scholarly journals Application of Islamic Law in the UK and Universal Human Rights

Author(s):  
Elham Manea

Should Islamic Law be introduced into Western legal system? At the heart of the issue is a debate on legal pluralism, which envisions a society where different laws apply to different religious groups. This paper explores question using the British case of Sharia Councils. Building on the author’s knowledge of the situation of women in Middle Eastern and Islamic countries, she undertook firsthand analysis of the Islamic Sharia councils and Muslim arbitration tribunals in various British cities. She offers a pointed critique of legal pluralism, highlighting the type of Islamic law being used and its human rights ramifications.

Author(s):  
Shannon Dunn

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.


Author(s):  
Robert Jago

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.


2012 ◽  
pp. 136-136

Business Law ◽  
2020 ◽  
pp. 15-42
Author(s):  
James Marson ◽  
Katy Ferris

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.


Author(s):  
James Marson ◽  
Katy Ferris

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.


2006 ◽  
Vol 1 (1) ◽  
pp. 41-73 ◽  
Author(s):  
Alexandra Owens

AbstractIn recent years, the issue of improper and unethical conversions has attracted much attention in Sri Lanka. The issue is a highly emotive one, with members of the majority Buddhist population calling for measures to protect their religion from 'threats' from other minority religions, and members of these other religious groups expressing growing feelings of discrimination and unequal treatment. This article examines recent case law in the field of unethical conversions in Sri Lanka. An analysis of the decisions of Sri Lanka's Supreme Court relating to the incorporation of Christian organizations suggests that the legal system in Sri Lanka has struggled in its attempt to secure the right to freedom of religion and the right to manifest a religion for all people. Moreover, it is argued that the law has ultimately fuelled the growing religious tensions across the island. This article questions the law's ability to protect against unethical conversions in Sri Lanka, and therefore seeks to add weight to the calls for a non-legislative approach to the issue in order to allow for respect for the human rights of all concerned.


2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.


2017 ◽  
Vol 4 (1) ◽  
pp. 57-76
Author(s):  
Daniel Alfaruqi

Abstract.The controversy between Islamic law and universal human rights continues to roll. Apart from universal claims to human rights principles, when he saw that the concept came from the West, some Muslims were suspicious and considered it an attempt to secularize Islamic law. As a result, conservative Muslims continue to reject the application of Western standards, even in the name of universal human rights, to legal problems in Muslim societies. Based on this research, it can be concluded that the Islamic response to human rights is a reflection of global, lasting and fundamental demands. By not intending to have anology, in fact Islam has first taught humanity about concepts that are egalitarian, universal and democratic. This concept that is so beautiful and comprehensive is allegedly adopted by the West through the emergence of universal ideas standardized in the convention of the Universal Declaration of Human Rights. Islamic teachings cover all aspects of human life, and of course they have included rules and high respect for human rights. But it is not in a structured document, but is spread in the holy verses of the Qur'an and the Sunnah of the Prophet Muhammad. The birth of the UDHR and the Cairo Declaration on Human Rights in Islam (CDHRI) endorsed by the OIC was an attempt to clarify the actions of Muslim countries on arrogant, authoritarian and arbitrary Western claims.Keywords: Islamic law, human rights Abstrak.Kontroversi antara hukum Islam dan hak-hak asasi manusia universal terus bergulir. Meskipun telah melekat klaim universal pada prinsip-prinsip HAM, ketika melihat bahwa konsep tersebut berasal dari Barat, sebagian umat Islam curiga dan menganggapnya sebagai usaha untuk mensekulerkan hukum Islam. Karena itu, kalangan Muslim konservatif tetap menolak penerapan standar-standar Barat, meskipun atas nama HAM universal, terhadap persoalan-persoalan hukum pada masyarakat Muslim. Berdasarkan penelitian ini diperoleh kesimpulan bahwa respon Islam terhadap hak asasi manusia adalah cerminan dari tuntutan global, abadi, dan fundamental. Dengan tidak bermaksud untuk berapologi, sesunguhnya Islam telah terlebih dahulu mengajarkan umat manusia tentang konsep yang egaliter, universal, dan demokratis. Konsep yang sedemikian indah dan komprehensif ini disinyalir diadopsi oleh Barat melalui pemunculan ide-ide universal yang dibakukan dalam konvensi Universal Declaration of Human Rights. Ajaran Islam meliputi seluruh aspek dari sisi kehidupan manusia,dan tentu saja telah tercakup di dalamnya aturan dan penghargaan yang tinggi terhadap hak asasi manusia (HAM). Namun memang tidak dalam satu dokumen yang terstruktur, tetapi tersebar dalam ayat-ayat suci al-Quran dan Sunnah Nabi Muhammad SAW. Kelahiran UDHR dan Cairo Declaration on Human Rights in Islam (CDHRI) yang diratifikasi oleh OKI merupakan upaya penjernihan yang dilakukan oleh negara-negara Muslim atas klaim Barat yang arogan, otoriter dan semena-mena.Kata kunci: Hukum Islam, Hak Asasi Manusia


Author(s):  
Moschtaghi Ramin S

This chapter analyzes the tensions between Islam and the principles of the Afghan Constitution. It first identifies the different principles of the Afghan Constitution and then examines points of conflict between them. Based on an assessment of a specific conflict between Islamic law and human rights concerning the treatment of apostates in Islam and the freedom of religion, it proposes a practical approach how to solve conflicts between different Afghan constitutional principles and values.


UK Politics ◽  
2021 ◽  
pp. 95-117
Author(s):  
Andrew Blick

This chapter focuses on the legal system in the UK and looks at how the legal system and human rights relate to the political system. The chapter starts by defining both the legal system and human rights and shows how they are important in politics and in our democratic society and how they work in practice. These are closely connected issues, as the UK legal system is supposed to operate within human rights principles. The chapter introduces a series of theoretical concepts that aid to the understanding of the legal system. Central to this is the concept of the rule of law. The chapter presents some practical examples to show how various goals are realized. The first example given in the provision of legal aid to those who cannot afford their own legal advice. The second example relates to how policy makers attempt to deal with threats of terrorism. The third example is the key legal basis for the upholding of human rights via the Human Rights Act 1998. The chapter finishes with a debate on the political role of courts and looks at the implications of Brexit for the legal system and human rights.


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