Suchergebnisse

AbstractProtecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata'at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata'at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East

Contents -- Editorial -- Javaid Rehman, Ayesha Shahid and Steve Foster -- Part 1: Focused Theme: India and Human Rights -- 1 The Indian Death Penalty and the 'Collective Conscience of Society' -- Satvinder Juss -- 2 Situating Modern Indian Secularism: A Constitutional Perspective -- Tony Meacham -- 3 Right to Land as Part of the Right to Culture: An International Law Critique of the Recent Indian Supreme Court Order on the India's Forest Rights Act -- S. Pandiaraj -- 4 Debunking the Validity of Culture-Based Justifications for the Retention of the Marital Rape Exemption in India -- Adrija Ghosh -- Part 2: General Articles -- 5 The 'Unwilling' and 'Unable' Test in International Law: The Use of Force against Non-State Actors in Pakistan and Afghanistan -- Niaz A. Shah -- 6 Reconciling Religious Speech with the Duty to Maintain Equality and Diversity: The Decision in Ngole v Sheffield University -- Steve Foster -- 7 Childhood Radicalisation and Parental Extremism: How Should Family Law Respond? Insights from A Local Authority v X, Y and Z -- Fatima Ahdash -- 8 Protection of Adopted Children's Rights to Custody and Maintenance: An Appraisal of the Law Governing Muslims in Malaysia -- Azizah Mohd and Nadhilah A. Kadir -- 9 The Extent of the Right to Freedom of Speech and Expression for the Parliamentary Immunity and Privilege -- Muthanna Saari and Wan Noorzaleha Wan Hasan -- 10 Indigenous People in South Asia: Issues of Identity and Protection of Cultural Rights in a Changing World -- Devashree Tulankar -- 11 The Importance of Customary International Law for the Resurrection and Enforcement of the Norms -- Bushra Malik and Syed Raza Shah Gilani -- Part 3: Recent Developments and State Practice -- 12 The War on Terror on the Silk Road: Changing Discourses -- Matthias Vanhullebusch -- 13 Protection of the Right to Freedom of Religion or Belief in Pakistan -- Zia Ullah Ranjah -- 14 Institutionalised Islamophobia: The Rise of European Nationalism against Freedom of Religion for Muslims -- Saira Khan -- 15 Bahrain's Pioneering Role in the Protection of the Rights of Temporary Workers in the Gulf Region -- Ahmed Almutawa and Khalid Aldweri -- 16 The Laws against Acid Violence in Bangladesh: Gaps in Implementation -- Taslima Yasmin -- Part 4: Documents -- Agreement on the Establishment of South Asian Regional Standards Organisation (SARSO) -- Charter of the SAARC Development Fund (SDF) -- Protocol of Accession of Islamic Republic of Afghanistan to Agreement on South Asian Free Trade Area (SAFTA) -- SAARC Convention on Mutual Assistance in Criminal Matters -- Agreement for Establishment of South Asian University -- SAARC Limited Multilateral Agreement on Avoidance of Double Taxation and Mutual Administrative Assistance in Tax Matters -- Agreement for Establishment of SAARC Arbitration Council -- SAARC Agreement on Mutual Administrative Assistance in Customs Matters -- Agreement on South Asian Free Trade Area (SAFTA) -- SAARC Convention on Narcotic Drugs and Psychotropic Substances -- Headquarters Agreement Between His Majesty's Government of Nepal and the Secretariat of the South Asian Association for Regional Cooperation (SAARC) -- Summaries of Proceedings of Human Rights Monitoring Bodies ( Covering the Period August 2018–September 2019 ) -- Part 5: Book Reviews -- Five Women, Five Books and Pakistan --  Amber Darr.

Front Matter -- Copyright page -- Acknowledgements -- Notes on Contributors -- Islam and the Global Turn in the History of International Law /Ignacio de la Rasilla -- The Protean Historical Mirror of International Law /Ignacio de la Rasilla -- How Should International Lawyers Study Islamic Law and Its Contribution to International Law? /Michelle Burgis-Kasthala -- An Exploration of the 'Global' History of International Law: Some Perspectives from within the Islamic Legal Traditions /Ayesha Shahid -- Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion /John D. Haskell -- The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum? /Robert Kolb -- Khadduri as Gatekeeper of the Islamic Law of Nations? /Jean Allain -- In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law /Ignacio Forcada Barona -- The Other 'Other': Moors, International Law and the Origin of the Colonial Matrix /Pierre-Alexandre Cardinal and Frédéric Mégret -- Law, Religion and Power: Texts and Discourse of Conquest /Luigi Nuzzo -- Land Rights in Nineteenth-Century Ottoman State Succession Treaties /Ilias Bantekas -- The Evolution of the Personality of the Malay Sultanate States /Haniff Ahamat and Nizamuddin Alias -- On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction? /Matthias Vanhullebusch -- The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse /Mohamed Badar , Ahmed Al-Dawoody and Noelle Higgins -- Back Matter -- Index.

