Women, the Koran and international human rights law : the experience of Pakistan / Niaz A. Shah.

Format:

Book

Author/Creator:

Shah, Niaz A.

Series:

Studies in religion, secular beliefs, and human rights ; v. 4.

Studies in religion, secular beliefs, and human rights, 1871-7829 ; v. 4

Language:

English

Subjects (All):

Women--Legal status, laws, etc--Pakistan.

Women.

Women's rights--Pakistan.

Women's rights.

Women (Islamic law).

Women's rights--Religious aspects--Islam.

Physical Description:

1 online resource (273 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2006.

Language Note:

English

Summary:

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.

Contents:

Preliminary Material / Niaz a. Shah

Human Rights in Islam: an Introduction / Niaz a. Shah

Chapter 1. The Position of Women in Pre- and Post-Islamic Arabia / Niaz a. Shah

Chapter 2. The Equality of Men and Women in the Koran / Niaz a. Shah

Chapter 3. The Evolution of Islamic Law and Ijtihad / Niaz a. Shah

Chapter 4. The Role of Islam in Drafting the Constitution / Niaz a. Shah

Chapter 5. Gender Equality and the 1973 Constitution / Niaz a. Shah

Chapter 6. Islamisation of Criminal Laws / Niaz a. Shah

Chapter 7. Womens Rights and the Family Laws / Niaz a. Shah

Chapter 8. Towards an InternationalWomens Human Rights Regime / Niaz a. Shah

Chapter 9. Universality of Human Rights: Its Challenges / Niaz a. Shah

Chapter 10. Koranic, Pakistani and Human Rights Standards: a Comparison / Niaz a. Shah

Conclusion / Niaz a. Shah

Glossary of Islamic Terms / Niaz a. Shah

Bibliography / Niaz a. Shah

Index / Niaz a. Shah.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 241-257) and index.

ISBN:

1-281-40031-9

9786611400316

90-474-1017-3

OCLC:

237070774

Publisher Number:

10.1163/ej.9789004152373.i-263 DOI