International Law And Muslim States

International Law And Muslim States Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of International Law And Muslim States book. This book definitely worth reading, it is an incredibly well-written.

International Law and Muslim States

Dawood Adesola Hamzah
International Law and Muslim States Book PDF

Author : Dawood Adesola Hamzah
Publisher : Routledge
Page : 312 pages
File Size : 42,9 Mb
Release : 2021
Category : Law
ISBN : 100313338X

Get Book

International Law and Muslim States by Dawood Adesola Hamzah Pdf

"This book analyses the general interaction between international law and Islamic law in the Muslim world today. It engages and interrogates literalist and conservative interpretations of Islamic law which often form the root of the tensions with international law. The work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur'an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations is faced with the imperative of adopting a liberal approach to interpretation of Islamic law with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-áa-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic Law, International and Comparative Law, Human Rights Law and Law and Religion"--

Islamic Law and International Law

Emilia Justyna Powell
Islamic Law and International Law Book PDF

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 54,5 Mb
Release : 2019
Category : Law
ISBN : 9780190064631

Get Book

Islamic Law and International Law by Emilia Justyna Powell Pdf

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Sharia, Muslim States and International Human Rights Treaty Obligations

Nisrine Abiad
Sharia Muslim States and International Human Rights Treaty Obligations Book PDF

Author : Nisrine Abiad
Publisher : BIICL
Page : 276 pages
File Size : 41,5 Mb
Release : 2008
Category : Law
ISBN : 190522141X

Get Book

Sharia, Muslim States and International Human Rights Treaty Obligations by Nisrine Abiad Pdf

This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Islamic Human Rights and International Law

Glenn L. Roberts
Islamic Human Rights and International Law Book PDF

Author : Glenn L. Roberts
Publisher : Universal-Publishers
Page : 128 pages
File Size : 53,7 Mb
Release : 2006-12
Category : Law
ISBN : 9781581123470

Get Book

Islamic Human Rights and International Law by Glenn L. Roberts Pdf

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."

Islamic International Law

Khaled Ramadan Bashir
Islamic International Law Book PDF

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 47,8 Mb
Release : 2018-10-26
Category : Religion
ISBN : 9781788113861

Get Book

Islamic International Law by Khaled Ramadan Bashir Pdf

Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

Religion, Human Rights and International Law

Javaid Rehman,Susan Carolyn Breau
Religion Human Rights and International Law Book PDF

Author : Javaid Rehman,Susan Carolyn Breau
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 40,8 Mb
Release : 2007
Category : Religion
ISBN : 9789004158269

Get Book

Religion, Human Rights and International Law by Javaid Rehman,Susan Carolyn Breau Pdf

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

International Law and Islam

Ignacio de la Rasilla del Moral,Ayesha Shahid
International Law and Islam Book PDF

Author : Ignacio de la Rasilla del Moral,Ayesha Shahid
Publisher : BRILL
Page : 373 pages
File Size : 49,7 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004388376

Get Book

International Law and Islam by Ignacio de la Rasilla del Moral,Ayesha Shahid Pdf

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.

International Law and Islamic Law

MashoodA. Baderin
International Law and Islamic Law Book PDF

Author : MashoodA. Baderin
Publisher : Routledge
Page : 993 pages
File Size : 48,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562324

Get Book

International Law and Islamic Law by MashoodA. Baderin Pdf

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.

Islamic Law and International Law

Emilia Justyna Powell
Islamic Law and International Law Book PDF

Author : Emilia Justyna Powell
Publisher : Oxford University Press
Page : 352 pages
File Size : 46,7 Mb
Release : 2019-10-18
Category : Political Science
ISBN : 9780190064648

Get Book

Islamic Law and International Law by Emilia Justyna Powell Pdf

There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems. Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system.

Islamic Law

Mashood A. Baderin
Islamic Law Book PDF

Author : Mashood A. Baderin
Publisher : Oxford University Press, USA
Page : 177 pages
File Size : 46,9 Mb
Release : 2021
Category : Islamic law
ISBN : 9780199665594

Get Book

Islamic Law by Mashood A. Baderin Pdf

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.

International Human Rights and Islamic Law

Mashood A. Baderin
International Human Rights and Islamic Law Book PDF

Author : Mashood A. Baderin
Publisher : OUP Oxford
Page : 302 pages
File Size : 53,9 Mb
Release : 2003-09-11
Category : Law
ISBN : 9780191021824

Get Book

International Human Rights and Islamic Law by Mashood A. Baderin Pdf

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 '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 and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.

Religious Legal Traditions, International Human Rights Law and Muslim States

Kamran Hashemi
Religious Legal Traditions International Human Rights Law and Muslim States Book PDF

Author : Kamran Hashemi
Publisher : BRILL
Page : 305 pages
File Size : 54,7 Mb
Release : 2008
Category : Law
ISBN : 9789004165557

Get Book

Religious Legal Traditions, International Human Rights Law and Muslim States by Kamran Hashemi Pdf

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.

Human Rights Commitments of Islamic States

Paul McDonough
Human Rights Commitments of Islamic States Book PDF

Author : Paul McDonough
Publisher : Bloomsbury Publishing
Page : 305 pages
File Size : 51,8 Mb
Release : 2021-01-07
Category : Political Science
ISBN : 9781509919710

Get Book

Human Rights Commitments of Islamic States by Paul McDonough Pdf

This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

International Law and Muslim States

Dawood Adesola Hamzah
International Law and Muslim States Book PDF

Author : Dawood Adesola Hamzah
Publisher : Routledge
Page : 313 pages
File Size : 51,5 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424744

Get Book

International Law and Muslim States by Dawood Adesola Hamzah Pdf

This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur’an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.

Religious Legal Traditions, International Human Rights Law and Muslim States

Hashemi
Religious Legal Traditions International Human Rights Law and Muslim States Book PDF

Author : Hashemi
Publisher : BRILL
Page : 304 pages
File Size : 54,9 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431534

Get Book

Religious Legal Traditions, International Human Rights Law and Muslim States by Hashemi Pdf

Considering the subject of Islam and Human Rights, the book tackles three areas that have been largely ignored in 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.