Gender And Human Rights In Islam And International Lawequal Before Allah Unequal Before Man PDF Download
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Author | : Shaheen S. Ali |
Publisher | : BRILL |
Total Pages | : 380 |
Release | : 2021-11-08 |
Genre | : Law |
ISBN | : 9004479953 |
Download Gender and Human Rights in Islam and International Law Book in PDF, ePub and Kindle
This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.
Author | : Shaheen Ali |
Publisher | : Springer |
Total Pages | : 394 |
Release | : 2000-01-31 |
Genre | : Architecture |
ISBN | : |
Download Gender and Human Rights in Islam and International Law:Equal Before Allah, Unequal Before Man? Book in PDF, ePub and Kindle
Muslims in the Islamic.
Author | : Shaheen Sardar Ali |
Publisher | : |
Total Pages | : 358 |
Release | : 2000 |
Genre | : Sex discrimination against women |
ISBN | : |
Download Gender and Human Rights in Islam and International Law Book in PDF, ePub and Kindle
Author | : Niaz Shah |
Publisher | : BRILL |
Total Pages | : 273 |
Release | : 2006-11-01 |
Genre | : Law |
ISBN | : 9047410173 |
Download Women, the Koran and International Human Rights Law Book in PDF, ePub and Kindle
Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
Author | : Lena Larsen |
Publisher | : Bloomsbury Publishing |
Total Pages | : 288 |
Release | : 2013-04-30 |
Genre | : Social Science |
ISBN | : 0857721690 |
Download Gender and Equality in Muslim Family Law Book in PDF, ePub and Kindle
Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "
Author | : Shaheen Sardar Ali |
Publisher | : |
Total Pages | : |
Release | : 1998 |
Genre | : |
ISBN | : |
Download Equal Before Allah, Unequal Before Man? Book in PDF, ePub and Kindle
Author | : Mona Samadi |
Publisher | : BRILL |
Total Pages | : 234 |
Release | : 2021-05-25 |
Genre | : Law |
ISBN | : 9004446958 |
Download Advancing the Legal Status of Women in Islamic Law Book in PDF, ePub and Kindle
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Author | : Ekaterina Yahyaoui Krivenko |
Publisher | : BRILL |
Total Pages | : 280 |
Release | : 2008-11-30 |
Genre | : Law |
ISBN | : 9047424751 |
Download Women, Islam and International Law Book in PDF, ePub and Kindle
Islam and women’s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and women’s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim States’ participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and women’s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.
Author | : V. A. Mohamad Ashrof |
Publisher | : Gyan Books |
Total Pages | : 340 |
Release | : 2005 |
Genre | : Religion |
ISBN | : 9788178354569 |
Download Islam and Gender Justice Book in PDF, ePub and Kindle
A solemn attempt to rediscover the Qurnic basis of gender equality, determining the status of women in Islam, to recapture the spirit of quranic revelation further to reconstruct Islamic theology from an egalitarian perspectives. A comprehensive and exhaustive study.
Author | : Anver M. Emon |
Publisher | : OUP Oxford |
Total Pages | : 416 |
Release | : 2012-10-11 |
Genre | : Law |
ISBN | : 0199641447 |
Download Islamic Law and International Human Rights Law Book in PDF, ePub and Kindle
Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.