Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Housing Law Handbook

Housing Law Handbook

Diane Astin
Price: £85.00

More Information

Planning Law:
A Practitioner's Handbook
2nd ed




 William Webster, Robert Weatherley


Welcome to Wildys

Watch


Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)



 Ian Kawaley, David Doyle, Shade Subair Williams


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus (eBook)

Paul McDonough

ISBN13: 9781509919710
Published: December 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
The amount of VAT charged may change depending on your location of use.

The eBooks we sell are sold as a single-user licence and are intended for the end user only.
The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an e-mail will be sent to you to allow you to download the eBook. For UK purchases this will be automatic. For purchases outside the UK a member of staff will need to confirm the sale. (Staff are available to do this during normal business hours, Mon-Fri 8:30-17:00 UK time)

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.


Due to a technical issue some ebooks are not available to order.



Need help with ebook formats?


Also available as
Hardback
9781509919703
£95.00

This book examines the legal nature of “an” Islamic state and the human rights it commits to uphold. It offers the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions. This also supports an assessment of the place of Sharia in the national legal order.

The book unites three strands of analysis: the compatibility of Sharia with the rights enunciated in UN treaties; the patterns of adherence of Islamic states to human rights treaties; and the compatibility of international Islamic human rights declarations with UN standards.

By exploring all formal human rights commitments of all Islamic states within a single analytical framework, it will appeal to international human rights and constitutional scholars with an interest in Islamic law and states.

Subjects:
Human Rights and Civil Liberties, eBooks, Islamic Law
Contents:
Introduction
I. Background
A. Methodology
B. Plan of Chapters
1. The History of the Caliphates
I. The First Islamic State
II. Rule by the Prophet
A. The Emergence of Islam
B. The City-State of Medina
III. The Rashidun Caliphate
IV. The Dynastic Caliphates
A. Umayyad Rule
B. Post-Umayyad Caliphates
2. Islamic Law, International Law and Human Rights
I. Islamic law
A. Sources of Law
B. Proofs – Reasoned Law
C. Usul al-fi qh – Methods of Discovering Islamic Law
D. Purposive Law
E. Applying the Law
II. Islamic Law and International Law
A. International Human Rights Law
B. Siyar
C. Siyar and International Law
III. The Islamic Law of Human Rights
A. Human Rights Principles of Sharia
B. Human Rights According to Islamic Law
C. Compatibility of Islamic Law and International Human Rights
3. Islamic States
I. The Caliphate
A. Theory of the Caliphate
B. The Caliph and the Ulama
C. Legacy of the Caliphate
II. Ideas of an Islamic State
A. Islamic Revivalism
B. The Modernist View
C. Islamism
D. Islamic Constitutions
III. Islamic States in the International System
A. Islamic International Law
B. Islamic States and International Law
4. Islam, Constitutions and Democracy
I. Principles of Islamic Governance
A. The Divine Right to Rule
B. Just Rule
C. Shura
II. Assigning the Governing Power
A. Sharia and Constitutions
B. Choosing a Ruler
III. Dividing the Governing Power
A. Separating Civil from Religious Authority
B. Dividing the Executive Power
C. Legislation
IV. Courts and Constitutional Interpretation
V. Conclusion
Appendix
5. Islamic Law and International Law in Islamic Constitutions
I. Limiting Legislation through Sharia
A. Sharia as a Source of Legislation
B. Repugnancy Clauses 4
C. Defining the Limit
II. Sharia in Secular and Religious Courts
A. Islamic Law in the Hierarchy of National Law
B. Dividing Jurisdiction: Sharia Courts and Civil Courts
III. The Integration of Islamic Law and National Law
6. Islamic States and the UN Human Rights Treaties
I. The International Bill of Rights
A. Treaty Partners' Objections
B. A Middle Ground: Pakistan's ICCPR Reservations
II. UN Human Rights Treaties
III. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
A. General Reservations and Article 2 Reservations
B. Article 9
C. Article 15
D. Article 16
E. Objections to Reservations Regarding Articles 2, 9, 15 and 16
F. Patterns of CEDAW Reservations and Objections
IV. The Convention on the Rights of the Child (CRC)
V. Conclusion
7. Islamic International Human Rights Law
I. An Islamic Human Rights Consensus
II. Human Rights Commitments of Islamic States:
A Three Layer Analysis
A. Sharia and International Human Rights Treaties
B. Sharia and International Islamic Instruments
C. Islamic and International Human Rights Instruments
III. Reconciling Islamic Law and International Human Rights Law
A. Flexibility of Islamic Law
B. Interpreting Sharia for Islamic International Law
IV. Conclusion

