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 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
The Ultimate Guide to Umrah by Darussalam
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!
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.
War and Peace in Islam : The Uses and Abuses of Jihad (P/B)
Written by a number of Islamic religious authorities and Muslim scholars, this work presents the views and teachings of mainstream Sunni and Shi’i Islam on the subject of jihad. It authoritatively presents jihad as it is understood by the majority of the world’s 1.7 billion Muslims in the world today, and supports this understanding with extensive detail and scholarship. No word in English evokes more fear and misunderstanding than “jihad.” To date the books that have appeared on the subject in English by Western scholars have been either openly partisan and polemical or subtly traumatized by so many acts and images of terrorism in the name of jihad and by the historical memory of nearly 1,400 years of confrontation between Islam and Christianity. Though jihad is the central concern of War and Peace in Islam: The Uses and Abuses of Jihad, the range of the essays is not confined exclusively to the study of jihad. The work is divided into three parts: War and Its Practice, Peace and Its Practice, and Beyond Peace: The Practice of Forbearance, Mercy, Compassion and Love. The book aims to reveal the real meaning of jihad and to rectify many of the misunderstandings that surround both it and Islam’s relation with the “Other.”
Reviews:
“A dynamic myth-busting clarification of the real position of mainstream orthodox Islam on the whole question of violence and jihad.” —T. J. Winter, University of Cambridge
“This is the best book on the subject in English. It will be of inestimable value.” —Shaykh Mustafa Ceric, Grand Mufti Emeritus of Bosnia
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.
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.
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.
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.
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.
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.
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!
There are no reviews yet.