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
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.
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
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 Problems of the Illegitimate Child (P/B)
This book addresses the views of the Sunni scholars regarding the importance of genealogical relationship (nasab) in Islamic family law and examines the role of legitimacy on the basis of the legal maxim “al-walad li al-firash”, evidence (al-bayyinah), and doubtful intercourse (wat’ shubhah). It also elucidates the views of the Sunni schools of law on how to establish illegitimacy. For the Sunni jurists, there are several situations that determine the illegitimacy of the child. A child is considered illegitimate if its birth is the outcome of adultery (zina) or the result of legitimate union but accompanied with imprecation (li‘an). Other circumstances include the birth of the child taking place in less than six lunar months, the father of the child being categorized as one who is incapable of begetting, or the birth as a result of marital relationship considered unlawful because of consanguinity. The book also deals comprehensively with the moral, religious, legal and other aspects of the illegitimate child and the foundling in the works of the Sunni jurists. The status and rights of the illegitimate child and the foundling in the Islamic family law of Malaysia and Brunei are also discussed by referring to some provisions from Federal Territory Act 1984 (Act 303) and Brunei law.
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.
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.
The Ruling concerning the Celebration of Mawlid an-Nabi
In this book, is an explicit CLARIFICATION of the MAJOR DOUBTS raised by the proponents of Mawlid an-Nabi, including;
- Mawlid an-Nabi is honoring the Prophet.
- Mawlid an-Nabi is celebrated by a large number of people in many towns and cities
- Commemorating Mawlid an-Nabi renews the memories of the Prophet
- Celebration of Mawlid an-Nabi is out of love for the Prophet and and an expression of one’s love, which is permissible.
- awlid an-Nabi is a Bidah Husna (good innovation) because it is a means of showing gratitude towards Allah for sending the Prophet.
- The saying of Umar, ‘What a good Bidah is this?’
Additional quotes by Shaikh Muhammad ibn Ibraheem Aal-Shaikh have been added to further clarify these issues.
The booklet also has 2 valuable appendixes:
Appendix 1: Explanation of the Hadeeth, “He, who establishes/initiates a Sunnah Husna in Islam, ” in the words of Shaikh Sales al-Fawzan and Shaikh Muhammad ibn al-Uthaimeen (rahimahullah)
Appendix 2: A Dialogue between Shaikh al-Albaani (rahimahullah) and a proponent of Mawlid.
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.
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…
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 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.
.
There are no reviews yet.