Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative StudyThis research â?? 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 â?? 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 |
Chapter TwoThe Impact of the Sharia on the Ratification | 59 |
The Impact of Sharia on the Implementation | 101 |
Legal and Constitutional Framework | 107 |
The Implementation of Legislative Reforms | 119 |
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 |
Iran | 167 |
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 |
Lebanon | 153 |
Lebanon | 168 |
Pakistan | 169 |
Conclusion | 171 |
Appendix | 177 |
207 | |
Common terms and phrases
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