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Winner of Best Book Award, First International Book Festival on the Best Book on Human Rights and Islam 2004
International Human Rights and Islamic Law
Mashood A. Baderin
302 pages
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234x156mm
978-0-19-928540-2
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Paperback
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19 May 2005
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- A clear and readable examination of whether international human rights law and Islamic law are compatible
- Careful presentation of this highly topical and difficult area
- Provides persuasive and thoroughly documented definitions, historical analysis, and discussion
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.
Readership: Academics and post-graduate/advanced students of international human rights law,
Islamic law and related areas. Human Rights Lawyers, Practitioners, Judges, and NGO's will also find the book useful.
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Mashood A. Baderin, Professor of Law at the School of Oriental and Asian Studies, University of London
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Review(s) from previous edition
"Sensitive, highly informed and eminently readable, it offers a unique perspective that transcends the now trite arguments between the universalistic and cultural relativistic camps - in their evaluation of Human Rights in Muslim societies. It will undoubtedly prove beneficial, for these momentous times, as well as for the future. - Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta
"Baderin has achieved in this slim volume what many a scholar might not have accomplished in a much larger one." - Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta
"This sort of scholarship is particularly important for informing public policy in the present international environment." - European Journal of International Law
"Baderin presents a masterful and thoroughly documented definition, exploration, and historical analysis of both 'human rights' and 'Islamic law'." - European Journal of International Law
"Sensitive, highly informed and eminently readable, it offers a unique perspective that transcends the now trite arguments between the universalistic and cultural relativistic camps - in their evaluation of Human Rights in Muslim societies. It will undoubtedly prove beneficial, for these momentous times, as well as for the future." - Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta
"This is an ambitious book...the book boldly challenges the argument that the observance of international human rights law is impossible within an Islamic legal dispensation" - Humanitäres Völkerrecht Informationsschriften
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Dedication
Acknowledgements
Preface
Contents
Table of Cases
Table of Treaties and Declarations
Glossary
1: Introduction
2: Human Rights and Islamic Law
3: The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law
4: The International Covenant on Economic, Social and Cultural Rights (ICESCR) in the Light of Islamic Law
5: Conclusion
Annexe: The Cairo Declaration on Human Rights in Islam
Glossary
Bibliography
Index
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