Constitutional Innovation and Animal Protection in Egypt

2018 ◽  
Vol 43 (04) ◽  
pp. 1364-1390 ◽  
Author(s):  
Kristen A. Stilt
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Animal Protection

This article examines constitutional innovation through the case study of the emergence of animal protection in Egypt's 2014 Constitution. Egypt's provision, which is a state obligation to provide al-rifq bi-l-hayawan (kindness to animals), was adopted in Article 45 as part of the country's second constitution following the 2011 revolution that ousted President Hosni Mubarak. Three aspects proved crucial to the adoption of the provision: a decision by animal protection activists to influence the constitutional process; the ability of citizens to convey their ideas to the constitutional drafters, albeit in a limited way; and, most importantly, the use of frame bridging. The activists and then the constitutional drafters presented the new cause of constitutional animal protection in terms of well-established areas of social, and constitutional, concern in the country, including Islamic law, women's rights, human rights, and the protection of the environment.

scholarly journals PEREMPUAN DAN HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM

2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Human Beings ◽  
Proper Understanding ◽  
Men And Women ◽  
Correct Understanding

AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.

scholarly journals Teaching “Islam and Human Rights” in the Classroom

2012 ◽  
Vol 45 (01) ◽  
pp. 101-105 ◽  
Author(s):  
Fait A. Muedini
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Minority Rights ◽  
Women’S Rights ◽  
The Media ◽  
Approach To Teaching ◽  
Rights Discourse ◽  
Human Rights Discourse

AbstractThis article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are not limited to Islamic law, women's rights, and minority rights. From there, I discuss a range of different approaches to the Islam and human rights discourse. I then describe how I test the students' knowledge of the material.

scholarly journals ANALISIS MAQASID SYARIAH JASSER AUDA TERHADAP COUNTER LEGAL DRAFT KOMPILASI HUKUM ISLAM

2021 ◽  
Vol 3 (2) ◽  
pp. 1-24
Author(s):  
Muhammad Ali Murtadlo
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Family Law ◽  
Competent Authority ◽  
Qualitative Approach ◽  
National Character ◽  
Women’S Rights ◽  
Political Factor ◽  
Library Research

Islamic law transformative bid is made to replace the Islamic Law Compilation (KHI) in the form of Counter Legal Draft Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and jurists of Islam in Indonesia. Many of those who reject and not infrequently also agree with the offer. This formulation is a challenge to bring order to respect Indonesia by Islamic law to all national character, culture and progress in democratization and upholding human rights, including women's rights. This study aims to answer the question (a) how is the legal istinbath method used in formulating the Counter Legal Draft Compilation of Islamic Law? (b) What is the formulation of the Counter Legal Draft Compilation of Islamic Law from the perspective of Jasser Auda's sharia maqasid? Library research using qualitative approach suggests that (a) the CLD-KHI is a legal draft in the form of provisions, so that in the process of its formulation is done through a procedural step that is done gradually, systematically, and involve several competent authority (b) Formulation of family law Islam offered in CLD-KHI in law istinbath method is not contrary to the concept of maqasid syariah Jasser Auda. However, the application instead of KHI still hindered political factor, because there are chapters that are considered controversial.

Human Rights Universalism in Practice: What the Iranian Women’s Rights Movement Can Teach Us

2020 ◽  
Vol 20 (3) ◽  
pp. 453-479
Author(s):  
Nicole Nickerson
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Global Network ◽  
Women’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Women's Rights Movement ◽  
International Human

Abstract Does practice demonstrate the legitimacy of international human rights law? This article explores this question via a case study of the women’s rights movement in Iran. Current human rights sceptics question the system’s legitimacy because of a lack of universality and an excessive top-down approach. However, the Islamic Republic of Iran has a remarkable community of grassroots activists. The bottom-up women’s rights initiative of the One Million Signatures Campaign utilised human rights discourse in combination with local, indigenous values in pursuit of gender equality. The article argues—via the case study of this movement—that there is practical evidence to support a theory of human rights universalism, as positive human rights law empowers the existing subjectivity of individuals. The universal legitimacy of international human rights law does not primarily come from a global network dictating common values, but from members of civil society mobilising their status as rights holders.

scholarly journals Taking Women's Rights Seriously: Using Human Rights to Require State Implementation of Domestic Abortion Laws in African Countries with Reference to Uganda

2015 ◽  
Vol 60 (1) ◽  
pp. 110-140 ◽  
Author(s):  
Charles G Ngwena
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
The State ◽  
Women’S Rights ◽  
African Countries ◽  
Positive Duty ◽  
Safe Abortion ◽  
European Court ◽  
Abortion Laws

AbstractThis article is constructed around the premise that women's rights to safe abortion give rise to obligations that the state has a positive duty to implement. Using Uganda as a case study, it frames failure by a state to implement its abortion laws in ways that render the rights tangible and accessible to women as a violation of human rights. The article develops a normative human rights framework for imposing on a state the obligation to take positive steps to implement abortion laws that the state, itself, has adopted. The framework does not depend on requiring the state first to reform its substantive laws or broaden the grounds for abortion. Rather, it focuses on the implementation of existing domestic laws. The article draws its remedial juridical responses partly from conceptions of women-centred rights to procedural justice, equality and health, and partly from jurisprudence developed in recent years by United Nations treaty-monitoring bodies and the European Court of Human Rights.

scholarly journals Rights Inside Out: The Case of the Women's Human Rights Campaign

2002 ◽  
Vol 15 (2) ◽  
pp. 285-305 ◽  
Author(s):  
Annelise Riles
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights ◽  
Academic Scholarship ◽  
Women’S Human Rights ◽  
Fertile Ground ◽  
Women's Human Rights ◽  
The Relationship ◽  
Inside Out

This essay traces the relationship between activists and academics involved in the campaign for “women's rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The paper answers this question with respect to the work of self-reflexivity in creating a “virtual sociality of rights.”

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