International Human Rights And Islamic Law

Description:
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 'maqasid al-shari'ah' (the overall objective of Shari'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.

Review:
This sort of scholarship is particularly important for informing public policy in the present international environment. European Journal of International Law Baderin presents a masterful and thoroughly documented definition, exploration, and historical analysis of both 'human rights' and 'Islamic law'. European Journal of International 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. Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta

Table of Contents:
DEDICATION; ACKNOWLEDGEMENTS; PREFACE; CONTENTS; TABLE OF CASES; TABLE OF TREATIES AND DECLARATIONS; GLOSSARY; 1 INTRODUCTION; 2 HUMAN RIGHTS AND ISLAMIC LAW; 2.1 Breaking traditional barriers; 2.2 Islamic responses in international human rights discourse; 2.3 What are human rights?; 2.4 What is Islamic law?; 2.5 The justificatory principle; 3 THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) IN THE LIGHT OF ISLAMIC LAW; 3.1 Introduction; 3.2 The rights guaranteed under the ICCPR; 3.3 Obligations of State Parties under theICCPR- Article 2; 3.4 The right of self-determination-Article 1; 3.5 equality of rights between men and women-Article 3; 3.6 The right to life-Article 6; 3.7 Prohibition of torture or cruel, inhuman or degrading treatment of punishment-Article 7; 3.8 Freedom from slavery, servitude and forced labour-Article 8; 3.9 The right to liberty and security of person-Article 9; 3.10 The right to a humane incarceration system-Article 10; 3.11 Freedom from imprisonment for contractual obligation-Article 11; 3.12 The right to freedom of movement and choice of residence-Article 12; 3.13 Freedom of aliens from arbitrary expulsion-Article 13; 3.14 The right to fair hearing and due process of law-Article 14; 3.15 Freedom from retroactive criminal law-Article 15; 3.16 The right to recognition as a person before the law-Article 16; 3.17 The right to privacy-Article 17; 3.18 The right to freedom of thought, conscience and religion-Article 18; 3.19 The right to freedom of opinion and expression-Article 19; 3.21 The right of peacefull assembly-Article 21; 3.22 The right to freedom of association-Article 22; 3.23 The right to marry and found a family-Article 23; 3.24 The rights of the child-Article 24; 3.25 Political rights-Article 25; 3.26 The right to equality before the law-Article 26; 3.27 The rights of ethnic, religious or linguistic minorities-Article 27; 3.28 Concluding remarks; 4 THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) IN THE LIGHT OF ISLAMIC LAW; 4.1 Introduction; 4.2 Importance of economic, social, and cultural rights; 4.3 The rights 'recognized' under the ICESCR; 4.4 The object and purpose of the ICESCR; 4.5 Obligations of State Parties under the ICESCR-Article 2; 4.6 The right to work-Article 6; 4.7 The right to just and favourable conditions at work-Article 7; 4.8 Trade union rights-Article 8; 4.9 The right to social security and social insurance-Article 9; 4.10 Family rights Article 10; 4.11 The right to an adequate standard of living-Article 11; 4.12 The right to the highest attainable standard of physical and mental health-Article 12; 4.13 The right to education-Article 05 13 and 14; 4 14 The right to cultural life and benefits of scientific progress-Article 15; 4.15 concluding remarks; 5 CONCLUSION; 5.1 A complimentary approach; 5.2 Domestic means of enhancing human rights; 5.3 Regional means of enhancing human rights; 5.4 The 'margin of appreciation'doctrine as a universal means of enhancing human rights; ANNEX: THE CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM; BIBLIOGRAPHY