Islamic Law Reform And Human Rights
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Author | : Abdullahi Ahmed An Na'im |
Publisher | : Syracuse University Press |
Total Pages | : 276 |
Release | : 1996-07-01 |
Genre | : Law |
ISBN | : 9780815627067 |
Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.
Author | : Tore Lindholm |
Publisher | : |
Total Pages | : 259 |
Release | : 1993 |
Genre | : Human rights |
ISBN | : |
Author | : Abdullahi Ahmed An Na'im |
Publisher | : Syracuse University Press |
Total Pages | : 273 |
Release | : 2019-01-31 |
Genre | : Law |
ISBN | : 0815650450 |
Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.
Author | : Nisrine Abiad |
Publisher | : BIICL |
Total Pages | : 276 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9781905221417 |
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Author | : James Norman Dalrymple Anderson |
Publisher | : Burns & Oates |
Total Pages | : 256 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Author | : Sarfaraz Shaikh |
Publisher | : Koros Press |
Total Pages | : |
Release | : 2013-04 |
Genre | : International law and human rights |
ISBN | : 9781781633656 |
These volumes examine the important question of 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.
Author | : Mashood A. Baderin |
Publisher | : OUP Oxford |
Total Pages | : 302 |
Release | : 2003-09-11 |
Genre | : Law |
ISBN | : 0191021822 |
This volume examines the important question of 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. International Human Rights and Islamic Law 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. Baderin 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 volume 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. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.
Author | : Mark S. Ellis |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2012-10-11 |
Genre | : Law |
ISBN | : 0199641447 |
Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Author | : Ann Elizabeth Mayer |
Publisher | : Pinter Publishers |
Total Pages | : 300 |
Release | : 1995 |
Genre | : Civil rights |
ISBN | : |
Contesting stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective use of elements of the Islamic tradition by conservative groups opposed to democracy and human rights.
Author | : ʻAbd Allāh Aḥmad Naʻīm |
Publisher | : Routledge |
Total Pages | : 424 |
Release | : 2010 |
Genre | : Law |
ISBN | : |
This anthology brings together a selection of classic articles written by the leading international scholar Abdullahi An-Na'im, on the relationship between Islam and human rights.