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Law > Law
International Human Rights and Islamic Law
Baderin, Mashood
ISBN 13: 
9780198738039
Previous ISBN (13): 
9780199285402
ISBN 10: 
019873803X
Category: 
Law
Edition: 
2
Publisher: 
Oxford University Press
Publication Date: 
09/2030
Format: 
Cloth
Status: 
Not Yet Published
Imprint: 
Oxford University Press
Affiliation: 
SOAS University of London
Audience: 
Professional and scholarly
Pages: 
410
Weight: 
2
Retail Price: 
135.00 (Tentative Price May Change)
Quantity On Hand: 
0
Quantity On Order: 
0
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Synopsis:
Are human rights and Islamic law compatible? Can Muslim States comply with international human rights law whilst adhering to Islamic law? In this fully updated volume, international human rights law is placed in dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States through an analysis of each article of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women in light of the Islamic legal tradition.

International Human Rights and Islamic Law formulates a synthesis between what can be perceived as two extremes, arguing that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. This volume concludes that it is possible to harmonize 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 'maqasid al-shari'ah' (the overall objective of Shari'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.

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