International Human Rights and Islamic Law [electronic resource].
Baderin, Mashood A.
Oxford : Oxford University Press,
2005.
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 anevaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a syn
Description based upon print version of record.
Cover; Title Page; Copyright Page; General Editors' Preface; Dedication; Acknowledgements; Preface; Contents; Tables of Cases; Tables of Treaties and Declarations; Chapter 1: Introduction; Chapter 2: Human Rights and Islamic Law; 2.1 Breaking Traditional Barriers; 2.2 Islamic Responses in International Human Rights Discourse; 2.3 What are Human Rights?; 2.3.1 Emergence of the International Human Rights Regime; 2.3.2 Categorization of Human Rights; 2.3.3 Universalism in International Human Rights Law; 2.3.4 The Paradox of Universalism and Cultural Relativism
2.3.5 Relevance of Islamic Law to Universalism in International Human Rights Law2.4 What is Islamic law?; 2.4.1 Nature of Islamic law; 2.4.2 Sources of Islamic law-(Sharî'ah); 2.4.3 Methods of Islamic law-(Fiqh); 2.4.4 Spiritual and Temporal Aspects of Islamic law; 2.4.5 Scope and Purpose of Islamic law; 2.4.6 Promotion of Human Welfare and Prevention of Harm-(Maslahah); 2.5 The justificatory principle; Chapter 3: The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law; 3.1 Introduction; 3.2 The Rights Guaranteed Under the ICCPR
3.3 The Object and Purpose of the ICCPR3.4 Obligations of States Parties Under the ICCPR-Article 2; 3.5 The Right of Self-Determination-Article 1; 3.6 Equality of Rights Between Men and Women-Article 3; 3.7 The Right to Life-Article 6; 3.8 Prohibition of Torture or Cruel, Inhuman or Degrading Treatment or Punishment-Article 7; 3.8.1 Islamic Criminal Punishments and International Human Rights Law; 3.9 Freedom from Slavery, Servitude and Forced Labour-Article 8; 3.10 The Right to Liberty and Security Of Person-Article 9; 3.11 The Right to a Humane Incarceration System-Article 10
3.12 Freedom from Imprisonment for Contractual Obligation-Article 113.13 The Right to Freedom of Movement and Choice of Residence-Article 12; 3.14 Freedom of Aliens from Arbitrary Expulsion-Article 13; 3.15 The Right to Fair Hearing and due Process of Law-Article 14; 3.15.1 Equality of Parties Before the Courts; 3.15.2 Right to be Presumed Innocent Until Proved Guilty; 3.15.3 Accused Person's Minimum Guarantees; 3.15.4 Rights of Juveniles in Criminal Proceedings; 3.15.5 Right of Appeal to Higher Tribunal; 3.15.6 Right to Compensation for Wrongful Conviction
3.15.7 The Rule Against Double Jeopardy3.16 Freedom from Retroactive Criminal Law-Article 15; 3.17 The Right to Recognition as a Person Before the Law-Article 16; 3.18 The Right to Privacy-Article 17; 3.19 The Right to Freedom of thought, Conscience and Religion-Article 18; 3.19.1 The Question of Apostasy Under Islamic Law; 3.20 The Right to Freedom of Opinion and Expression-Article 19; 3.21 The Prohibition of Propaganda for War and Incitement to Hatred-Article 20; 3.22 The Right of Peaceful Assembly-Article 21; 3.23 The Right to Freedom of Association-Article 22
3.24 The Right to Marry and Found a Family-Article 23
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 anevaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a syn
Includes bibliographical references and index.
Description based on print version record.
Civil rights -- Religious aspects -- Islam.
Civil rights (Islamic law).
Human rights -- Religious aspects -- Islam.
Human Rights
Law, Politics & Government