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
Hajj & Umrah (Pocket Guide) – English Version
A useful pocket guide that includes the rites of Umrah,Hajj, and visiting Madinah.
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.
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.
.
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.
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
Common Mistakes Regarding Prayer – IIPH
Formal prayer (salat) is the second pillar of Islam, and the most important of a Muslim’s acts of worship. Prophet Muhammad (PBUH) said: “The first of one’s actions for which a slave of Allah will be held accountable on the Day of Judgment will be one’s prayers. If they are correct and accounted for, then he (or she) will have succeeded (gained paradise); and if they are lacking, then he (or she) will have failed (lost paradise). If there is something defective in his (or her) obligatory prayers, the Lord will say: ‘See if my slave has any supererogatory prayers with which that which was defective in his (or her) obligatory prayers may be completed. Then the rest of his (or her) deeds will be judged in like manner.” (At-Tirmidhi and others) Shaykh Mashhur Hasan Salman has compiled a list of the most common errors that we make when we pray, discussing and explaining each one. This book is a valuable aid to Muslims hoping to perfect their prayers, so that their prayers may be free of defects and acceptable to Allah. This new and revised edition of the English translation of his work presents the text in a fluent, highly readable style.
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…
Shatibi’s Philosophy of Islamic Law (P/B)
Abu Ishaq al-Shatibi, who died in 1888, had sought an answer to the challenge posed by modernisation and change to Islamic law, by introducing maslahah, which forms the basis of his philosophy of Islamic law. In a fascinating way, the author leads us step by step to what he considers the true import of Shatibi’s views concerning jurisprudence.
The Pillars of Islam Made Easy – II Salah & Its Essential Conditions (H/B)
Salah is one of the five pillars on which the edifice of Islam rests. Most of us feel that we already know all there is about salah – the formal prayers of a Muslim. However, very few individuals actually do justice to it or derive any worldly or spiritual benefits from it.
Salah & Its Essential Conditions is an effort to detail the essential prerequiires of salah. Moreever, it takes a detailed look at its importance along with the different types of obligatory and voluntary prayers. It alsa presents an illustrated guide to help those who wish to learn or correct the performance of their prayers.
Inshallah, all those who wish to improve their salah will find plenty of help in this book whether they are looking for information on cleanliness and purify, locating the direction of qibla, improving their congregation during salah, making up for the missed salah, or joining acongregation when the imam has already sarted the salah, or joining a congregation when the imam has already started the salah. All in all, it is a relevant handbook on what the Prophet (saw) has described as the coolness of his eyes.
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.
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.
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.
Recently Viewed
Slippery Stone : An Inquiry into Islam’s Stance on Music
What does Islam say about poetry, singing, musical instruments, musicians, and the business of music? How have Muslim societies historically looked at these questions and how have their attitudes changed in the media age? Why have mosques remained music-free while churches have not? What is the truth about the much-publicized €œmusic controversy€ in Islam? Why did Sufis call sama as the slippery stone? These are some of the questions explored in-depth in Slippery Stone: An Inquiry into Islam’s Stance on Music.
Of late, increasing attempts are being made to promote €œIslamic music,€ and the distinction between what is allowed and what is not has become hazy and unclear for many. This book demystifies the issue of music in Islam by going to original source books in Arabic, many of them brought to light for the first time in the English language. It traces the attitudes of the Muslim society about music and the musician throughout its history and quotes extensively from the deliberations of the Qur’an and Hadith scholars and jurists from all schools of Islamic Law, both Sunni and Shi’ah. Separate chapters are devoted to a discussion of the views of Sufi masters as well as the arguments of Ibn Hazm.
It examines in considerable depth the impact of colonialism and the media revolution (beginning with the gramophone) on the attitudes of Muslim societies regarding music. It also subjects the works of Orientalists to a scrutiny that was overdue.
By referring to it as a slippery stone, Sufis vividly pointed out the dangers associated with this enterprise and emphasized the need for caution. History is filled with the corpses of those who fell off the slippery stone by ignoring this advice. Combining historic, cultural, and jurisprudential perspectives this book brings the truth of that metaphor into sharp relief.
More than six hundred references and more than a hundred twenty biographical notes on the authorities quoted add to the value of a discussion that is comprehensive without being boring, and detailed without being confusing. This book has left no stone unturned in its examination of the slippery stone.
Islam and Diplomacy: The Quest for Human Security
ISLAM AND DIPLOMACY provides a wide-ranging discourse on the relevance of Islam to global well-being and human security from legal, spiritual, moral and historical perspectives. As prevailing realities in the Middle East and many other parts of the world amply demonstrate, the tools of modern secular diplomacy are not always adequate to address violent sectarian or religious clashes and social tensions, nor to suggest long-term workable solutions for them. This book expounds the largely untapped potential of a faith-based diplomacy and suggest integrating religious norms as an added impetus to conventional diplomacy for the benefit of global peace and harmony. it is also demonstrates that Islam possesses a rich tradition of legal, spiritual and ethical values prioritizing peace and human security. Islamic heritage is also sufficiently nuanced to offer flexible paradigms for addressing problems of coomunal identity that may well be beyond the reach of traditional diplomacy, such as ethnic conflict, tribal warfare, and religious hostilities.
The Political Shariyah on Reforming the Ruler and the Ruled
In this book the Shaykh explains the obligations
of the Ruler and the Ummah’s responsibilities towards the Ruler. The Shaykh explains the principles by which to select the best Ruler according to the Shari’ah.The whole of the book is based on and an extensive commentary of the two verses of surah an-Nisa.
This volume is the first of a series of important Islamic texts from our dar al-Islam Series.
There are no reviews yet.