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Modern Challenges to Islamic Law
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Indigenous Peoples and Ethnic Minorities of Pakistan
Examines the issues facing indigenous peoples and ethnic minorities, including their role in the nation's constitutional and legal developments, and makes a number of recommendations which would satisfy their demands without compromising the sovereignty of the state.
Gender and Human Rights in Islam and International Law
This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.
Conceptualising Islamic Law, CEDAW, and Women's Human Rights in Plural Legal Settings
Contributed articles.
Normativity and Diversity in Family Law
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Rethinking Empowerment
Rethinking Empowerment looks at the changing role of women in developing countries and calls for a new approach to empowerment. An approach that adopts a more nuanced, feminist interpretation of power and em(power)ment, recognises that local empowerment is always embedded in regional, national and global contexts, pays attention to institutional structures and politics and acknowledges that empowerment is both a process and an outcome. Moreover, the book warns that an obsession with measurement rather than process can undermine efforts to foster transformative and empowering outcomes. It concludes that power must be restored as the centrepiece of empowerment. Only then will the term and its advocates provide meaningful ammunition for dealing with the challenges of an increasingly unequal, and often sexist, global/local world.
Women's Human Rights
As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.
Religion, Human Rights and International Law
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
In the House of the Law
In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long negl...
From Transnational Relations to Transnational Laws
This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversi...
