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 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.
.
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.
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.
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.
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.
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.
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
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.
The Right to Education, Work and Welfare in Islam (P/B)
In The Right to Education, Work and Welfare in Islam Professor M.H. Kamali develops an Islamic perspective on three connected and complementary areas of rights and liberties. He urges that education is often a necessary ingredient of professional work even more so now than in earlier times when the range and variety of specialised knowledge were relatively limited. A person who acquires education, whether generally or at advanced levels of specialisation, is more likely to stand in a better position to enter the workforce and thus to contribute to the welfare of the community.
The author commences his discussions on education, work and welfare in Islam by focusing on how each is treated in the Qur’an; and follows this by the example of the Prophet and, after him, the Pious Caliphs who gave prominence to the education and welfare needs of people at times both of scarcity and affluence. Professor Kamali then moves forward to our time and discusses the right to education, the education of children, institutionalisation of learning, academic freedom and the debate between science and religion.
The section on work elaborates on the value of work, work ethics, workers’ and employers’ rights and responsibilities, and the role and responsibility of governments.
Finally, the section on welfare focuses on the importance in Islam of caring for those who are in need and the different forms of provision that can be made available by individuals, the state and charities.
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.
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.
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!
There are no reviews yet.