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Islamic law and international human rights law

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  • Book

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 ofhow legal rules operate in a society, and meaningful comparison and discussion is impossible.In this volume, leading

Title Islamic law and international human rights law : searching for common ground? / edited by Anver M. Emon, Mark S. Ellis, Benjamin Glahn.
Edition 1st ed.
Publisher Oxford : Oxford University Press
Creation Date 2013
Notes Includes index.
English
Content Cover Page
Title Page
Copyright Page
Contents
List of Contributors
Editors' Introduction-From 'Common Ground' to 'Clearing Ground': A Model for Engagement in the 21st Century
Part I: Islamic Law and International Human Rights Law
1 Narrating Law
2 Shari'a and the Modern State
3 Commentary to 'Shari'a and the Modern State' and 'Narrating Law'
4 Islamic and International Law: Convergence or Conflict?
5 Clearing Ground: Commentary to 'Shari'a and the Modern State'
6 Commentary: Shari'a as Rule of Law
Part II: Freedom of Speech
7 Rethinking the Universality of Human Rights: A Comparative Historical Proposal for the Idea of 'Common Ground' with Other Moral Traditions8 Negotiating Speech in Islamic Law and Politics: Flipped Traditions of Expression
9 Freedom of Speech: The Great Divide and the Common Ground between the United States and the Rest of the World
Part III: Freedom of Religion
10 Freedom of Religion and Belief in International Law: A Comparative Analysis
11 Pre-Modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its Punishment
12 Freedom of Religion and Expression: A 'Rule of Law' Perspective13 Freedom of Conscience and Religion: A Brief Reflection
Part IV: Gender Equality
14 Un-Veiling Equality: Disciplining the 'Other' Woman Through Human Rights Discourse
15 Women in Search of Common Ground: Between Islamic and International Human Rights Law
16 Commentary: Women and Islamic Law
17 Musawah, CEDAW, and Muslim Family Laws in the 21st Century
Part V: Minority Rights
18 Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance
19 The Dialectic of International Law and the Contested Approaches to Minority Rights20 Commentary: Religious Minorities and Islamic Law
21 Islam vs the Shari'a: Minority Protection within Islamic and International Legal Traditions
Epilogue-Common Ground or Clearing Ground?
Index
Footnotes
Introduction
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Part 2
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Part 4
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Part 5
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Extent 1 online resource (922 p.)
Language English
National Library system number 997012635368705171
MARC RECORDS
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