International Human Rights Law and Islamic Theory of Legislation : Institutionalization of Ijtehad: A Way Forward for a Modern Muslim Nation State

Khatana, Abdur Rauf

ISBN 10: 3844314628 / ISBN 13: 9783844314625

Published by LAP LAMBERT Academic Publishing, 2011

About this Item

Zustand: Sehr gut | Sprache: Englisch | Produktart: Bücher | Having sought the consent of states through treaties, International Human Rights Law (IHRL) is devoted to achieve its universal scope and jurisdiction. Muslim States are well behind from the others in showing their adherence to fully preserve the spirit of IHRL treaties. Critics blame the arguable rigidity of Islamic law and its mixture with patriarchal culture being a suggested reason for the failure of Muslim States in adopting domestic legislation in order to protect and promote the international standard of human rights. Islamic scholarship pursues this debate in variant ways. Modernists stress on the evolution of Islamic law to be taken as a tool of reformation in that regard. Traditionalists accept the progressive nature of Islamic law in principle however remain stuck with the classical positions. ¿Islamic theory of legislation'' seeks an articulation of the eternal principles of Islamic law for law making on one hand while on the other elicits for the restoration of the role of scholars/jurists in process of main stream legislation tacking place in the legislatures of the contemporary Muslim States.

Seller Inventory # 10508558/2

Bibliographic Details

• Title: International Human Rights Law and Islamic Theory of Legislation : Institutionalization of Ijtehad: A Way Forward for a Modern Muslim Nation State
• Publisher: LAP LAMBERT Academic Publishing
• Publication Date: 2011
• Language: English
• ISBN 10: 3844314628
• ISBN 13: 9783844314625
• Binding: Soft cover
• Condition: Sehr gut
• Seller catalogs:
  • Bücher

About this title

Synopsis

Having sought the consent of states through treaties, International Human Rights Law (IHRL) is devoted to achieve its universal scope and jurisdiction. Muslim States are well behind from the others in showing their adherence to fully preserve the spirit of IHRL treaties. Critics blame the arguable rigidity of Islamic law and its mixture with patriarchal culture being a suggested reason for the failure of Muslim States in adopting domestic legislation in order to protect and promote the international standard of human rights. Islamic scholarship pursues this debate in variant ways. Modernists stress on the evolution of Islamic law to be taken as a tool of reformation in that regard. Traditionalists accept the progressive nature of Islamic law in principle however remain stuck with the classical positions. ?Islamic theory of legislation' seeks an articulation of the eternal principles of Islamic law for law making on one hand while on the other elicits for the restoration of the role of scholars/jurists in process of main stream legislation tacking place in the legislatures of the contemporary Muslim States.

About the Author

Abdur Rauf Khatna LL.B(hons)Sharia & Law MA Philosophy LL.M in Human Rights Conflict and Justice (SOAS, University of London) is Lecturer of Law at Bahria University, Islamabad. He is the managing editor of the journal of Law and Social Policy published by Bahria University Islamabad.