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Religious Legal Traditions, International Human Rights Law and Muslim States
This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.
Model Codes for Post-conflict Criminal Justice
Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.
Velvet Jihad
There are numerous conflicts ensuing in the Middle East, but not all are being fought with rockets and rifles. While the Internet has proven invaluable to those who wish to uphold a patriarchal society and spread the message of Islamic fundamentalism, Muslim women have used the Web to build a transnational community intent on growing women’s rights in the Middle East. There is a large disparity between a Muslim woman's role according to the Qur'an and her role as some corners of Muslim society have interpreted it. In Velvet Jihad Faegheh Shirazi reveals the creative strategies Muslim women have adopted to quietly fight against those who would limit their growing rights. Shirazi examines issues that are important to all women, from routine matters such as daily hygiene and clothing to controversial subjects like abortion, birth control, and virginity. As a woman with linguistic expertise and extensive life experience in both Western and Middle Eastern cultures, she is uniquely positioned as an objective observer and reporter of changes and challenges facing Muslim women globally.
Ottoman and Turkish Law
For the last two centuries, Turkish residents have been dreaming of the realization of the rule of law. Through a collection of essays, Ottoman and Turkish Law explores this dream and shows that when Turks and their state start to believe law is above all, change will occur. In these essays, author Fatih Öztürk provides unique perspectives on why Turkey, in the aftermath of Ottoman decline, requires a closer examination of its practices under the modern rule of law. Compiled and evaluated while Öztürk was living in Ireland, the articles, written from a constitutional law point of view, revolve around the question of how fundamental rights in a liberal democracy can be protected. Furthering the goal of achieving greater protection of human rights in modern democracies, Ottoman and Turkish Law approaches the rule of law from the international perspective. It draws attention to the inability of the Turkish legal system to rid itself of arcane and outdated legal interpretations, practices, and traditions. It provides impetus for Turkey to move toward a more thorough, modern, and socially as well as historically relevant approach.
Freedom of Religion or Belief
Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodie...
Arcs of Global Justice
M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothles...
Implementing Article 12 of the UN Convention on the Rights of the Child
In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child, Rebecca Thorburn Stern analyses how CRC state parties describe their implementation of Article 12 on respect for the child’s views. The focus of the study is on if, and how, references to traditional attitudes are used by state parties to explain their actions and inactions when implementing this key right and principle. It is shown that 'traditional attitudes' are employed less as justification of poor implementation than as a way of allocating responsibility to the population rather than to the state party, and that references to tradition remain a mainly non-Western phenomenon, thus also overlooking the impact of traditional attitudes in Western societies.
Advancing the Legal Status of Women in Islamic Law
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
State–Religion Relationships and Human Rights Law
This book examines the question of how the mode of state–religion identification affects the state’s scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state–religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist betwe...
