Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative StudyThis 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. |
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 |
Section OneThe Direct Influence of Sharia on the Ratification | 59 |
reservation of generally broad scope | 67 |
B Assessing the use of the Sharia as a justification | 79 |
The Impact of Sharia on the Implementation | 101 |
Iran | 151 |
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 |
Legal and Constitutional Framework | 107 |
The Implementation of Legislative Reforms | 119 |
8883 | 126 |
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 |
Egypt | 164 |
Iran | 167 |
Lebanon | 168 |
Pakistan | 169 |
Conclusion | 171 |
Appendix | 177 |
207 | |
Common terms and phrases
accessed 1 April amendment analysis apply Arab Article Bahrain CEDAW child Declaration DeLong-Bas n 45 Discrimination against Women divorce domestic law Egypt Elimination of Discrimination Esposito and DeLong-Bas family law Federal fiqh Government Hanafi Hanbali hudud human rights instruments Human Rights Law human rights norms human rights standards human rights treaties husband ibid ICCPR ijtihad impact implementation International Covenant international human rights International Law international treaties interpretation Iran Iranian Islamic Criminal Islamic Family Law Islamic Law Islamic Republic Islamic Sharia judicial jurists khul last accessed Lebanon legal system legislation Malaysia Maliki marriage ment Morocco Muslim countries Muslim World Journal object and purpose Pakistan Parliament parties personal status polygamy practice pre-Islamic Arabia principles provisions punishment Quran Rahim ratification reform regard Rehman relating religion religious reservations role rules Saudi Arabia Shafi'i Sharia courts Sharia law Shia Shia Islam status law Sunnah talaq tion Tunisia Turkey wife woman zina