MASHOOD A. BADERIN
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199285402
- eISBN:
- 9780191709173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199285402.003.0003
- Subject:
- Law, Human Rights and Immigration
This chapter examines the provisions of the ICCPR in the light of Islamic law to determine their scope of compatibility. It investigates each right under the ICCPR, followed by an Islamic law ...
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This chapter examines the provisions of the ICCPR in the light of Islamic law to determine their scope of compatibility. It investigates each right under the ICCPR, followed by an Islamic law perspective of each right. It clarifies the international human rights law interpretations of the ICCPR by referring to the jurisprudence of the Human Rights Committee (HRC) and other scholarly expositions too. It cites practices of relevant Muslim States and mentions the OIC Cairo Declaration on Human Rights in Islam as current codified Islamic human rights standards recognized by Muslim States. It discusses the necessary articles of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in the analysis of the rights of women under the Covenant, due to its topicality in the international human rights-cum-Islamic law debate.Less
This chapter examines the provisions of the ICCPR in the light of Islamic law to determine their scope of compatibility. It investigates each right under the ICCPR, followed by an Islamic law perspective of each right. It clarifies the international human rights law interpretations of the ICCPR by referring to the jurisprudence of the Human Rights Committee (HRC) and other scholarly expositions too. It cites practices of relevant Muslim States and mentions the OIC Cairo Declaration on Human Rights in Islam as current codified Islamic human rights standards recognized by Muslim States. It discusses the necessary articles of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in the analysis of the rights of women under the Covenant, due to its topicality in the international human rights-cum-Islamic law debate.
MASHOOD A. BADERIN
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199285402
- eISBN:
- 9780191709173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199285402.003.0004
- Subject:
- Law, Human Rights and Immigration
This chapter examines the ICESCR in the light of Islamic law. It determines whether or not the Sharî'ah contradicts the provisions of the ICESCR in any way and whether or not the Sharî'ah can serve ...
More
This chapter examines the ICESCR in the light of Islamic law. It determines whether or not the Sharî'ah contradicts the provisions of the ICESCR in any way and whether or not the Sharî'ah can serve as a vehicle for the full realization of the rights recognized under the Covenant in Muslim States which apply Islamic law fully or as part of domestic law. It refers to the General Comments and practice of the Committee on Economic, Social, and Cultural Rights, and to other scholarly expositions on the Covenant. It employs the reporting guideline created by the ESCR Committee as an interpretational guide for relevant Articles for the Covenant. It examines each right from an international law perspective, followed by an Islamic law perspective. It also refers to the OIC Cairo Declaration on Human Rights in Islam and reports of Muslim States parties to the Covenant, where relevant.Less
This chapter examines the ICESCR in the light of Islamic law. It determines whether or not the Sharî'ah contradicts the provisions of the ICESCR in any way and whether or not the Sharî'ah can serve as a vehicle for the full realization of the rights recognized under the Covenant in Muslim States which apply Islamic law fully or as part of domestic law. It refers to the General Comments and practice of the Committee on Economic, Social, and Cultural Rights, and to other scholarly expositions on the Covenant. It employs the reporting guideline created by the ESCR Committee as an interpretational guide for relevant Articles for the Covenant. It examines each right from an international law perspective, followed by an Islamic law perspective. It also refers to the OIC Cairo Declaration on Human Rights in Islam and reports of Muslim States parties to the Covenant, where relevant.