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
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.
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.
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.
The Ultimate Guide to Umrah by Darussalam
Getting the Best Out of Hajj
The book provides a realistic view of Hajj as it is today, with detailed explanations of all the rites. It provides Figh related issues about Hajj, Salah and personal behaviour according to the Quran and Sunnah, to enable you to obtain the best value for your time spent in the holy cities. It also provides information and suggestions about planning for the journey, what to expect and how to survive, so you can depart with full confidence. This is a must have for all those planning to go on Hajj!
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.
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.
Fiqh Course: Tahaarah, Salaah & Janaa’iz
This course was compiled for English-speaking Muslims and is especially beneficial for new Muslims. It covers tahârah (purification), salâh (prayer) and janâ‘iz (funerals). It is set out in an easy-to-understand manner, citing evidence from the Qur’an and authentic hadiths. The aim of this book is to provide the reader with a correct, yet uncomplicated guide to the performance of the aforementioned acts of worship. Allah willing, it is the first in a series which will cover all aspects of worship and Islamic jurisprudence.
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.
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.
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.
There are no reviews yet.