ISLAMIC LAW & INTL HUMAN RIGHT

1. Auflage 2012
ISBN: 978-0-19-964144-4
Verlag: OXFORD UNIV PR

Buch, Englisch, 416 Seiten, Format (B × H): 163 mm x 240 mm, Gewicht: 780 g

Focuses on flashpoints in Islamic law and international human rights law, including freedom of speech and freedom of religion, women's equality, and minority rights
Deepens the understanding of the relationship between Islam and human rights by examining how fundamental freedoms are protected and limited in each system, not just the compatability of particular rules
Provides a challenging, original starting point for studying the subject, representing an excellent teaching resource

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.

Zielgruppe

Scholars and students of Islamic law and international human rights law; practitioners in the field of international human rights law and islamic law; anyone engaged in inter-faith dialogue from a political or religious perspective.

Autoren/Hrsg.

Emon, Anver M.

Ellis, Mark

Glahn, Benjamin

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Ideologien Theokratische und religiöse Ideologien
• Geisteswissenschaften Islam & Islamische Studien Islamisches Recht
• Rechtswissenschaften Ausländisches Recht Islamisches Recht

Inhaltsverzeichnis

Edward Mortimer: Foreword
1: Mark Ellis, Anver M. Emon, Benjamin Glahn: Editors' Introduction
Part I: Islamic Law and International Human Rights Law
Kathleen Cavanaugh: Narrating Law
Anver M. Emon: Shari'a and the Modern State
Hans 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 Law
Part II: Freedom of Speech
Nehal Bhuta: Rethinking the Universality of Human Rights: A Comparative Historical Proposal for the Idea of "Common Ground" with Other Moral Traditions
Intisar Rabb: Negotiating Speech in Islamic Law and Politics: Flipped Traditions of Expression
John B Bellinger III & Murad Hussain: The Great Divide and the Common Ground Between the United States and the Rest of the World
Part III: Freedom of Religion
Urfan Khaliq: Freedom of Religion and Belief in International Law: A Comparative Analysis
Abdullah Saeed: Pre-Modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its Punishment
Malik Imtiaz: The Freedom of Religion and Expression: A Rule of Law Perspective
Sumner B. Twiss: Commentary
Part IV: Women's Equality
Ratna Kapur: Unveiling Equality: Disciplining the 'Other' Woman Through Human Rights Discourse
Ziba Mir-Hosseini: Women in Search of Common Ground Between Islamic and International Human Rights Law
Justice Sandra Day O'Connor: Women and Islamic Law - Commentary
Lynn Welchman: Islamic and International Law: Searching for Common Ground: Musawah, CEDAW, and Muslim Family Laws in the 21st Century
Part V: Minority Rights
Anver M. Emon: Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance
Errol Mendes: The Dialectic of International Law and the Contested Approaches to Minority Rights
Justice Richard Goldstone: Religious Minorities and Islamic Law
Javaid Rehman: Islam vs. the Shari'a: Minority Protection within Islamic and International Legal Traditions
Robin Lovin: Epilogue: Common Ground or Clearing Ground?

Über Autor(innen)

Glahn, Benjamin
Benjamin Glahn is the Former Deputy Chief Program Officer and Program Director at the Salzburg Global Seminar.

Emon, Anver M.
Anver M. Emon is associate 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 (Oxford University Press, 2010), Professor Emon is the editor in chief of Middle East Law and Governance: An Interdisciplinary Journal.

Ellis, Mark
As Executive Director of the International Bar Association (IBA) Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world. Prior to joining the IBA, he spent ten years as the first Executive Director of the Central European and Eurasian Law Initiative (CEELI), a project of the American Bar Association (ABA). Providing technical legal assistance to twenty-eight countries in Central Europe and the former Soviet Union, and to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, CEELI remains the most extensive international pro bono legal assistance project ever undertaken by the US legal community. He served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J. Goldstone and was appointed by OSCE to advise on the creation of Serbia's War Crimes Tribunal and was actively involved with the Iraqi High Tribunal.

Anver M. Emon is associate 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 (Oxford University Press, 2010), Professor Emon is the editor in chief of Middle East Law and Governance: An Interdisciplinary Journal.

As Executive Director of the International Bar Association (IBA) Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world. Prior to joining the IBA, he spent ten years as the first Executive Director of the Central European and Eurasian Law Initiative (CEELI), a project of the American Bar Association (ABA). Providing technical legal assistance to twenty-eight countries in Central Europe and the former Soviet Union, and to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, CEELI remains the most extensive international pro bono legal assistance project ever undertaken by the US legal community. He served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J. Goldstone and was appointed by OSCE to advise on the creation of Serbia's War Crimes Tribunal and was actively involved with the Iraqi High Tribunal.

Benjamin Glahn is the Former Deputy Chief Program Officer and Program Director at the Salzburg Global Seminar.

Contributors:
John B Bellinger III, Partner, Arnold & Porter LLP, Washington, DC, and Adjunct Senior Fellow in International and National Security Law, Council on Foreign Relations; formerly The Legal Adviser, U.S. Department of State
Nehal Bhuta, Assistant Professor of International Affairs, The New School GPIA, New York
Kathleen Cavanaugh, Lecturer of International Law in the Faculty of Law, Irish Centre for Human Rights (ICHR), National University of Ireland, Galway
Hans Corell, Former Under-Secretary General for Legal Affairs, United Nations
Mark Ellis, Executive Director, International Bar Association
Anver M. Emon, Associate Professor, University of Toronto Faculty of Law
Benjamin Glahn, Former Program Director, Salzburg Global Seminar
Justice Richard Goldstone (ret), Constitutional Court of South Africa; Former Chief Prosecutor, International Criminal Tribunal for Yugoslavia and Rwanda
Murad Hussain, Associate, Arnold and Porter LLP, Washington DC
Malik Imtiaz, President, National Human Rights Council, Malaysia
Ratna Kapur, Director of the Centre for Feminist Legal Research, Geneva School of Diplomacy and International Relations; Lecturer, Indian Society for International Law
Urfan Khaliq, Senior Lecturer, Cardiff Law School, UK
Robin Lovin, Cary Maguire University Professor of Ethics, Southern Methodist University; Fellow, Center of Theological Inquiry
Muhammad Khalid Masud, Former Chairman, Council of Islamic Ideology, Islamabad, Pakistan
Errol Mendes, Professor of Law, University of Ottawa
Ziba Mir-Hosseini, Research Associate, Islamic and Middle Eastern Law, School of Oriental and African Studies, UK
Edward Mortimer, Senior Vice-President, Salzburg Global Seminar; former Director of Communications, United Nations Secretary-General
Justice Sandra Day O'Connor (ret), U.S. Supreme Court
Intisar Rabb, Assistant Professor, Faculty of Law, Boston College Law School
Javaid Rehman, Professor of Law, Brunel Law School, Brunel University
Abdullah Saeed, Director of Asia Institute, The University of Melbourne, Australia
Justice Adel Omar Sherif, Deputy Chief Justice of the Supreme Constitutional Court of Egypt
Sumner B. Twiss, Distinguished Professor of Human Rights, Ethics, and Religion, Florida State University
Lynn Welchman, Professor of Law, School of Oriental and African Studies, UK