The Role of the Judiciary in the Protection of Human Rights PDF Download

Author: Eugene Cotran
Publisher: BRILL
ISBN: 9004635009
Category : Law
Languages : en
Pages : 490

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Book Description
This volume contains papers presented at the conference 'The Role of the Judiciary in the Protection of Human Rights', held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council.

Author: Amira El-Azhary Sonbol
Publisher: Syracuse University Press
ISBN: 0815655436
Category : Social Science
Languages : en
Pages : 561

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Book Description
Most research has accepted stereotypical images of Muslim women, treating their outward manifestations, such as veiling, as passive and oppressive. Muslim women have been depicted as different, and by exoticizing (orientalizing) them—or Islamic society in general—"they" have been dealt with outside of general women’s history and regarded as having little to contribute to the writing of world history or to the life of their sisters worldwide. By approaching widely used sources with different questions and methodologies, and by using new or little-used material (with much primary research), this book redresses these deficiencies. Scholars revisit and reevaluate scripture and scriptural interpretation; church records involving non-Muslim women of the Arab world; archival court records dating from the present back to the Ottoman period; and the oral and material culture and its written record, including oral history, textbooks, sufi practices, and the politics of dress. By deconstructing the past, these scholars offer fresh perspectives on women’s roles and aspirations in Middle East societies.

Author: Ali Omar Ali Mesrati
Publisher: Springer Nature
ISBN: 9811681813
Category : Law
Languages : en
Pages : 218

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Book Description
This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.

Author: Anthony Chase
Publisher: University of Pennsylvania Press
ISBN: 0812208846
Category : Political Science
Languages : en
Pages : 332

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Book Description
Why have human rights been marginalized in the Arab world? How do we gauge the relevance of human rights in the region, given the political, social, and economic context? What are the practical and theoretical obstacles to the implementation of these rights? Human Rights in the Arab World: Independent Voices offers perspectives from those at the forefront of research on human rights and Islam, globalization, transnational advocacy, and the politics of key states such as Egypt, Morocco, and Yemen. Some chapters provide essential historical background to current political realities, while others consider ways to confront this region's practical and theoretical challenges to human rights. By placing the question of human rights in the often tragic context of Arab politics, the very real stakes are made clear.

Author: Terence C. Halliday
Publisher: Bloomsbury Publishing
ISBN: 1847314023
Category : Law
Languages : en
Pages : 520

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Book Description
Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.

Author: Ahmed Akgunduz
Publisher: IUR Press
ISBN: 9081726439
Category : Religion
Languages : en
Pages : 717

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Book Description
“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”

Author: Chibli Mallat
Publisher: OUP Oxford
ISBN: 0191021725
Category : History
Languages : en
Pages : 504

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Book Description
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

Author: Rajputana (Agency)
Publisher:
ISBN:
Category : Rajasthan (India)
Languages : en
Pages : 328

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Author: Lara Deeb
Publisher: Stanford University Press
ISBN: 150363387X
Category : History
Languages : en
Pages : 346

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Book Description
Practicing Sectarianism explores the imaginative and contradictory ways that people live sectarianism. The book's essays use the concept as an animating principle within a variety of sites across Lebanon and its diasporas and over a range of historical periods. With contributions from historians and anthropologists, this volume reveals the many ways sectarianism is used to exhibit, imagine, or contest power: What forms of affective pull does it have on people and communities? What epistemological work does it do as a concept? How does it function as a marker of social difference? Examining social interaction, each essay analyzes how people experience sectarianism, sometimes pushing back, sometimes evading it, sometimes deploying it strategically, to a variety of effects and consequences. The collection advances an understanding of sectarianism simultaneously constructed and experienced, a slippery and changeable concept with material effects. And even as the book's focus is Lebanon, its analysis fractures the association of sectarianism with the nation-state and suggests possibilities that can travel to other sites. Practicing Sectarianism, taken as a whole, argues that sectarianism can only be fully understood—and dismantled—if we first take it seriously as a practice.

Author: Gad G. Gilbar
Publisher: Taylor & Francis
ISBN: 1000740196
Category : History
Languages : en
Pages : 323

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Book Description
Until recently, the historiography of Middle Eastern economic elites during the first globalization has ignored the significant role played by Muslim tujjār (big merchant-entrepreneurs). Foreign firms and local minorities were considered the prime agents of economic change and the initiators of economic growth. The 12 studies in this volume show that the Muslim tujjār played a major economic role in various regions of the Middle East during the late nineteenth and early twentieth centuries. Their investments, mainly in commercial agriculture, resulted in economic growth and changed economic structures and social relations in many Middle Eastern communities. They were also involved in political developments, some of which had a dramatic effect on the history of their countries, as for instance in late Qajar Iran. They also played a unique role in the process of cultural change. Although they supported the ʿulamāʾ financially, they also contributed to the establishment of new educational and cultural institutions. The story of the tujjār is unique in the sense that it was the only indigenous elite group in the pre-World War I Middle East to bridge between traditional forces and concepts and Western attitudes and practices. (CS 1108).