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Author : Mohammad Hashim Kamali Publisher : Fundamental Rights and Liberties in Islam Series Page : 0 pages File Size : 44,39 MB Release : 2008 Category : Civil rights ISBN : 9781903682555
Exploring the ideas of human rights according to the laws of Islam, this discussion examines the sanctity of life, murder, unintentional killing, the death penalty, abortion, suicide, and euthanasia. The arguments are introduced by Qur’anic quotations and prophetic anecdotes and include practical examples of both medieval and contemporary applications. Relevant to the current international interest of multicultural perspectives on human rights, this analysis also covers security against unlawful arrest, freedom from torture, immunity against invasion of privacy, and restrictions imposed by the Shari’a on the exercises of these rights.
In Freedom, Equality and Justice in Islam, M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. Freedom, Equality and Justice in Islam is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with The Dignity of Man: An Islamic Perspective and Freedom of Expression in Islam.
Discussing rights and liberties in Islam, this examination focuses on three connected and complementary areas--education, work, and welfare--and how each is treated in the Qur'an. The Prophet and Pious Caliphs are used as examples as the book argues that the educated are more likely to enter the workforce and contribute to the community. Touching upon various topics, including the institutionalization of learning, the role of governments, and the responsibility to care for individuals in need, this record offers an understanding of human rights from an Islamic perspective. Those interested in Islamic Studies, law, and philosophy will be particularly intrigued.
Copyright in Islamic Law is the first work in English to systematically discuss the ideas of intellectual property and copyright from an Islamic perspective. The author, Dr Mohamed Ali Ahdash, builds a framework from within Shari'a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haqq), ownership (milkiyya), wealth (mal) and utility (manfa'a). Dr Ahdash then analyses how these terms are used in the Qur'an and in the Hadith, before looking at how the secondary sources of analogy (qiyas), public interest (maslaha), custom ('urf) and legal maxims (qawa'id fiqhiyya) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is both a ground-breaking study in Shari'a law and a valuable contribution to the ongoing debates on copyright in general.
Offering insight into the Islamic perspective, this volume covers two subjects that have never before been discussed as separate topics in Islamic jurisprudence--citizenship and the accountability of government. Tracing the origins of the two concepts in the Qur'an, the Sunnah of the Prophet, and the practice of the first four caliphs, it follows their integration under different branches and explores the rights and obligations of Muslims in Islamic law, applying these to the modern world. Topics include: the definitions of citizenship; the rights of citizens; the duties of citizens; citizenship laws; the concepts of dar al-Islam (abode of Islam), dar al-harb (abode of war) and the dar al-'ahd (abode of treaty); the ummah and the nation-state; government as a trust; the selection of officials; the relationship between authority and citizens; corruption and the misuse of public funds; despotism and dynastic misrule; the right of complaint; the limits of obedience; impeachment of officials and heads of state; and the foundation of institutions of accountability.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
was an eminent scholar in the field of comparative religion. He was appointed Foreign Minister of Pakistan in 1947; for many years he led the Pakistan Delegation to the General Assembly of the United Nations, and he was President of the General Assembly's Seventeenth Session. Since then he has served as Judge and President of the International Court of Justice at the Hague. He is the author of a number of books about Islam and about its comparison with other faiths.
Privacy is an unwieldy concept that has eluded an essentialised definition despite its centrality and importance in the body of bioethics. The compilation presented in this volume represents continuing discussions on the theme of privacy in the context of genetic information. It is intended to present a wide range of expert opinion in which the notion of privacy is examined from many perspectives, in different contexts and imperatives, and in different societies, with the hope of advancing an understanding of privacy through the examination and critique of some of its evolving component concepts such as notions of what constitute the personal, the context of privacy, the significance and impact of the relational interests of others who may share the same genetic inheritance, and mechanisms for the protection of privacy (as well as of their limitations), among others. More specifically, the discussions in this volume encourages us to think broadly about privacy, as encompassing values that are entailed in the sociality of context and of relations, and also as freedom from illegitimate and excessive surveillance. A long-standing question that continues to challenge us is whether genetic information should be regarded as exceptional, as it is often perceived. A conclusion that could be derived from this volume is that while genetic information may be significant, it is not exceptionally so. The work presented in this volume underlines the continuing and growing relevance of notions of privacy to genomic science, and the need to take ownership of a genetic privacy for the future through broad, rigorous and open discussion.Contributors: Alastair V Campbell, Benjamin Capps, Jacqueline JL Chin, Oi Lian Kon, Kenji Matsui, Thomas H Murray, Nazirudin Mohd Nasir, Dianne Nicol, Anh Tuan Nuyen, Onora O'Neill, Margaret Otlowski, Yvette van der Eijk, Chunshui Wang, Ross S White.