Copyright (c) 2008 All rights reserved. http://works.bepress.com/mashood_baderin Recent documents in Mashood A. Baderin en-us Thu, 03 Jan 2008 09:58:22 PST 3600 http://works.bepress.com/mashood_baderin/13 http://works.bepress.com/mashood_baderin/13 Wed, 19 Sep 2007 08:15:03 PDT This article argues that while Islam may not be the sole factor for ensuring the realization of human rights in Muslim States, it is certainly a significant factor that can be constructively employed as a vehicle for improving the poor human rights situation in predominantly Muslim States that recognise Islam as State religion or apply Islamic law or Islamic principles as part of State law. It addresses the question of how best to realize that in light of the two essential approaches (the `socio-cultural approach' and the `politico-legal approach') for promoting and protecting human rights generally, and the two divergent perspectives (the `adversarial perspective' and the `harmonistic perspective') to the discourse on Islam and human rights. The article then advances the view that the harmonistic perspective would be most helpful for employing Islam as a vehicle for the realization of human rights in the Muslim world within the context of the socio-cultural and politico-legal approaches for promoting and protecting human rights generally. Relevant academic and policy oriented examples, especially in relation to promoting women's rights in the Muslim world, are cited to substantiate this position. Mashood A. Baderin http://works.bepress.com/mashood_baderin/12 http://works.bepress.com/mashood_baderin/12 Tue, 10 Jul 2007 10:46:01 PDT Mashood A. Baderin http://works.bepress.com/mashood_baderin/11 http://works.bepress.com/mashood_baderin/11 Tue, 10 Jul 2007 10:37:40 PDT Mashood A. Baderin http://works.bepress.com/mashood_baderin/10 http://works.bepress.com/mashood_baderin/10 Tue, 10 Jul 2007 10:35:05 PDT Mashood A. Baderin http://works.bepress.com/mashood_baderin/9 http://works.bepress.com/mashood_baderin/9 Tue, 10 Jul 2007 10:32:50 PDT Mashood A. Baderin http://works.bepress.com/mashood_baderin/8 http://works.bepress.com/mashood_baderin/8 Tue, 10 Jul 2007 10:28:14 PDT This article argues that ensuring effective legal representation for accused persons under the Islamic criminal justice system can serve as an important procedural means for addressing human rights concerns in those States that currently apply Islamic criminal law as State law. Mashood A. Baderin http://works.bepress.com/mashood_baderin/6 http://works.bepress.com/mashood_baderin/6 Tue, 10 Jul 2007 08:47:28 PDT The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law. Mashood A. Baderin http://works.bepress.com/mashood_baderin/5 http://works.bepress.com/mashood_baderin/5 Tue, 10 Jul 2007 08:47:27 PDT On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to protect a range of important economic, social, and cultural rights. Forty years later the vast majority of States have ratified this treaty. Despite this history, there remains considerable debate, both within the literature and within the international community generally, about the concept and application of economic, social, and cultural rights. This collection gives a coherent analysis of many of the key issues, both in concept and in application, relevant to economic, social, and cultural rights. The authors of the chapters, many of whom are leading scholars in their fields with significant experience in practice, examine how the obligations to protect these rights have been applied today, including their application to the Security Council and to non-state actors, as well as in the context of development and dispossession. They provide important universal and regional comparative perspectives on the development and implementation of these rights, and consider some of the contemporary issues relating to these rights, such as trade, health, and social security. Mashood A. Baderin http://works.bepress.com/mashood_baderin/4 http://works.bepress.com/mashood_baderin/4 Tue, 10 Jul 2007 08:47:27 PDT Mashood A. Baderin http://works.bepress.com/mashood_baderin/3 http://works.bepress.com/mashood_baderin/3 Tue, 10 Jul 2007 08:47:26 PDT The book examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The book engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. It formulates a synthesis between two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law, and that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The book concludes that it is possible to harmonise 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 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. It asserts that Islamic law can serve as an important vehicle for securing the enforcement of international human rights law in the Muslim world, and concludes with recommendations to that effect. Mashood A. Baderin