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Author : Muhammad Zakirul Hafez
Publisher :
Page : 604 pages
File Size : 25,97 MB
Release : 1998
Category : Dhimmis (Islamic law)
ISBN :
Author : Joshua Castellino
Publisher : OUP Oxford
Page : 502 pages
File Size : 45,99 MB
Release : 2013-04-25
Category : Law
ISBN : 0191668885
Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.
Author : Kamran Hashemi
Publisher : BRILL
Page : 304 pages
File Size : 43,77 MB
Release : 2008-08-31
Category : Law
ISBN : 9047431537
This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.
Author : Mark S. Ellis
Publisher : Oxford University Press
Page : 417 pages
File Size : 47,61 MB
Release : 2012-10-11
Category : Law
ISBN : 0199641447
Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Author : Ann Elizabeth Mayer
Publisher : Pinter Publishers
Page : 300 pages
File Size : 44,8 MB
Release : 1995
Category : Civil rights
ISBN :
Contesting stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective use of elements of the Islamic tradition by conservative groups opposed to democracy and human rights.
Author : Glenn L. Roberts
Publisher : Universal-Publishers
Page : 128 pages
File Size : 15,55 MB
Release : 2006-12
Category : Law
ISBN : 1581123477
Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."
Author : Javaid Rehman
Publisher : BRILL
Page : 282 pages
File Size : 19,81 MB
Release : 2021-10-05
Category : Law
ISBN : 9004478469
The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.
Author : Alcidia Moucheboeuf
Publisher : Council of Europe
Page : 752 pages
File Size : 12,24 MB
Release : 2006-01-01
Category : Law
ISBN : 9287159564
This publication contains information on the statements and judgements made in minority rights court cases by the following international bodies: the European Court of Human Rights (Council of Europe); the African Commission on Human and People's Rights; the European Court of Justice (European Union); the Inter-American Court of Human Rights, the International Court of Justice; the Permanent Court of International Justice and the United Nations Human Rights Committee. The information is organised under the following subject headings: assembly; association; discrimination; due process; education; effective participation; existence; expression; family life; group identity; international aspects; limitations, derogations and restrictions; linguistic rights; minority issues; religion; and socio-economic rights. A list of case summaries and the text of selected major international conventions in this field are included as annexes.
Author : Javaid Rehman
Publisher : Studies in Religion, Secular B
Page : 1016 pages
File Size : 17,5 MB
Release : 2007
Category : Law
ISBN :
Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet! A preliminary exploration of the theory and practice of as-Siyar and international law in the contemporary world -- Religion as a source of international law -- Human rights and cultural relativism: the false dichotomy -- Some arguments on the universality of human rights in Islam. pt. 3. Religions, values and constitutionalism within international human rights law -- Religion within the refugee context: squaring the circle? -- The advent of proportional human rights and the dignity inherent in individuals qua human beings -- The religiosity of jus cogens: a moral case for compliance? -- Why the Hindu caste system presents a new challenge for human rights. pt. 4. Islam, state practices and contemporary international law -- The role of Islam in human rights and development in Muslim states -- Human rights, natural justice and Pakistan's Shariat courts -- Women, Islamisation and human rights in Pakistan: developing strategies of resistance -- Nation-building in an Islamic state: minority rights and self-determination in the Islamic Republic of Pakistan. pt. 5. Islam, minorities rights and the implications of 9/11 -- Multiculturalism and extremism: international law perspectives -- Prayers, planners and pluralism: protecting the rights of minority religious groups -- 'Are you a Protestant or a Catholic Muslim?' The path of Muslim integration into Northern Ireland -- Religion, minority rights and Muslims of the United Kingdom.
Author : Mashood A. Baderin
Publisher : Routledge
Page : 706 pages
File Size : 24,92 MB
Release : 2017-07-05
Category : Law
ISBN : 1351562339
The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.