An introduction to international human rights law edited by azizur rahman chowdhury, jahid hossain bhuiyan. Islamic law vs human rights humanists international. Islamic international law international law oxford. Khadduri 1966 and hamidullah 1961 are both considered seminal studies, the former being an annotated translation of al. Islamic law and human rights international law oxford. This article explores the question of whether islamic law and universal human rights are compatible.
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. Islamic law and international protection of minority. More recently, the link between, inter alia, the rule of law, effective human rights protection and economic progress has been emphasized by the secretarygeneral of the united nations in his millennium report, where he emphasized that chapter 1 international human rights law and the role of the legal professions. This approach quickly ends in acrimony and accusations of. By attempting this goal, it will help make the case that, as the international human rights movement progressively recognizes the importance of human duties, a core shared universal. Arzt in his farewell address the prophet admonished. The relation between international law, islamic law and. Human rights and islamic law, with particular interest in the interaction between international law, human rights law and islamic law in muslim states. The reports drafters seem to be reassured by repeatedly pointing out that unlike the european convention, the islamic declarations of human rights have no binding legal force. The debates about the compatibility of islamic law with international human rights are taking on an increased significance in both the muslim and the nonmuslim worlds. The incompatibility of islamic syariah law with international human rights law has always been the main point of dissent between the socalled proponents of universal human rights and the.
Research handbook on international human rights law. Journal of islamic state practices in international law. The udhr paved the way for the later adoption of human rights treaties. He holds a first class honours bachelor degree in syariah and judiciary from usim and an ll. The islamic law and society has established itself as an invaluable resource for the subject both in the private collections of scholars and practitioners as well as in the major research libraries of the world. It was, however, difficult to establish the exact numbers of. Islamic law, international relations, and human rights. All individuals, solely by virtue of being human beings, have rights which no society or state should deny. The application of international human rights law in islamic states donna e. These rights include the right to life, the prohibition against torture and cruel, inhuman or degrading treatment or punishment, and the right to freedom of thought, conscience and religion. In this work he maintained that the sources and methods of islamic law can be fruitfully. It is on this ground that the declaration of human rights of 1948 constitutes the basic and the most anticipated instrument in the field of human rights in the system of international law. The convergence of international human rights and sharia law.
Pdf islamic law and international human rights law. In addition there is the broader framework of international human rights law ihrl, the main inspiration for which is the universal declaration of human rights udhr of 1948. It begins with an overview of human rights discourse after. Islamic law and international human rights law hardcover. 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. International human rights and islamic law by mashood a. Public reason as a strategy for principled reconciliation. Headscarf, freedom of religion, international human rights law 1. One of the contemporary challenges faced by islamic law today is the issue of compatibility between islamic law and international human rights law. International human rights and islamic law request pdf. How to reconcile islamic criminal law with human rights xvii the suggested reform of the hudud ordinances can be of assistance to the muslim countries where they are currently applied, and also to those where they are currently not practiced, but where radical muslims might gain more influence in. It seems that a particular point of controversy or in islam information. The case of islamic law and international human rights. Baderin new york, ny oxford university press 2003 279, including annex, glossary, bibliography and index.
Basic human rights the right to life the right to the safety of life respect for the chastity of women the right to a basic standard of life individuals right to freedom. But is islamic law as such contradictory to international human rights, or. Human rights in islam syed abul ala maududi table of index. Fadel, mohammad, public reason as a strategy for principled reconciliation. This book explores whether or not international human rights and islamic law are compatible. Public reason as a strategy for principled reconciliation fadel of islamic law. The debates about the compatibility of islamic law with international human rights are taking on an increased significance. Islamic law and international human rights law oxford. Human rights, the west and islam the western approach the islamic approach chapter two. The crc is at once the only international human rights treaty that expressly references islamic law11 and, alongside the. By the end of this module, students should be familiar with a range of englishlanguage scholarship on the subject of human rights and islamic law, have a clear understanding of the debates surrounding the relationship between human rights and islamic law, and, consequently, should be able to.
