Islamic law and international human rights law : searching for common ground? / edited by Anver M. Emon, Mark S. Ellis, Benjamin Glahn.

Format:

Book

Conference/Event

Contributor:

Emon, Anver M., editor.

Ellis, Mark S., editor.

Glahn, Benjamin, editor.

International Bar Association, sponsoring body.

Center of Theological Inquiry (Princeton, N.J.), sponsoring body.

Conference Name:

Salzburg Global Seminar, sponsoring body.

Language:

English

Subjects (All):

Civil rights (Islamic law)--Congresses.

Civil rights (Islamic law).

Human rights--Religious aspects--Islam--Congresses.

Human rights.

International law and human rights--Congresses.

International law and human rights.

Freedom of expression (Islamic law)--Congresses.

Freedom of expression (Islamic law).

Physical Description:

1 online resource (922 p.)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, 2013.

Language Note:

English

Summary:

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. 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. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature ofhow legal rules operate in a society, and meaningful comparison and discussion is impossible.In this volume, leading

Contents:

Cover Page; Title Page; Copyright Page; Contents; List of Contributors; Editors' Introduction-From 'Common Ground' to 'Clearing Ground': A Model for Engagement in the 21st Century; Part I: Islamic Law and International Human Rights Law; 1 Narrating Law; 2 Shari'a and the Modern State; 3 Commentary to 'Shari'a and the Modern State' and 'Narrating Law'; 4 Islamic and International Law: Convergence or Conflict?; 5 Clearing Ground: Commentary to 'Shari'a and the Modern State'; 6 Commentary: Shari'a as Rule of Law; Part II: Freedom of Speech

7 Rethinking the Universality of Human Rights: A Comparative Historical Proposal for the Idea of 'Common Ground' with Other Moral Traditions8 Negotiating Speech in Islamic Law and Politics: Flipped Traditions of Expression; 9 Freedom of Speech: The Great Divide and the Common Ground between the United States and the Rest of the World; Part III: Freedom of Religion; 10 Freedom of Religion and Belief in International Law: A Comparative Analysis; 11 Pre-Modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its Punishment

12 Freedom of Religion and Expression: A 'Rule of Law' Perspective13 Freedom of Conscience and Religion: A Brief Reflection; Part IV: Gender Equality; 14 Un-Veiling Equality: Disciplining the 'Other' Woman Through Human Rights Discourse; 15 Women in Search of Common Ground: Between Islamic and International Human Rights Law; 16 Commentary: Women and Islamic Law; 17 Musawah, CEDAW, and Muslim Family Laws in the 21st Century; Part V: Minority Rights; 18 Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance

19 The Dialectic of International Law and the Contested Approaches to Minority Rights20 Commentary: Religious Minorities and Islamic Law; 21 Islam vs the Shari'a: Minority Protection within Islamic and International Legal Traditions; Epilogue-Common Ground or Clearing Ground?; Index; Footnotes; Introduction; Chapter 1; Chapter 2; Chapter 3; Chapter 4; Chapter 5; Chapter 6; Part 2; Chapter 7; Chapter 8; Chapter 9; Chapter 10; Chapter 11; Chapter 12; Chapter 13; Part 4; Chapter 14; Chapter 15; Chapter 16; Chapter 17; Part 5; Chapter 18; Chapter 19; Chapter 20; Chapter 21; Chapter 22

Notes:

Includes index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-174110-8

1-283-71274-1

0-19-164570-2

0-19-164569-9

OCLC:

818851548