Overview

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.

Full Product Details

Author:   Shaheen S. Ali
Publisher:   Kluwer Law International
Imprint:   Kluwer Law International
Dimensions:   Width: 15.50cm , Height: 2.50cm , Length: 23.50cm
Weight:   0.717kg
ISBN:  

9789041112682

ISBN 10:   9041112685
Pages:   358
Publication Date:   01 January 2000
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock  
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Table of Contents

Acknowledgements. Abbreviations. Table of Cases. Table of Treaties. Table of Statutes. Introduction. Part I: Women's Human Rights in Islam: Initiating the Discourse. I. Human Rights in Islam and International Law: A Conceptual Analysis. II. Women's Human Rights in Islam: Towards a Theoretical Framework. Part II: Women's Human Rights in Islam: Application in Muslim Jurisdictions. A Case Study of Pakistan. III. `Public' and `Secular'? Women's Human Rights Under Constitutional Law. IV. `Private' and `Islamic'? A Discussion of Muslim Personal Law and Implications for Women's Human Rights. V. Customary Practices and `Cultural Islam': Emergence of the `Operative' Islam Law on Women's Human Rights. Part III: International Discourses on Women's Human Rights: Impact on Women in the Islamic Tradition. VI. Developments of the International Norm of Non-Discrimination on the Basis of Sex: An Evaluation of Women's Human Rights in International Law. VII. Response of Muslim States to International Human Rights Instruments Affecting Women: A Discussion in the Light of Reservations to the Women's Convention. Conclusion International Versus Islamic Schemes of Women's Human Rights: A Move towards Convergence? Appendices. Glossary. Bibliography.

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Author Information

Shaheen Sardar Ali is Professor of Law at the University of Peshawar, Pakistan, and a former Director of the Women's study Centre at the same university. She is the only woman legal academic holding the position of Professor of Law in Pakistan. In 1998, she gained a Ph.D. at the University of Hull, UK, and is currently based at the School of Law, University of Warwick, UK. She has extensive experience of gender and human rights issuess relating to Islam, and has written or contributed to numerous books and journals on the subject.

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