Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Anver M. Emon is associate professor of law at the Faculty of Law, University of Toronto. His research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. The author of Islamic Natural Law Theories (Oxford University Press, 2010), Professor Emon is the editor in chief of Middle East Law and Governance: An Interdisciplinary Journal. As Executive Director of the International Bar Association (IBA) Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world. Prior to joining the IBA, he spent ten years as the first Executive Director of the Central European and Eurasian Law Initiative (CEELI), a project of the American Bar Association (ABA). Providing technical legal assistance to twenty-eight countries in Central Europe and the former Soviet Union, and to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, CEELI remains the most extensive international pro bono legal assistance project ever undertaken by the US legal community. He served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J. Goldstone and was appointed by OSCE to advise on the creation of Serbia's War Crimes Tribunal and was actively involved with the Iraqi High Tribunal. Benjamin Glahn is the Former Deputy Chief Program Officer and Program Director at the Salzburg Global Seminar.
Inhaltsangabe
* Foreword * 1: Mark Ellis, Anver M. Emon, Benjamin Glahn: Editors' Introduction * Part I: Islamic Law and International Human Rights Law * Narrating Law * Shari'a and the Modern State * Commentary to Anver M. Emon "Shari'a and the Modern State" and Kathleen Cavanaugh "Narrating Law" * Clearing Ground: Comment on "Shari'a and the Modern State" * Commentary: Shari'a as Rule of Law * Part II: Freedom of Speech * Rethinking the Universality of Human Rights: A Comparative Historical Proposal for the Idea of "Common Ground" with Other Moral Traditions * Negotiating Speech in Islamic Law and Politics: Flipped Traditions of Expression * The Great Divide and the Common Ground Between the United States and the Rest of the World * Part III: Freedom of Religion * Freedom of Religion and Belief in International Law: A Comparative Analysis * Pre-Modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its Punishment * The Freedom of Religion and Expression: A Rule of Law Perspective * Commentary * Part IV: Women's Equality * Unveiling Equality: Disciplining the 'Other' Woman Through Human Rights Discourse * Women in Search of Common Ground Between Islamic and International Human Rights Law * Women and Islamic Law - Commentary * Islamic and International Law: Searching for Common Ground: Musawah, CEDAW, and Muslim Family Laws in the 21st Century * Part V: Minority Rights * Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance * The Dialectic of International Law and the Contested Approaches to Minority Rights * Religious Minorities and Islamic Law * Islam vs. the Shari'a: Minority Protection within Islamic and International Legal Traditions * Epilogue: Common Ground or Clearing Ground?
* Foreword * 1: Mark Ellis, Anver M. Emon, Benjamin Glahn: Editors' Introduction * Part I: Islamic Law and International Human Rights Law * Narrating Law * Shari'a and the Modern State * Commentary to Anver M. Emon "Shari'a and the Modern State" and Kathleen Cavanaugh "Narrating Law" * Clearing Ground: Comment on "Shari'a and the Modern State" * Commentary: Shari'a as Rule of Law * Part II: Freedom of Speech * Rethinking the Universality of Human Rights: A Comparative Historical Proposal for the Idea of "Common Ground" with Other Moral Traditions * Negotiating Speech in Islamic Law and Politics: Flipped Traditions of Expression * The Great Divide and the Common Ground Between the United States and the Rest of the World * Part III: Freedom of Religion * Freedom of Religion and Belief in International Law: A Comparative Analysis * Pre-Modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its Punishment * The Freedom of Religion and Expression: A Rule of Law Perspective * Commentary * Part IV: Women's Equality * Unveiling Equality: Disciplining the 'Other' Woman Through Human Rights Discourse * Women in Search of Common Ground Between Islamic and International Human Rights Law * Women and Islamic Law - Commentary * Islamic and International Law: Searching for Common Ground: Musawah, CEDAW, and Muslim Family Laws in the 21st Century * Part V: Minority Rights * Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance * The Dialectic of International Law and the Contested Approaches to Minority Rights * Religious Minorities and Islamic Law * Islam vs. the Shari'a: Minority Protection within Islamic and International Legal Traditions * Epilogue: Common Ground or Clearing Ground?
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