Front Matter -- Dedication -- Editorial -- International Conference: Law, Gender and Sexuality, Friday, 26 October 2018 -- Coming 'Home'? Legal Developments Relating to Transgender Communities and Implications for Muslim Family Law /Shaheen Sardar Ali -- #MeToo, Sex Wars 2.0 and the Power of Law /Brenda Cossman -- Necessity of Recognition of Same-Sex Marriages Concluded Abroad /Ewa Kamarad -- Universalism or Cultural Relativism? Case Study of Same-Sex Marriage in Taiwan /Erich Hou -- Gendered Human Rights and Medical Sexing Interventions upon Intersex Children: A Preliminary Enquiry /Giovanna Gilleri -- Sticking to Their Guns: The United Nations' Failure to See the Potential of Islamic Feminism in the Promotion of Women's Rights in Afghanistan /Farnush Ghadery -- ART, Surrogacy, Federalism and Jus Sanguinis Citizenship in the US, Australia, and Canada /Scott Titshaw -- Gender Imaginaries, Child Soldiering, and International Criminal Law /Monica Ingber -- Responses of Resilience: The Delhi Gang Rape /Karenjot Bhangoo Randhawa -- Women's Rights on Trial: Gender Equality in a Family Court in Ben Ali's Tunisia /Sarah Grosso -- Where Are You Going, Snail? Legal Recognition of Same-Sex Relationships in Japan /Yoshiaki Sato -- Democratising Criminal Justice Systems: Sexual Violence Cases in the Citizen Judge Trials in Japan /Yumiko Kita -- Chinese Migrant Children: Do They Have the Right to Education? /Margaret Liu -- From Faskh to Khula: Transformation of Muslim Women's Right to Divorce in Pakistan (1947-2017) /Muhammad Zubair Abbasi -- Rape as Play: Yellow Peril Panic and a Defence of Fantasy /Ummni Khan and Jean Ketterling -- Trans* Legalities: Preliminary Study of Files on the Recognition of Trans* Identities in Peru /Carlos J. Zelada and Carolina Neyra-Sevilla -- Sexual Politics and Law in Iran: The Narrative Surrounding the 2013 Bills /Anicée Van Engeland -- A Feminist Critique of Indian Criminal Law /Thulasi K. Raj and Chandni Chawla -- Crime, Discrimination and Freedom in Asia /Matthias Vanhullebusch -- Justice in Exile? The Implications of 'Temporary Exclusion Orders' for the Right to a Fair Trial /Ben Stanford -- An Appraisal of the Constitutional Developments and Its Impact on the Political Economy of Pakistan /Naveed Ahmed -- Women's Right to Social Security and Social Protection: Mapping the Gaps in the Jurisprudence of the UN Human Rights Treaty Bodies /S. Pandiaraj -- Summaries of Proceedings of Human Rights Monitoring Bodies /Denise Venturi and Silvia Venier -- Book Review 1: The Business of Transition: Law Reform, Development and Economics in Myanmar, edited by Melissa Crouch, 2017 /Annapurna Waughray -- Book Review 2: The Making of International Human Rights, written by Steven L.B. Jensen, 2016 /Antal Berkes -- Book Review 3: Islamic Law: Cases, Authorities and World View, written by Ahmed Atif Ahmed, 2017 /Amin Al-Astewani -- Book Review 4: Proportionality and the Rule of Law: Rights, Justification, Reasoning, edited by Grant Huscroft, Bradley W. Miller & Grégoire Webber, 2014 596 /Gerard Conway.

Preliminary Material -- 1 Increasing the Civic Society Contribution to Tackling Extremism /Nazir Afzal -- 2 The Use of Force against Da'esh and the Jus ad Bellum  /Michael Wood -- 3 The Self-declared Islamic State (Da'esh) and Ius ad Bellum under Islamic International Law /Mohamed Elewa Badar -- 4 An International Terrorism Court in nuce in the Age of International Adjudication /Ignacio de la Rasilla -- 5 Isis and the Violations of Human Rights of Sexual Minorities: Is the International Community Responding Adequately? /Silvia Venier and Denise Venturi -- 6 Fighting for Self-determination: On Equality of Peoples and Belligerents /Matthias Vanhullebusch -- 7 Domestication of International Human Rights Norms in Taiwan: A Dialogue through Conventionality Review under Construction /Vivianne Yen-ching Weng and Yao-ming Hsu -- 8 Cultivating Judicial Conversations on Human Rights Protection under the Auspices of a Regional Rights Regime /Maartje de Visser -- 9 Regionalization of Human Rights: A Critique of the Arab Human Rights Committee /Rawa Ghazy Almakky -- 10 An Overview and Analysis of the Second Universal Periodic Review of the DPRK: Universality and Politicization of Human Rights /Eunwon Yi -- 11 Independence of National Human Rights Institutions and Linkage between International Law and Domestic Law: A Case Study of the National Human Rights Commission of Korea /Sanzhuan Guo -- 12 Strengthening Compliance with IHL: An Achilles' Heel? Reflections on the 32nd International Conference of the Red Cross and Red Crescent /Alessandra La Vaccara -- Saarc Conventions -- The Arab League -- Organisation of Islamic Cooperation.