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International Human Rights and Islamic Law: Oxford Monographs in International Law

Autor Mashood Baderin
en Limba Engleză Hardback – iul 2030
Are human rights and Islamic law compatible? Can Muslim States comply with international human rights law whilst adhering to Islamic law? In this fully updated volume, international human rights law is placed in dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States through an analysis of each article of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social andCultural Rights, and relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women in light of the Islamic legal tradition.International Human Rights and Islamic Law formulates a synthesis between what can be perceived as two extremes, arguing that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. This 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 bodiesand 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 andenforcement of international human rights law in the Muslim world.
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Specificații

ISBN-13: 9780198738039
ISBN-10: 019873803X
Pagini: 410
Dimensiuni: 156 x 234 mm
Ediția:2
Editura: Oxford University Press
Colecția OUP Oxford
Seria Oxford Monographs in International Law

Locul publicării:Oxford, United Kingdom

Recenzii

..Baderin must be applauded for his effort to bridge the two legal systems. He stands in a tradition of Islamic Scholarship that is both proud of itself and aware of modern times and demands.
This sort of scholarship is particularly important for informing public policy in the present international environment.
Baderin presents a masterful and thoroughly documented definition, exploration, and historical analysis of both 'human rights' and 'Islamic 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.

Notă biografică

Professor Mashood A. Baderin is a Professor of Law and Director of the Centre of Islamic and Middle Eastern Law at SOAS, University of London.