Islamic Law and International Human Rights Law

Paperback | December 1, 2014

EditorAnver M. Emon, Mark S. Ellis, Benjamin Glahn

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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 humanrights 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, andminority 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 areplaced 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 thesubject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

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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 humanrights standards, or vice versa. This approach q...

Anver M. Emon is professor of law at the Faculty of Law, University of Toronto. His research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. The author of Islamic Natural Law Theories (OUP, 2010) and Relig...
Format:PaperbackDimensions:416 pages, 9.21 × 6.14 × 0.07 inPublished:December 1, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199641455

ISBN - 13:9780199641451

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Table of Contents

Edward Mortimer: ForewordMark Ellis, Anver M. Emon, Benjamin Glahn: Editors' IntroductionPart I: Islamic Law and International Human Rights LawKathleen Cavanaugh: Narrating LawAnver M. Emon: Shari'a and the Modern StateHans Corell: Commentary to Anver M. Emon "Shari'a and the Modern State" and Kathleen Cavanaugh "Narrating Law"Muhammad Khalid Masud: Clearing Ground: Comment on "Shari'a and the Modern State"Justice Adel Omar Sherif: Commentary: Shari'a as Rule of LawPart II: Freedom of SpeechNehal Bhuta: Rethinking the Universality of Human Rights: A Comparative Historical Proposal for the Idea of "Common Ground" with Other Moral TraditionsIntisar Rabb: Negotiating Speech in Islamic Law and Politics: Flipped Traditions of ExpressionJohn B Bellinger III and Murad Hussain: The Great Divide and the Common Ground Between the United States and the Rest of the WorldPart III: Freedom of ReligionUrfan Khaliq: Freedom of Religion and Belief in International Law: A Comparative AnalysisAbdullah Saeed: Pre-Modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its PunishmentMalik Imtiaz: The Freedom of Religion and Expression: A Rule of Law PerspectiveSumner B. Twiss: CommentaryPart IV: Women's EqualityRatna Kapur: Unveiling Equality: Disciplining the 'Other' Woman Through Human Rights DiscourseZiba Mir-Hosseini: Women in Search of Common Ground Between Islamic and International Human Rights LawJustice Sandra Day O'Connor: Women and Islamic Law - CommentaryLynn Welchman: Islamic and International Law: Searching for Common Ground: Musawah, CEDAW, and Muslim Family Laws in the 21st CenturyPart V: Minority RightsAnver M. Emon: Religious Minorities and Islamic Law: Accommodation and the Limits of ToleranceErrol Mendes: The Dialectic of International Law and the Contested Approaches to Minority RightsJustice Richard Goldstone: Religious Minorities and Islamic LawJavaid Rehman: Islam vs. the Shari'a: Minority Protection within Islamic and International Legal TraditionsRobin Lovin: Epilogue: Common Ground or Clearing Ground?