Islamic law and society provides a forum for research in the field of classical and modern islamic law, in muslim and nonmuslim countries. The application of international human rights law in. The main reason for this increased attention to the relevance of islam for international law is states and nonstate actors repeated references to. Many of the possibilities and limitations of baderins approach are clear in his itembyitem application of maslahah and maqaasidalshariah on. This volume is a comprehensive and authoritative comparative analysis which asks whether muslim states can comply with international human rights law whilst adhering to islamic law. Amongst his publications are international human rights and islamic law oup, 2003 and 2005. Islamic religious duty struggle in the way od god rules related to the international order human brotherhood war is only for defence, to prevent injustice and fend off aggression honouring the human being and preserving human rights to protect each persons existence and to preserve their rights islamic ethics and. International human rights and islamic law mashood a. In this work he maintained that the sources and methods of islamic law can be fruitfully employed in contemporary human rights discourse. However, not all ihrl courses in indonesia include islamic human rights as one of the taught. This approach quickly ends in acrimony and accusations of misunderstanding. A scholarly analysis of islamic law alongside international human rights law. 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. Islamic international law does not have, however, a separate body like the public.
Recommended citation annaim, abdullahi ahmed 1987 islamic law, international relations, and human rights. The compatibility of islamic law with international human rights law p 58. Islamic law and international human rights law oxford scholarship. International agreements on human rights certain rights are absolute. Ejil 152 chg206 european journal of international law. The relationship between islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. Pdf the urgency to incorporate the islamic concept of. The universal declaration of human rights udhr and subsequent instruments of international human rights law and international humanitarian law play a. Mashood baderin, in international human rights and islamic law, argued for the necessity of the islamic principle of maslaha for p. Stance on inhumane treatment on 26 june 1945, in san francisco, california, 50 of the 51 original member countries signed the united nation charter, and established the intergovernmental organization that would. Islamic reform toward an islamic reformation by abdullahi ahmend annaim is a seminal study.
International humanitarian law, islamic law and the. Max planck unyb 2009 378 justify breaches of internationally recognised human rights standards by references to islamic law. An elaborately referenced overview of the general and thematic issues of islamic international law can be found in bassiouni 20 and baderin 2008. International human rights laws are grossly violated by the hudud ordinances. University of toronto, legal studies research paper no.
Through this analysis, it offers a clear vision of the realisation of. The traditional arguments on this subject are examined and responded to from both international human rights and islamic legal perspectives. It asks whether muslim states can comply with international human rights law whilst adhering to islamic law. Confrontation of islamic sharia and human rights at the. Introduction islam is widely considered as europes fastestgrowing religion, with immigration and above average birth rates leading to a rapid increase in the muslim population.
The discourse between international human rights law ihrl and islam has been a longstanding one. The compatibility of islamic law with international human. Iheu has responded to claims that the cairo declaration of human rights in islam is not an alternative to the universal declaration of human rights but complementary to it. The book engages international human rights law in theoretical dialogue with islamic law, facilitating an evaluation of the human rights policy of modern muslim states. Iran ex clusively refers to islamic law in the interpretation of the shiite gafari school of law,12 the religion of the majority of the iranian people and the official creed of the iranian state. Particularly in the past two decades, this relationship has been expanded to some other international law areas including human rights and international terrorism. However, the conversation needs to be advanced, urgently, to the stage of not only locating commonalities, but ensuring that residents of socalled. Oxford journal of law and religion, volume 5, issue 2, june 2016, pages 379383. Your persons, properties and honor are declared sacred like the sanctity attaching to this day, this month and this spot. The book itself focuses on the intersection of, and often con. Pakistan, sudan, brunei darussalam and saudi arabia, for example, follow the doctrines of the four main sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are state parties. Islamic law and human rights law for the desirable objective of enhancing the protection and promotion of human rights in the muslim world. In short, islamic law and international human rights law is an excellent starting point for continuing dialogue on finding common ground between islamic law and international human rights law. The concise overview badr 1982 is a good introduction for any beginning student of islamic international law.
The essay explores the pluralism of both islamic law and human rights, the role of the state, and the impossibility of asserting that the fields are mutually exclusive or even in. International laws stance on human rights in regards to criminal punishment 1. United states of america human rights organization. International human rights and islamic law paperback. The volume engages international human rights law in.1085 1239 136 455 1399 1191 622 386 1393 1313 495 359 16 1534 1414 1521 186 608 1567 1581 689 1530 73 50 1308 1014 208 685 1426 827 1588 662 709 1381 612 130 749 1351 331 1445 1398 1380 1079