scholarly journals MAINSTREAMING ISLAMIC JURISTIC THOUGHT IN THE TEACHING OF HUMAN RIGHTS LAW: A CASE FOR INTEGRATIVE CURRICULUM AND PEDAGOGY IN AFRICAN LAW SCHOOLS

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Dejo Olowu

Against the backdrop of the marked marginalization of Islamic juristic thought in human rights discourses and the consequential obscurity of possible synergy, this article proceeds from the premise that purposeful human rights education within a law degree programme leading to vocational careers must be all encompassing, able to respond to the demands of critical reasoning, and suitable for the analysis and understanding of global, regional and national challenges by local legal actors. In the African context, experience evokes an appeal for innovative approaches that not only prioritize integrative curricula but which also facilitate qualitative teaching methods that could guarantee the transfer of helpful skills and broad-based knowledge to boost the confidence of the learner in visualizing active future roles in human rights promotion and protection in whichever milieu he/she establishes a career. Highlighting the peculiar importance of Islamic Law in twenty-first century Africa, this article canvasses an approach that helps the law student to understand the practical realities that make Islamic Law a sine qua non for sound grasp of human rights law in his or her society while fully recognizing latent cultural, religious and other philosophical dilemmas and limitations to human rights as legal norms.

2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.


2016 ◽  
Vol 5 (2) ◽  
pp. 207-237 ◽  
Author(s):  
MICHAEL E. NEWELL

Abstract:The laws of war and international human rights law (IHRL) overlap, often with competing obligations. When two or more areas of the law overlap, political agents attempt to address these areas of ambiguity with interstitial rules. However, a lack of consensus on interstitial rules can destabilise the law, leading to increased contestation of legal norms and principles. Such is the case for international law in counterterrorism. Prior to the 11 September 2001 attacks (9/11), international agreements and US domestic practices placed counterterrorism within the framework of law enforcement. After 9/11, the Bush Administration replaced law enforcement with armed conflict and the laws of war as the dominant paradigm for counterterrorism, but this decision, among other legal justifications in the War on Terror, has been contested by the international legal community. As IHRL still applies in law enforcement operations, international law in counterterrorism now sits within a contested overlap of IHRL and the laws of war. The contestation of US policies in the War on Terror, including the use of drone strikes in particular, is a product of this unresolved overlap and the lack of clear interstitial rules. Lacking these rules, US counterterrorism policies risk undermining the rule of law.


2016 ◽  
Vol 16 (1) ◽  
pp. 77-83
Author(s):  
Sanawiah Sanawiah

Purpose of this study is to analyze that the homosexual marriage in accordance with human rights which is just and civilized, and to determine the homosexual marriage according to the marriage act and the perspective of Islamic law. The method used is a method normative considering that this study emphasizes that the secondary data that is studying and reviewing principles, materials and positive legal principles that of the materials libraries that exist in legislation marriage law and human rights law in Indonesia. Results from this study showed that the homosexual marriage in the name of human rights it violates human rights itself. Because the rights that should be fought is right according to the nature of natural and ordained by God, since man was created in pairs regarding marriages recognized by the state is only marriages between men and women can also be seen in Article 34 paragraph (1) of the Act Number 23 the Year 2006 concerning population administration.


2009 ◽  
Vol 35 (2) ◽  
pp. 523-536
Author(s):  
Lawrence Schäfer ◽  
Eóin Flannery ◽  
John McCracken ◽  
Marc Caldwell ◽  
Simonne Horwitz ◽  
...  

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