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Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Anver M. Emon is associate professor of law at the Faculty of Law, University of Toronto. His research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. The author of Islamic Natural Law Theories (Oxford University Press, 2010), Professor Emon is the editor in chief of Middle East Law and Governance: An Interdisciplinary Journal. As Executive Director of the International Bar Association (IBA) Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world. Prior to joining the IBA, he spent ten years as the first Executive Director of the Central European and Eurasian Law Initiative (CEELI), a project of the American Bar Association (ABA). Providing technical legal assistance to twenty-eight countries in Central Europe and the former Soviet Union, and to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, CEELI remains the most extensive international pro bono legal assistance project ever undertaken by the US legal community. He served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J. Goldstone and was appointed by OSCE to advise on the creation of Serbia's War Crimes Tribunal and was actively involved with the Iraqi High Tribunal. Benjamin Glahn is the Former Deputy Chief Program Officer and Program Director at the Salzburg Global Seminar.
Show moreDeepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Anver M. Emon is associate professor of law at the Faculty of Law, University of Toronto. His research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. The author of Islamic Natural Law Theories (Oxford University Press, 2010), Professor Emon is the editor in chief of Middle East Law and Governance: An Interdisciplinary Journal. As Executive Director of the International Bar Association (IBA) Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world. Prior to joining the IBA, he spent ten years as the first Executive Director of the Central European and Eurasian Law Initiative (CEELI), a project of the American Bar Association (ABA). Providing technical legal assistance to twenty-eight countries in Central Europe and the former Soviet Union, and to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, CEELI remains the most extensive international pro bono legal assistance project ever undertaken by the US legal community. He served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J. Goldstone and was appointed by OSCE to advise on the creation of Serbia's War Crimes Tribunal and was actively involved with the Iraqi High Tribunal. Benjamin Glahn is the Former Deputy Chief Program Officer and Program Director at the Salzburg Global Seminar.
Show moreEdward Mortimer: Foreword
1: Mark Ellis, Anver M. Emon, Benjamin Glahn: Editors'
Introduction
Part I: Islamic Law and International Human Rights Law
Kathleen Cavanaugh: Narrating Law
Anver M. Emon: Shari'a and the Modern State
Hans Corell: Commentary to Anver M. Emon "Shari'a and the Modern
State" and Kathleen Cavanaugh "Narrating Law"
Muhammad Khalid Masud: Clearing Ground: Comment on "Shari'a and the
Modern State"
Justice Adel Omar Sherif: Commentary: Shari'a as Rule of Law
Part II: Freedom of Speech
Nehal Bhuta: Rethinking the Universality of Human Rights: A
Comparative Historical Proposal for the Idea of "Common Ground"
with Other Moral Traditions
Intisar Rabb: Negotiating Speech in Islamic Law and Politics:
Flipped Traditions of Expression
John B Bellinger III & Murad Hussain: The Great Divide and the
Common Ground Between the United States and the Rest of the
World
Part III: Freedom of Religion
Urfan Khaliq: Freedom of Religion and Belief in International Law:
A Comparative Analysis
Abdullah Saeed: Pre-Modern Islamic Legal Restrictions on Freedom of
Religion, with Particular Reference to Apostasy and its
Punishment
Malik Imtiaz: The Freedom of Religion and Expression: A Rule of Law
Perspective
Sumner B. Twiss: Commentary
Part IV: Women's Equality
Ratna Kapur: Unveiling Equality: Disciplining the 'Other' Woman
Through Human Rights Discourse
Ziba Mir-Hosseini: Women in Search of Common Ground Between Islamic
and International Human Rights Law
Justice Sandra Day O'Connor: Women and Islamic Law - Commentary
Lynn Welchman: Islamic and International Law: Searching for Common
Ground: Musawah, CEDAW, and Muslim Family Laws in the 21st
Century
Part V: Minority Rights
Anver M. Emon: Religious Minorities and Islamic Law: Accommodation
and the Limits of Tolerance
Errol Mendes: The Dialectic of International Law and the Contested
Approaches to Minority Rights
Justice Richard Goldstone: Religious Minorities and Islamic Law
Javaid Rehman: Islam vs. the Shari'a: Minority Protection within
Islamic and International Legal Traditions
Robin Lovin: Epilogue: Common Ground or Clearing Ground?
Anver M. Emon is associate professor of law at the Faculty of Law,
University of Toronto. His research focuses on premodern and modern
Islamic legal history and theory; premodern modes of governance and
adjudication; and the role of Shari'a both inside and outside the
Muslim world. The author of Islamic Natural Law Theories (Oxford
University Press, 2010), Professor Emon is the editor in chief of
Middle East Law and Governance: An
Interdisciplinary Journal. As Executive Director of the
International Bar Association (IBA) Mark Ellis leads the foremost
international organization of bar associations, law firms and
individual lawyers in the world. Prior to joining the IBA, he spent
ten years as the first Executive Director of the Central European
and Eurasian Law Initiative (CEELI), a project of the American Bar
Association (ABA). Providing technical legal assistance to
twenty-eight countries in Central Europe and the
former Soviet Union, and to the International Criminal Tribunal for
the Former Yugoslavia (ICTY) in The Hague, CEELI remains the most
extensive international pro bono legal assistance project ever
undertaken by the US legal community. He served as Legal Advisor to
the Independent International Commission on Kosovo, chaired by
Justice Richard J. Goldstone and was appointed by OSCE to advise on
the creation of Serbia's War Crimes Tribunal and was actively
involved with the Iraqi High Tribunal. Benjamin Glahn is the Former
Deputy Chief Program Officer and Program Director at the Salzburg
Global Seminar.
Islamic Law and International Human Rights Law is an excellent
starting point for continuing dialogue on finding common ground
between Islamic law and international human rights law.
*Brian D. Lepard, Oxford Journal of Law and Religion*
This volume...significantly advances and broadens our knowledge,
both of the workings of Islamic law and international human rights
and the interface of the two, shining new light on the importance
of the agency of the State and civil society in that interaction.
Scholars and students of Islamic law, international human rights
law and international relations will find the contributions in this
book an excellent and innovative resource.
*Hakeem O. Yusef, The Howard Journal of Criminal Justice*
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