that determine the illegitimacy of the child. A child is considered illegitimate if its birth is the outcome of adultery (zina) or the result of legitimate union but accompanied with imprecation (li‘an). Other circumstances include the birth of the child taking place in less than six lunar months, the father of the child being categorized as one who is incapable of begetting, or the birth as a result of marital relationship considered unlawful because of consanguinity. The book also deals comprehensively with the moral, religious, legal and other aspects of the illegitimate child and the foundling in the works of the Sunni jurists. The status and rights of the illegitimate child and the foundling in the Islamic family law of Malaysia and Brunei are also discussed by referring to some provisions from Federal Territory Act 1984 (Act 303) and Brunei law.
The Ruling concerning the Celebration of Mawlid an-Nabi
In this book, is an explicit CLARIFICATION of the MAJOR DOUBTS raised by the proponents of Mawlid an-Nabi, including;
- Mawlid an-Nabi is honoring the Prophet.
- Mawlid an-Nabi is celebrated by a large number of people in many towns and cities
- Commemorating Mawlid an-Nabi renews the memories of the Prophet
- Celebration of Mawlid an-Nabi is out of love for the Prophet and and an expression of one’s love, which is permissible.
- awlid an-Nabi is a Bidah Husna (good innovation) because it is a means of showing gratitude towards Allah for sending the Prophet.
- The saying of Umar, ‘What a good Bidah is this?’
Additional quotes by Shaikh Muhammad ibn Ibraheem Aal-Shaikh have been added to further clarify these issues.
The booklet also has 2 valuable appendixes:
Appendix 1: Explanation of the Hadeeth, “He, who establishes/initiates a Sunnah Husna in Islam, ” in the words of Shaikh Sales al-Fawzan and Shaikh Muhammad ibn al-Uthaimeen (rahimahullah)
Appendix 2: A Dialogue between Shaikh al-Albaani (rahimahullah) and a proponent of Mawlid.
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.
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.
Smoking Intoxicants & Narcotics (P/B)
This book deals with the epidemic of smoking, which enslaves many of today’s Muslims, and which is aggravated by that most victims belittle its dangers and deny its prohibition.
This book includes a discussions of intoxicants, establishing the prohibition of various practices associated with them, as well as penalties (in both lives) for those who partake in them.
This book also includes a discussion of narcotics, with an overview of marijuana and qaat (or khat). Based on their established effects and harms, we conclude that narcotics are strongly prohibited, except in very limited medical settings.
This book, we hope, will provide many Muslims with guidance toward a healthier, cleaner and worthies Islamic personality. My Allah grant us guidance and facilitation.
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.
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.
The Concise Presentation of the Fiqh of the Sunnah and the Noble Book
Written by Dr. Abdul-Azeem Badawi and translated by Jamal al-Din M. Zarabozo, The Concise Presentation of the Fiqh of the Sunnah and the Noble Book covers the fiqh of diverse topics like purity, prayer, fasting, zakah, pilgrimage, marriage, business transactions, foods, inheritance, criminal offenses, and jihad. Dr. Badawi relies only on the Quran and the Sunnah, making it an authentic Islamic book on fiqh and a collection of sound hadiths.
Recently Viewed
Real Life Lessons from The Holy Quran
This book is divided into 5 chapters, and each chapter consists of several related life lessons derived from the Noble Qur’an. These lessons are meant to be as concise as possible, and at the same time as inspiring and helpful to the reader as possible. At a time when Muslims think twice before looking into the Qur’an for answers to their problems, I hope that this book of relevant life lessons from the Qur’an (that I was in immense need of during my teen years) will allow the Muslims of the 21st century to recognize the greatness of this miracle from God, and prevent them from making the same mistakes that I made during my life. I pray that Allah accepts this work from me and forgives me for any mistakes that may be present in this book, and I also pray that this book helps Muslims to come out of their ‘days of ignorance’.
Parent-Child Relations A Guide To Raising Children (IIIT)
This parenting series is dedicated to families wishing to raise their children to become men and women of caliber, possessing values and qualities of righteousness, honesty, courage, compassion, creativity, and faith, as well as strength of mind and a sense of responsible independence.
There are no reviews yet.