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
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.
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.
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.
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…
Having Fun The Halal Way Entertainment In Islam
With the advent of technology, the entertainment industry has flourished and become immensely popular. Combine this with the exponential advances in technology, and the result is an increasing number of ways to amuse ourselves. As a result of such advances, Muslim react in a variety of manners towards entertainment. Some label entertainment as completely forbidden. This sometimes includes parents who say no to almost everything that their young ones deem to be ‘fun’, without providing them with suitable alternatives. Others, who do not want to take this extreme approach, fall into the trap of excessive use of – and even addiction to – various sources of entertainment, without any limits.
In Having Fun the Halal Way, Ismail Kamdar explores the teachings of Islam regarding entertainment. Drawing upon the Quran, the Sunnah and the understanding of the righteous scholars of Islam, he provides a detailed and balanced analysis of the topic. He not only explains the detriments of the current entertainment industry, but also suggests alternative means to have a good time with friends and family members.
The Pillars of Islam Made Easy I- Shahadah (Testimony of Faith) & Its Essential Conditions (H/B)
For a Muslim, the testimony of faith is the affirmation that there is no god other than Allah and that Prophet Muhammad (saw) is His servant and messenger. This testimony is second nature to most Muslims; yet it is disappointing to note that many of them are not aware of the seven conditions attached to it.
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!
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
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.
Hajj & Umrah (Pocket Guide) – English Version
A useful pocket guide that includes the rites of Umrah,Hajj, and visiting Madinah.
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.
Recently Viewed
The Life of Muhammad
It is vital for every single human being to study the life of the greatest man to have ever walked this earth, a man who changed the course of human history forever. No other individual has had such a lasting influence or impact in any sphere of human endeavor; be it history, culture, economics, social welfare, politics, diplomatic relations or warfare.
Today’s modern society owes a huge debt to Muhammad, the great Prophet of Islam. This brief, yet comprehensive, work covers all the main aspects of the life of the Messenger of Allah. It includes his noble qualities, his description, members of his family – such as his maternal uncles and aunts and wives, the slaves he freed, the scribes who recorded for him, his envoys who carried his Message to various kings and territories around the globe, those who proclaimed the Call to prayer, his Umrah and Hajj, his military expeditions, his manners, his miracles, his riding beasts, his weapons and the legal rulings that were unique to him.
Knowing about the Prophet Muhammad is compulsory for every Muslim. This work is an excellent primer and should be necessary reading in every Muslim home. This book is ideal as a teaching tool for Schools and Madrassahs everywhere.
The author, Imam an-Nawawi (d. 767H), was a leading personality of Islamic history. Born in Syria to a deeply religious family, he was renowned for his piety and love of Allah, the Most High. He authored many valuable works, in a variety of different sciences, which gained eminence throughout the Muslim world.
Child Companions around the Prophet pbuh (H/B)
Description from the publisher:
These 178 companions are those who accepted Islam in their childhood and spent it being around Prophet صلی الله علیه وآله وسلّم and getting benefits from his teachings and learning from his manners. The Prophet used to love the children and his behaviour with them is model to follow. He taught them the manners of eating, talking to theirs elders, behaving with other children, along with guiding them to the basic points of Islamic teachings.
It includes the biography of the following companions:
Hasan bin ‘Ali رضی الله عنه
Husain bin ‘Ali رضی الله عنه
Abdullah bin Zoubir رضی الله عنه
Abdullah bin ‘Abbas رضی الله عنه
Abdullah bin Ja’far رضی الله عنه
Abdullah bin ‘Umar رضی الله عنه
Abdullah bin ‘Amr رضی الله عنه
Usamah bin Zaid رضی الله عنه
Anas bin Malik رضی الله عنه
Sa’eed bin Al-‘Aasرضی الله عنه
Keutuhan Rumahtangga Bahagia (Jibaly Rumah Tangga Siri)
Melalui ketiga-tiga buku dalam siri ini, kami berusaha membincangkan perkahwinan menurut Sunnah yang sahih.
Muslim Teens (English Edition) (P/B)
The book offers a practical guide for parents who wish to protect their teens from the dazzle of a superfluous western culture and help them lead a virtuous life as taught by Islam.
Perisai Muslim – Hisnul Muslim (Poket Saiz)
Buku ini adalah terjemahan Bahasa Melayu dari Hisnul Muslim oleh Sa’id bin Ali Wahf al Qahthani. Himpunan doa dan zikir daripada Al-Quran dan Al-Sunnah. Buku ini mengandungi semua jenis doa dalam kehidupan seharian, bermula dari bangun tidur hingga kepada tidur yang berikutnya.
A Taste of Patience
The writer is a survivor of an accident that altered his life. He is a man who managed to overcome adversity and transform bitterness into personal success, as his literary gains outweighed his physical restrictions. Where his physical condition limited his movements, his creative writing opened up a new horizon that enabled him to freely interact with his readers.
This is a real-life account of how a human being can overcome obstacles, giving effect to the epithet: ‘What does not kill me makes me stronger.’ The autobiography defines patience in two ways: first, as a bitter experience and then second, as the ability to tolerate and turn one’s misfortune into investment. The accident that the writer suffered has paralysed his body, but at the same time it has unleashed his writing talents. (Yousef el-Sharoni, Egypt)
Al-Falaq Quran On Flash Card Game
Introducing our NEW QuranOn Flash Card Game that will enhance our understanding on the Arabic words, translations, makhraj, tajweed, grammar, meaningful contents and many more.
✔ Recite the verse in the surah clearly from one word to another.
✔ Combination of Arabic alphabets from word by word in the surah to the beginners.
✔ Translation for the each word.
Child Upbringing (Successful Family Upbringing Series-02)
A presentation of ten important guiding principles in child upbringing and nurturing.
There are no reviews yet.