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
A Guide to Male-Female Interaction
Are Muslim men allowed to interact with female students, and vice versa, in a virtual classroom? Can a Muslim woman pursue a professional career that necessitates her interaction with men? Is it appropriate for a woman to serve her husband’s guests? Do mixed wedding ceremonies comply with the Sharia? Read this bilingual book to find the answers and more!
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.
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.
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…
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.
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.
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.
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.
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.
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
Recently Viewed
The Fiqh Of Worship; Commentary on Ibn Qudamah’s Umdat al-Fiqh (The Reliable Source of Fiqh) (H/B)
The Fiqh of Worship is a translation of and commentary on Ibn Qudâmah’s highly esteemed ‘Umdat al-Fiqh, an abridged book of fiqh (Islamic jurisprudence) according to the Hanbali school. Dr. Hatem al-Haj has translated and elaborated on it, noting the opinions of other schools of Islamic jurisprudence, thus giving the English-speaking student a broader base for his or her understanding of fiqh. The author has made the difficult subject of fiqh easier to learn and more comprehensible by using visual aids and a unique symbol system.
This book is a must-have for the serious student of knowledge. In the author’s words. This knowledge will only be beneficial if it is sought for Allah’s sake, coupled with compassionate devotion towards Him and diligent adherence to the way of our most beloved, Prophet Muhammad (blessings and peace be upon him). It will be retained only by frequent reviews, and confirmed by teaching it to those who are less knowledgeable. Worship, when devoutly observed and correctly performed, is the ultimate human function for which people were created, and the only way to attain the ultimate success, being the pleasure of our Lord (Exalted is He).
There are no reviews yet.