Series: Studies in International Law

Cover of Rebellious Jurisprudence: Judicial Dissent and International Law
Rebellious Jurisprudence: Judicial Dissent and International Law
Hemi Mistry
ISBN 9781509920112
To be published August 2028
Hart Publishing
£65.00
Cover of The United Nations Security Council and the Authorisation of Force
The United Nations Security Council and the Authorisation of Force
Marko Svicevic
ISBN 9781509971299
To be published February 2027
Hart Publishing
£44.99
Non-State Effective Territorial Entities: Re-Thinking Capacity and Responsibility in International Law
Sarah McGibbon
ISBN 9781509994519
To be published February 2027
Hart Publishing
£90.00
Social Hierarchies in Catastrophic Times: International Law, Critique, and Structural Change
Edited by: Tor Krever, lys Kulamadayil, Praggya Surana
ISBN 9781509993215
To be published December 2026
Hart Publishing
£95.00
Cover of A Central Asian Perspective on International Law
A Central Asian Perspective on International Law
Sergey Sayapin
ISBN 9781509935499
Published April 2026
Hart Publishing
£95.00
Cover of The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
Felix Fouchard
ISBN 9781509971343
Published November 2025
Hart Publishing
£41.99
Cover of The United Nations Security Council and the Authorisation of Force
The United Nations Security Council and the Authorisation of Force
Marko Svicevic
ISBN 9781509971251
Published August 2025
Hart Publishing
£90.00
Cover of The United Nations Security Council and the Authorisation of Force (eBook)
The United Nations Security Council and the Authorisation of Force (eBook)
Marko Svicevic
ISBN 9781509971268
Published August 2025
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of Responses to Sea Migration and the Rule of Law
Responses to Sea Migration and the Rule of Law
Katia Bianchini
ISBN 9781509978489
Published August 2024
Hart Publishing
£90.00
Cover of Responses to Sea Migration and the Rule of Law (eBook)
Responses to Sea Migration and the Rule of Law (eBook)
Katia Bianchini
ISBN 9781509978496
Published August 2024
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (eBook)
The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (eBook)
Felix Fouchard
ISBN 9781509971312
Published May 2024
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
Felix Fouchard
ISBN 9781509971305
Published May 2024
Hart Publishing
£90.00
Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Armando Rocha
ISBN 9781509948130
Published March 2023
Hart Publishing
£42.99
Cover of The Responsibility to Protect and the Failures of the United Nations Security Council
The Responsibility to Protect and the Failures of the United Nations Security Council
P.M. Butchard
ISBN 9781509968701
Published December 2022
Hart Publishing
£42.99
Cover of Judicial Deference in International Adjudication: A Comparative Analysis
Judicial Deference in International Adjudication: A Comparative Analysis
Johannes Hendrik Fahner
ISBN 9781509943463
Published February 2022
Hart Publishing
£54.99
Cover of Prosecutorial Discretion at the International Criminal Court
Prosecutorial Discretion at the International Criminal Court
Anni Pues
ISBN 9781509944101
Published January 2022
Hart Publishing
£38.99
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
Britta Sjostedt
ISBN 9781509943937
Published November 2021
Hart Publishing
£42.99
Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Armando Rocha
ISBN 9781509948048
Published September 2021
Hart Publishing
£95.00
Cover of Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)
Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)
Natalie L. Dobson
ISBN 9781509935833
Published September 2021
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea (eBook)
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea (eBook)
Armando Rocha
ISBN 9781509948055
Published September 2021
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
Natalie L. Dobson
ISBN 9781509935826
Published September 2021
Hart Publishing
£95.00
Cover of The Readmission of Asylum Seekers under International Law
