Islam And Human Rights

Author: Ann Elizabeth Mayer
Publisher: Routledge
ISBN: 0429974752
Size: 54.53 MB
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Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights.The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize ?defamation of Islam? occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including:The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring;The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights;The intensifying controversies over issues of sexual orientation and gender identity in the Middle East;The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize ?defamation of Islam? occurring in the West.

Islam And Human Rights

Author: Ann Elizabeth Mayer
Publisher: Hachette UK
ISBN: 0813345642
Size: 54.31 MB
Format: PDF
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Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights. The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize “defamation of Islam” occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including: The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring; The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights; The intensifying controversies over issues of sexual orientation and gender identity in the Middle East; The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize “defamation of Islam” occurring in the West.

Islam And Human Rights

Author: Ann Elizabeth Mayer
Publisher: Westview Pr
ISBN:
Size: 69.85 MB
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Do Islam and Islamic law constitute real obstacles to human rights? In this revised and updated edition, the author offers critical assessments of recent Islamic human rights schemes that dilute or eliminate the human rights protections afforded by international law and compares these both with the Islamic legal heritage and with international human rights law. 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. The third edition considers recent developments in human rights law and policy. For example, in Egypt, the notorious Abu Zaid case—where a scholar was declared an apostate and divorced against his will—marked a dramatic setback for human rights in the name of upholding Islamic law. However, some regimes are rethinking their previous attacks on the international human rights system—Iran being an example of a country that has recently been moving in the direction of combating the view that its Islamic ideology necessarily leads to human rights violations. In addition, the debates on whether Islam stands in the way of human rights continue in the UN, provoked in part by recent ”Islamic” reservations to human rights conventions. This edition considers these recent events and many others. Also new to the third edition: the Cairo Declaration of Human Rights in Islam and many excerpts from the Iranian constitution.

Islamic Law And International Human Rights Law

Author: Anver M. Emon
Publisher: OUP Oxford
ISBN: 0191645702
Size: 61.66 MB
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The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Toward An Islamic Reformation

Author: Abdullahi Ahmed An-Na'im
Publisher: Syracuse University Press
ISBN: 9780815627067
Size: 54.14 MB
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Drawing upon the teachings and writings of the Sudanese reformer, Mahmoud Mohamed Taha, this study aims to provide the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

Women Gender And Human Rights

Author: Marjorie Agosín
Publisher: Rutgers University Press
ISBN: 9780813529837
Size: 16.33 MB
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The 1948 United Nations Universal Declaration of Human Rights expresses the credo that all human beings are created free and equal. But not until 1995 did the United Nations declare that women's rights to be human rights, and bring gender issues into the global arena for the first time. The subordination of indigenous and minority women, ethnic cleansing, and the struggle for reproductive rights are some of the most pressing issues facing women worldwide. Women, Gender, and Human Rights is the first collection of essays that encompass a global perspective on women and a wide range of issues, including political and domestic violence, education, literacy, and reproductive rights. Most of the articles were written expressly for this volume by internationally known experts in the fields of government, bioethics, medicine, public affairs, literature, history, anthropology, law, and psychology.

International Human Rights And Islamic Law

Author: Mashood A. Baderin
Publisher: OUP Oxford
ISBN: 0191021822
Size: 33.84 MB
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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.

Women Under Islam

Author: Christina Jones-Pauly
Publisher: I.B.Tauris
ISBN: 0857720139
Size: 27.49 MB
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Is Islam inherently anti-women? In this groundbreaking work, Christina Jones-Pauly and Abir Dajani Tuqan examine the history and practice of Islamic law as it affects women throughout the world. They highlight the diversity of ways in which it has been interpreted, leading both to the progressive family-planning policies of Tunisia and the more conservative personal status laws of Egypt. Seeking to understand how a set of religious laws which initially empowered women subsequently became a tool for their oppression, they shift the debate away from whether Islamic law itself is misogynistic or not, and look instead at the contexts in which it has been applied, both in Arab and non-Arab cultures._x000D_ _x000D_ The most important factor in determining whether court rulings are disadvantageous to women is not, they conclude, the conservativeness of the society, it is the institutions of that society, and in particular its pre-Islamic institutional history and the independence of its judiciary. In Pakistan, for example, the higher courts have been unable to resist popular and political pressure to criminalise extra-marital sexual relations, yet interpret the law themselves in a liberal way in keeping with the original spirit of the Qur’an and the Hadiths._x000D_ _x000D_ The book also provides innovative insight into the application of Islamic law in countries where Muslims are the minority, exploring how the evolution of Sharia in South Africa’s constitutionalist legal framework creates new possibilities for progressive interpretations._x000D_ _x000D_ Interweaving legal scholarship and detailed on the ground case studies, Women Under Islam provides both a rich reference resource and new way of understanding gender politics in the Islamic world.

Islam And Human Rights

Author: Abdullahi An-Na'im
Publisher: Routledge
ISBN: 135192611X
Size: 28.84 MB
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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.

Humanitarian Imperialism

Author: Jean Bricmont
Publisher: NYU Press
ISBN: 1583674888
Size: 46.65 MB
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Since the end of the Cold War, the idea of human rights has been made into a justification for intervention by the world's leading economic and military powers—above all, the United States—in countries that are vulnerable to their attacks. The criteria for such intervention have become more arbitrary and self-serving, and their form more destructive, from Yugoslavia to Afghanistan to Iraq. Until the U.S. invasion of Iraq, the large parts of the left was often complicit in this ideology of intervention—discovering new “Hitlers” as the need arose, and denouncing antiwar arguments as appeasement on the model of Munich in 1938. Jean Bricmont’s Humanitarian Imperialism is both a historical account of this development and a powerful political and moral critique. It seeks to restore the critique of imperialism to its rightful place in the defense of human rights. It describes the leading role of the United States in initiating military and other interventions, but also on the obvious support given to it by European powers and NATO. It outlines an alternative approach to the question of human rights, based on the genuine recognition of the equal rights of people in poor and wealthy countries. Timely, topical, and rigorously argued, Jean Bricmont’s book establishes a firm basis for resistance to global war with no end in sight.