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
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
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
Hajj & Umrah (Pocket Guide) – English Version
A useful pocket guide that includes the rites of Umrah,Hajj, and visiting Madinah.
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.
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.
The Ultimate Guide to Umrah by Darussalam
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.
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.
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!
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.
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.
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!
Recently Viewed
Real Life Lessons from The Holy Quran
This book is divided into 5 chapters, and each chapter consists of several related life lessons derived from the Noble Qur’an. These lessons are meant to be as concise as possible, and at the same time as inspiring and helpful to the reader as possible. At a time when Muslims think twice before looking into the Qur’an for answers to their problems, I hope that this book of relevant life lessons from the Qur’an (that I was in immense need of during my teen years) will allow the Muslims of the 21st century to recognize the greatness of this miracle from God, and prevent them from making the same mistakes that I made during my life. I pray that Allah accepts this work from me and forgives me for any mistakes that may be present in this book, and I also pray that this book helps Muslims to come out of their ‘days of ignorance’.
Slippery Stone : An Inquiry into Islam’s Stance on Music
What does Islam say about poetry, singing, musical instruments, musicians, and the business of music? How have Muslim societies historically looked at these questions and how have their attitudes changed in the media age? Why have mosques remained music-free while churches have not? What is the truth about the much-publicized €œmusic controversy€ in Islam? Why did Sufis call sama as the slippery stone? These are some of the questions explored in-depth in Slippery Stone: An Inquiry into Islam’s Stance on Music.
Of late, increasing attempts are being made to promote €œIslamic music,€ and the distinction between what is allowed and what is not has become hazy and unclear for many. This book demystifies the issue of music in Islam by going to original source books in Arabic, many of them brought to light for the first time in the English language. It traces the attitudes of the Muslim society about music and the musician throughout its history and quotes extensively from the deliberations of the Qur’an and Hadith scholars and jurists from all schools of Islamic Law, both Sunni and Shi’ah. Separate chapters are devoted to a discussion of the views of Sufi masters as well as the arguments of Ibn Hazm.
It examines in considerable depth the impact of colonialism and the media revolution (beginning with the gramophone) on the attitudes of Muslim societies regarding music. It also subjects the works of Orientalists to a scrutiny that was overdue.
By referring to it as a slippery stone, Sufis vividly pointed out the dangers associated with this enterprise and emphasized the need for caution. History is filled with the corpses of those who fell off the slippery stone by ignoring this advice. Combining historic, cultural, and jurisprudential perspectives this book brings the truth of that metaphor into sharp relief.
More than six hundred references and more than a hundred twenty biographical notes on the authorities quoted add to the value of a discussion that is comprehensive without being boring, and detailed without being confusing. This book has left no stone unturned in its examination of the slippery stone.
There are no reviews yet.