Suchergebnisse

part PART I GENERAL PRINCIPLES OF INTERNATIONAL LAW -- chapter 1 Islam and the Modem Law of Nations -- chapter 2 Siyar-ization and Its Discontents: International Law and Islam's Constitutional Crisis -- chapter 3 The Role of Islamic Law in the Contemporary World Order -- chapter 4 Islam and International Law: Toward a Positive Mutual Engagement to Realize Shared Ideals -- chapter 5 Islam and International Law -- part PART II INTERNATIONAL USE OF FORCE -- chapter 6 Views of Jihad Throughout History -- chapter 7 The Islamic Perception of the Use of Force in the Contemporary World -- chapter 8 Is There an Islamic Ethic of Humanitarian Intervention? -- part PART III INTERNATIONAL HUMANITARIAN LAW -- chapter 9 As-Salamu 'Alaykum? Humanitarian Law in Islamic Jurisprudence -- chapter 10 Islam and International Humanitarian Law: From a Clash to a Conversation between Civilizations -- part PART IV INTERNATIONAL TERRORISM -- chapter 11 Is Osama bin Laden's "Fatwa Urging Jihad Against Americans" dated 23 February 1998 Justified by Islamic Law? -- chapter 12 Violence, September 11 and the Interpretations of Islam -- part PART V INTERNATIONAL PROTECTION OF DIPLOMATS -- chapter 13 Protection of Diplomats under Islamic Law -- part PART VI INTERNATIONAL ENVIRONMENTAL AND WATER LAW -- chapter 14 Islam and Environmental Ethics: Tradition Responds to Contemporary Challenges -- chapter 15 Can there be Confluence? A Comparative Consideration of Western and Islamic Fresh Water Law -- part PART VII UNIVERSALITY OF HUMAN RIGHTS -- chapter 16 Islamic Law/Shari'a, Human Rights, Universal Morality and International Relations -- chapter 17 Muslim Voices in the Human Rights Debate -- chapter 18 A New Perspective on the Universality Debate: Reverse Moderate Relativism in the Islamic Context -- chapter 19 Islam and Human Rights: Beyond the Universality Debate -- part PART VIII WOMEN'S RIGHTS -- chapter 20 Women's Rights in the Muslim World: Reform or Reconstruction? -- chapter 21 Women's Human Rights in Islam: Towards a Theoretical Framework -- chapter 22 Women's Human Rights in the Koran: An Interpretive Approach -- part PART IX RIGHTS OF THE CHILD -- chapter 23 The Impact of Islamic Law on the Implementation of the Convention on the Rights of the Child: The Plight of non-Marital Children under Shari'a -- chapter 24 Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation -- part PART X RIGHTS OF RELIGIOUS MINORITIES -- chapter 25 Accommodating Religious Identities in an Islamic State: International Law, Freedom of Religion and the Rights of Religious Minorities -- chapter 26 Non-Muslims in the Islamic State: Majority Rule and Minority Rights -- part PART XI STATE PRACTICE -- chapter 27 The Search for Human Rights Within an Islamic Framework in Iran -- chapter 28 A Macroscopic Analysis of the Practice of Muslim State Parties to International Human Rights Treaties: Conflict or Congruence?.

This article argues that while Islam may not be the sole factor for ensuring the realization of human rights in Muslim States, it is certainly a significant factor that can be constructively employed as a vehicle for improving the poor human rights situation in predominantly Muslim States that recognise Islam as State religion or apply Islamic law or Islamic principles as part of State law. It addresses the question of how best to realize that in light of the two essential approaches (the `socio-cultural approach' and the `politico-legal approach') for promoting and protecting human rights generally, and the two divergent perspectives (the `adversarial perspective' and the `harmonistic perspective') to the discourse on Islam and human rights. The article then advances the view that the harmonistic perspective would be most helpful for employing Islam as a vehicle for the realization of human rights in the Muslim world within the context of the socio-cultural and politico-legal approaches for promoting and protecting human rights generally. Relevant academic and policy oriented examples, especially in relation to promoting women's rights in the Muslim world, are cited to substantiate this position.