An Introduction to Key Debates Between Islamic Law and International Human Rights Law

by Abdullah Saeed

Series: Elgar Studies in Human Rights

Publisher: Edward Elgar Pub (April 27, 2018)

Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur’an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law.

He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasizes the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.

Table of Contents

Introduction
1. Human rights and Islamic legal sources
2. Development of human rights and some basic conceptions
3. Islamic human rights instruments
4. Human rights and the idea of clash of civilizations
5. Islam and the state
6. Religion the state and human rights
7. Islam human rights and women
8. The rights of the child
9. Freedom of expression
10. Islam and religious freedom
11. Human rights and war
Conclusion

Source: Edward Elgar Publishing