Are human rights and Islamic law compatible? Can Muslim States comply with international human rights law whilst adhering to Islamic law? In this fully updated volume, international human rights law is placed in dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States through an analysis of each article of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women in light of the Islamic legal tradition. International Human Rights and Islamic Law formulates a synthesis between what can be perceived as two extremes, arguing that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law.
This 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.
Publisher: Oxford University Press
Number of pages: 410
Dimensions: 234 x 156 mm
Edition: 2nd Revised edition
..Baderin must be applauded for his effort to bridge the two legal systems. He stands in a tradition of Islamic Scholarship that is both proud of itself and aware of modern times and demands. * Leiden Journal of International Law *
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 *