International Human Rights and Islamic Law

This book explores the compatibility of international human rights with Islamic law, arguing for a synthesis that respects both frameworks. International Human Rights and Islamic Law provides insightful analysis and recommendations.

The book titled International Human Rights and Islamic Law delves deeply into the complex relationship between international human rights norms and Islamic legal principles. It raises critical questions about the compatibility of these two frameworks, particularly in the context of Muslim states. Through a thorough examination of traditional arguments, the author presents insights from both international human rights and Islamic legal perspectives, fostering a nuanced dialogue that challenges preconceived notions about their inherent conflicts.

In International Human Rights and Islamic Law, Baderin argues for a synthesis between the two legal systems, suggesting that while there are notable differences in their scope and application, these do not equate to a fundamental incompatibility. The book advocates for a reinterpretation of human rights that aligns with Islamic law, proposing that the concept of rights should be established from within Islamic themes rather than imposed externally. This approach encourages a more harmonious relationship between the two systems, ultimately benefiting both human rights discourse and Islamic jurisprudence.

The volume also meticulously analyzes key international covenants and conventions through the lens of Islamic law, demonstrating that a middle ground can be achieved. By employing the 'margin of appreciation' doctrine alongside Islamic principles like 'maqâsid al-sharî'ah' and 'maslahah', the author outlines a pathway for Muslim states to effectively integrate human rights into their legal frameworks. The conclusions drawn in International Human Rights and Islamic Law offer practical recommendations for enhancing the protection and enforcement of human rights in the Muslim world.