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 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. 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.
2: Human Rights and Islamic Law: Theoretical Perspectives
3: The Purview of Modern "Islamic" Human Rights Instruments
4: The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law
5: The International Covenant on Economic, Social, and Cultural Rights (ICESCR) in the Light of Islamic Law
6: The Concept of Right to Development (RTD) in the Light of Islamic Law