Wildy Logo
(020) 7242 5778

Book of the Month

Cover of The Solicitor's Handbook 2022

The Solicitor's Handbook 2022

Price: £100.00

War Pensions and Armed Forces Compensation: Law and Practice


Welcome to Wildys


Wildy, Simmonds & Hill

New Edition
Small Claims Procedure in the County Court: A Practical Guide
Includes guide to Road Traffic Act Small Claims Protocol

The Complete List...

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus

ISBN13: 9781509919703
Published: December 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as

This book examines the legal nature of “an” Islamic state and the human rights it commits to uphold. It offers the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions. This also supports an assessment of the place of Sharia in the national legal order.

The book unites three strands of analysis: the compatibility of Sharia with the rights enunciated in UN treaties; the patterns of adherence of Islamic states to human rights treaties; and the compatibility of international Islamic human rights declarations with UN standards.

By exploring all formal human rights commitments of all Islamic states within a single analytical framework, it will appeal to international human rights and constitutional scholars with an interest in Islamic law and states.

Human Rights and Civil Liberties, Islamic Law
I. Background
A. Methodology
B. Plan of Chapters
1. The History of the Caliphates
I. The First Islamic State
II. Rule by the Prophet
A. The Emergence of Islam
B. The City-State of Medina
III. The Rashidun Caliphate
IV. The Dynastic Caliphates
A. Umayyad Rule
B. Post-Umayyad Caliphates
2. Islamic Law, International Law and Human Rights
I. Islamic law
A. Sources of Law
B. Proofs – Reasoned Law
C. Usul al-fi qh – Methods of Discovering Islamic Law
D. Purposive Law
E. Applying the Law
II. Islamic Law and International Law
A. International Human Rights Law
B. Siyar
C. Siyar and International Law
III. The Islamic Law of Human Rights
A. Human Rights Principles of Sharia
B. Human Rights According to Islamic Law
C. Compatibility of Islamic Law and International Human Rights
3. Islamic States
I. The Caliphate
A. Theory of the Caliphate
B. The Caliph and the Ulama
C. Legacy of the Caliphate
II. Ideas of an Islamic State
A. Islamic Revivalism
B. The Modernist View
C. Islamism
D. Islamic Constitutions
III. Islamic States in the International System
A. Islamic International Law
B. Islamic States and International Law
4. Islam, Constitutions and Democracy
I. Principles of Islamic Governance
A. The Divine Right to Rule
B. Just Rule
C. Shura
II. Assigning the Governing Power
A. Sharia and Constitutions
B. Choosing a Ruler
III. Dividing the Governing Power
A. Separating Civil from Religious Authority
B. Dividing the Executive Power
C. Legislation
IV. Courts and Constitutional Interpretation
V. Conclusion
5. Islamic Law and International Law in Islamic Constitutions
I. Limiting Legislation through Sharia
A. Sharia as a Source of Legislation
B. Repugnancy Clauses 4
C. Defining the Limit
II. Sharia in Secular and Religious Courts
A. Islamic Law in the Hierarchy of National Law
B. Dividing Jurisdiction: Sharia Courts and Civil Courts
III. The Integration of Islamic Law and National Law
6. Islamic States and the UN Human Rights Treaties
I. The International Bill of Rights
A. Treaty Partners' Objections
B. A Middle Ground: Pakistan's ICCPR Reservations
II. UN Human Rights Treaties
III. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
A. General Reservations and Article 2 Reservations
B. Article 9
C. Article 15
D. Article 16
E. Objections to Reservations Regarding Articles 2, 9, 15 and 16
F. Patterns of CEDAW Reservations and Objections
IV. The Convention on the Rights of the Child (CRC)
V. Conclusion
7. Islamic International Human Rights Law
I. An Islamic Human Rights Consensus
II. Human Rights Commitments of Islamic States:
A Three Layer Analysis
A. Sharia and International Human Rights Treaties
B. Sharia and International Islamic Instruments
C. Islamic and International Human Rights Instruments
III. Reconciling Islamic Law and International Human Rights Law
A. Flexibility of Islamic Law
B. Interpreting Sharia for Islamic International Law
IV. Conclusion

Series: Studies in International Law

Rebellious Jurisprudence: Judicial Dissent and International Law ISBN 9781509920112
To be published March 2022
Hart Publishing
Judicial Deference in International Adjudication: A Comparative Analysis ISBN 9781509943463
To be published February 2022
Hart Publishing
Prosecutorial Discretion at the International Criminal Court ISBN 9781509944101
To be published January 2022
Hart Publishing
The Readmission of Asylum Seekers under International Law ISBN 9781509954759
Published August 2021
Hart Publishing
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781509952144
Published June 2021
Hart Publishing
Prosecutorial Discretion at the International Criminal Court (eBook) ISBN 9781509928699
Published July 2020
Hart Publishing
Prosecutorial Discretion at the International Criminal Court ISBN 9781509928682
Published July 2020
Hart Publishing
The Readmission of Asylum Seekers under International Law ISBN 9781509902491
Published February 2020
Hart Publishing
The Readmission of Asylum Seekers under International Law (eBook) ISBN 9781509902521
Published February 2020
Hart Publishing