The Readmission of Asylum Seekers under International Law
Mariagiulia Giuffré
ISBN 9781509954759
Published August 2021
Hart Publishing
£42.99
Cover of The Law of Humanity Project: A Story of International Law Reform and State-making
The Law of Humanity Project: A Story of International Law Reform and State-making
Ukri Soirila
ISBN 9781509938919
Published August 2021
Hart Publishing
£90.00
Cover of International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello (eBook)
International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello (eBook)
Saeed Bagheri
ISBN 9781509950522
Published August 2021
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
Saeed Bagheri
ISBN 9781509950515
Published August 2021
Hart Publishing
£95.00
Cover of The Law of Humanity Project: A Story of International Law Reform and State-making (eBook)
The Law of Humanity Project: A Story of International Law Reform and State-making (eBook)
Ukri Soirila
ISBN 9781509938926
Published August 2021
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Julian Wyatt
ISBN 9781509952281
Published July 2021
Hart Publishing
£44.99
Cover of Predictability and Flexibility in the Law of Maritime Delimitation
Predictability and Flexibility in the Law of Maritime Delimitation
Yoshifumi Tanaka
ISBN 9781509952144
Published June 2021
Hart Publishing
£49.99
Cover of Allocating International Responsibility Between Member States and International Organisations
Allocating International Responsibility Between Member States and International Organisations
Nikolaos Voulgaris
ISBN 9781509946044
Published March 2021
Hart Publishing
£39.99
Cover of General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (eBook)
General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (eBook)
Imogen Saunders
ISBN 9781509936076
Published February 2021
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
Imogen Saunders
ISBN 9781509936069
Published February 2021
Hart Publishing
£100.00
Cover of Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus
Paul McDonough
ISBN 9781509919703
Published December 2020
Hart Publishing
£95.00
Cover of Prosecutorial Discretion at the International Criminal Court (eBook)
Prosecutorial Discretion at the International Criminal Court (eBook)
Anni Pues
ISBN 9781509928699
Published July 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Prosecutorial Discretion at the International Criminal Court
Prosecutorial Discretion at the International Criminal Court
Anni Pues
ISBN 9781509928682
Published July 2020
Hart Publishing
£100.00
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict (eBook)
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict (eBook)
Britta Sjostedt
ISBN 9781509922543
Published May 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
Britta Sjostedt
ISBN 9781509922536
Published May 2020
Hart Publishing
£100.00
Cover of The Readmission of Asylum Seekers under International Law
The Readmission of Asylum Seekers under International Law
Mariagiulia Giuffré
ISBN 9781509902491
Published February 2020
Hart Publishing
£100.00
Cover of The Readmission of Asylum Seekers under International Law (eBook)
The Readmission of Asylum Seekers under International Law (eBook)
Mariagiulia Giuffré
ISBN 9781509902521
Published February 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
Eithne Dowds
ISBN 9781509921898
Published January 2020
Hart Publishing
£95.00
Cover of Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent (eBook)
Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent (eBook)
Eithne Dowds
ISBN 9781509921904
Published January 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice
The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice
Christy Shucksmith
ISBN 9781509935727
Published December 2019
Hart Publishing
£35.99
Cover of Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (eBook)
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (eBook)
Julian Wyatt
ISBN 9781509929504
Published December 2019
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Julian Wyatt
ISBN 9781509929498
Published December 2019
Hart Publishing
£100.00