Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study

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BIICL, 2008 - Law - 240 pages
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This research ?? undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties ?? measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
  

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Contents

Chapter OneThe Interrelationship between Islamic Law
1
Subsection TwoSharia law and Human Rights
21
Section TwoThe Status of Islamic law within the Legal
32
Subsection TwoThe Place Accorded to Islam in
43
Tunisia
51
Chapter TwoThe Impact of the Sharia on the Ratification
59
The Impact of Sharia on the Implementation
101
Legal and Constitutional Framework
107
Lebanon
153
Malaysia
154
Morocco
155
Pakistan
156
Turkey
159
B The implementation of human rights standards through the use of Islamic jurisprudence
160
Bahrain
162
Egypt
164

The Implementation of Legislative Reforms
119
Section FourThe Role of the Judiciary in the Application
138
Tunisia
146
The Application of International Human Rights Norms by National Courts
147
A The application of international human rights norms by the national courts in Muslim states
148
Egypt
149
Iran
151
Iran
167
Lebanon
168
Pakistan
169
Conclusion
171
Appendix
177
Bibliography
207
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About the author (2008)

Nisrine Abiad is a Research Fellow at the British Institute of International and Comparative Law.

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