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The relationship between Islam and human rights forms an important aspect of contemporary international human rights debates. Current international events have made the topic more relevant than ever in international law discourse. Professor Abdullahi An-Na'im is undoubtedly one of the leading international scholars on this subject. He has written extensively on the subject and his works are widely referenced in the literature. His contributions on the subject are however scattered in different academic journals and book chapters. This anthology is designed to bring together his academic contributions on the subject under one cover, for easy access for students and researchers in Islamic law and human rights.
The relationship between Islam and human rights forms an important aspect of contemporary international human rights debates. Current international events have made the topic more relevant than ever in international law discourse. Professor Abdullahi An-Na'im is undoubtedly one of the leading international scholars on this subject. He has written extensively on the subject and his works are widely referenced in the literature. His contributions on the subject are however scattered in different academic journals and book chapters. This anthology is designed to bring together his academic contributions on the subject under one cover, for easy access for students and researchers in Islamic law and human rights.
The authors of this volume seek to contribute to the clarification of the very difficult conceptual and practical questions surrounding the legitimization and permanent protection of human rights in non-Western cultural contexts, specifically in this case Africa. The contributors try to clarify thinking about what ought to constitute human rights in an African context as well as strategies for realizing them within communities and countries. These issues are particularly contentious when the specific point at issue is the promotion and protection of economic, social and cultural rights, and even more so in relation to the rights of women. The underlying premise is that there are possibilities for the local promotion of what ought to be universal human rights through processes of cultural transformation over time. While conceding the difficulties and constraints of the relationship between local cultures and the notion of the universality of human rights, the contributors believe that it is both necessary and possible to address these issues by making use of creative possibilities within specific countries. Several of the contributors explore these questions of cultural transformation and human rights generally. The African Charter of Human and People's Rights is examined to see if there is a case for recognizing a specifically African cultural contribution to conceptualizations of human rights which have been originally formulated in a European social context. The volume then proceeds to translate the general issues at stake into the particular question of women's rights - especially their ability to own, control and have access to land and other property rights. This thoughtful set of explorations by African scholars and human rights activists adds significantly to our understanding of the complex relationships that exist between culture, religion, law and human rights.
This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law. This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities. This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.
Why does conflict deteriorate into violence and war? How does collective memory influence healing and social justice in post-conflict situations? What is the role of judicial accountability - Crime Tribunals and Truth Commissions - for past violations of human rights? This book brings together a distinguished group of scholars, policy-makers, justice workers and social activists to answer these questions. In a creative engagement with issues of human rights in relation to truth, healing and social justice, they look at how people rebuild broken communities and the tensions between reconciliation and social justice in post-conflict situations. The book is structured round the themes of social justice, the nature of conflict, judicial accountability and the role of truth commissions. Opening with Wole Soyinka's exploration of 'that burden of memory that a continent seeks to exorcise through the strategy of reparations', the first part of the book addresses questions of social justice as both ends and means of healing and reconciliation. The contributors go on to look at the nature and dynamics of conflict while parts three and four consider judicial accountability and the role of truth commissions as approachs to healing and social justice. The book concludes with a chapter on the pursuit of justice as an underlying cause of civil wars in Africa and elsewhere. Exploring the cases of Uganda, Sudan, Rwanda, South Africa, Nigeria, Latin America and the former Yugoslavia and including consideration of the gendered elements of conflict, this book is urgent reading for students and academics in peace and conflict and African Studies.
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