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Book
Islamic law and the law of armed conflict: the armed conflict in Pakistan
Author:
ISBN: 9780415563963 9780203830772 9781136824630 9781136824678 9781136824685 9780415859639 Year: 2011 Publisher: London Routledge

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Women, the Koran and international human rights law
Author:
ISBN: 9004152377 9789004152373 9786611400316 1281400319 9047410173 9789047410171 Year: 2006 Volume: 4 Publisher: Leiden Boston Martinus Nijhoff Publishers

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Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad : independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.


Book
Self-defense in Islamic and international law : assessing Al-Qaeda and the invasion of Iraq
Author:
ISBN: 0230606180 Year: 2008 Publisher: New York : Palgrave MacMillan,

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Shah argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does not meet the international legal test. Dr Shah examines those causes attributed to Islam and non-Islamic causes of terrorism and argues that the theory of & reactive terror' provides the most plausible explanation for so-called Islamic terrorism. The nature of conflicts in Afghanistan and Iraq is changing and Muslim leaders (not including Al-Qaeda or pro Anglo-American governments) may, by consensus, declare Jihad if the occupying forces do not withdraw. Such declaration would be according to Islamic and international law.

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