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Vol 24 No 2 Feb/March 2019

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Gender and Human Rights in Islam and International Law

ISBN13: 9789041112682
ISBN: 9041112685
Published: January 2000
Publisher: CQ Press
Format: Hardback
Price: Out of print

This 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 application to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediencies, 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 of law and popular custom and usage.;Is the notion of human rights a purely ""Western"" concept? Is there a human rights discourse in Islam? What is the degree of compatibility or otherwise between the concept of human rights in the Islamic tradition and that viewed from an international legal perspective? Are men and women regarded as being equal in the Islamic legal tradition? Does formal equality always translate into substantive equality? This study aims to answer these and many other questions.;The author aims to deconstruct the various intractable notions that exist about gender, human rights, Islam and international law. She establishes a methodology for analyzing complex situations encompassing a variety of disciplines and presents a number of alternative approaches for their greater understanding. The book is based on extensive and in-depth research and provides a wealth of information across a number of fields including human rights, Islamic law, gender and the law, international law and constitutional law. It should be useful to academics, lawyers, researchers, activists and policy makers involved in human rights issues, gender studies and Islamic law.

Islamic Law
Acknowledgements. Abbreviations. Table of Cases. Table of Treaties. Table of Statutes. Introduction. Part I: Women's Human Rights in Islam: Initiating the Discourse. I. Human Rights in Islam and International Law: A Conceptual Analysis. II. Women's Human Rights in Islam: Towards a Theoretical Framework. Part II: Women's Human Rights in Islam: Application in Muslim Jurisdictions. A Case Study of Pakistan. III. `Public' and `Secular'? Women's Human Rights Under Constitutional Law. IV. `Private' and `Islamic'? A Discussion of Muslim Personal Law and Implications for Women's Human Rights. V. Customary Practices and `Cultural Islam': Emergence of the `Operative' Islam Law on Women's Human Rights. Part III: International Discourses on Women's Human Rights: Impact on Women in the Islamic Tradition. VI. Developments of the International Norm of Non-Discrimination on the Basis of Sex: An Evaluation of Women's Human Rights in International Law. VII. Response of Muslim States to International Human Rights Instruments Affecting Women: A Discussion in the Light of Reservations to the Women's Convention. Conclusion International Versus Islamic Schemes of Women's Human Rights: A Move towards Convergence? Appendices. Glossary. Bibliography.