Awards

• Winner of Winner of Best Book Award, First International Book Festival on the Best Book on Human Rights and Islam 2004.

Overview

This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept.Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law.The 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 'maqâsid al-sharî'ah' (the overall objective of Sharî'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, and the volume concludes with recommendations to that effect.

Full Product Details

9780199285402

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Reviews

Mashood Baderin's International Human Rights and Islamic Law is a monumental contribution to an area that needs more scholarly contributions from intellectuals and scholars of Islamic law.... This book will be very illuminating for students, administrators and judicial personnel not only from the western world. Besides being knowledgeable in Islamic law, scripture, and Hadith, Baderin shows a remarkable grasp and understanding of international human rights law.... There is a pressing need to shift the intellectual discourse from that of a clash of civilizations to that of a dialogue among cultures. Baderin's work could pave the way to this alternative discourse. --The American Journal of Islamic Social Sciences<br>

<br> Mashood Baderin's International Human Rights and Islamic Law is a monumental contribution to an area that needs more scholarly contributions from intellectuals and scholars of Islamic law.... This book will be very illuminating for students, administrators and judicial personnel not only from the western world. Besides being knowledgeable in Islamic law, scripture, and Hadith, Baderin shows a remarkable grasp and understanding of international human rights law.... There is a pressing need to shift the intellectual discourse from that of a clash of civilizations to that of a dialogue among cultures. Baderin's work could pave the way to this alternative discourse. --The American Journal of Islamic Social Sciences<br>

Author Information

Mashood A. Baderin is Professor of Law at the School of Oriental and Asian Studies, University of London

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