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International Human Rights and Islamic Law (Paperback, New ed)
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International Human Rights and Islamic Law (Paperback, New ed)
Series: Oxford Monographs in International Law
Expected to ship within 10 - 15 working days
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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 'maqasid al-shari'ah' (the overall objective of
Shari'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.
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