scholarly journals ENGLISH: Child Labour and Education Perspective of International Law, Pakistani Law and Islamic Law (A Comparative Jurisprudential Approach)

rahatulquloob ◽  
2021 ◽  
pp. 11-23
Author(s):  
Lutf Ullah ◽  
Usman Rafiq
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Child Labour ◽  
Analysis Technique ◽  
English Child ◽  
Drastic Increase ◽  
Legal Document ◽  
International Conventions ◽  
Legal Mechanism ◽  
Children Rights

Education, of course, is allied with the child labour; where the increase of one is the decrease of other. Both, education and protection from child labour, are the basic rights of all children without any sort of discrimination.  Contemporary literature shows drastic increase in child labour all over the world. All this is even in the presence of international conventions regarding child rights, specifically, the UNCRC 1989 – a legal document globally ratified. Owing to this fact, the international law, related to children rights, faces threat in this regard. Islamic Law, on the other hand, too, provides a comprehensive legal mechanism and structure for children rights.  Comparatively to other legal spectrum, Islamic law is more effective in term of its jurisprudential approach to children rights. Pakistan, being an Islamic country,  remained under the administrative control of the Great Britain and, therefore, follow a plural law – a mixture of Islamic and conventional law.  This study, thus, probes the International Law, Islamic Law and Pakistani Law in connection to child education and child labour.   Finding shows, with solid evidences, that Islamic law offers a comprehensive mechanism for children rights – protecting these both at strategic and operational levels.  Content analysis technique, being an important research tool of qualitative method, has been followed for the investigation of the issue.

scholarly journals THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Human Right ◽  
Applicable Law ◽  
Mother And Child ◽  
The Right ◽  
International Conventions ◽  
Nationality Law

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

scholarly journals Child Marriages: International Laws and Islamic Laws Perspective

2021 ◽  
Vol 11 (3) ◽  
pp. 60
Author(s):  
Nazir Ullah ◽  
Saidatul Nadia Binti Abd Aziz ◽  
Rao Qasim Idrees
Keyword(s):  
International Law ◽  
Web Sites ◽  
Rural Areas ◽  
Islamic Law ◽  
Fundamental Rights ◽  
Early Marriage ◽  
Child Marriage ◽  
Secondary Sources ◽  
Important Position ◽  
International Conventions

A Child marriage is a serious issue in Pakistani society particularly in rural areas and interior Sindh province. The reasons and forms of child marriages are very harmful and against the fundamental rights of children granted by various international and domestic laws. The practice causes severe effects not only to children but also to society as a whole. This article discusses the legislative efforts made by the United Nations and the international community to restrain child marriages around the globe. The issue of child marriages is discussed under the ambit of human rights and women’s rights and highlighted in various conventions and treaties. State parties are bound to make their domestic laws according to the essence of such conventions and treaties. Similarly, Islamic law holds an important position in domestic laws of Pakistan. Therefore, the issue is analysed in light of Islamic law as well as international law. This research identifies and analyze the available international, Islamic and domestic legal instruments that are relevant to help in restrain of child marriage. The methodology employed in this research is qualitative method of legal case study, where by researchers analyzed secondary sources including articles, books, reports, online web sites and court cases. After the analysis of the available data and legal instruments, this research finds that i) child marriage in Pakistani society are practiced arbitrarily, ii) very young spouses are not having opportunity to pursue their post marriage education, iii) the community, especially female, are not aware of the existence of legal assistance in the legal system to protect them from such early marriage; iv) available laws in Pakistan are inadequate in restraining of the practice, v) equality promoted in the Constitution of Pakistan is not strictly followed by authorities, vi) although, international conventions condemn the practice but there is no proper international law sanction to prohibit child marriage vii) Islamic law permits a guardian of a child to marry off his ward before she attains puberty but the marriage can only be consummated  after she attained puberty.   Received: 31 October 2020 / Accepted: 6 January 2021 / Published: 10 May 2021

scholarly journals International immunities for the diplomatic envoy in Islamic law and international agreements: الحصانات الدولية للمبعوث الدبلوماسي في الشريعة الإسلامية والاتفاقيات الدولية

2021 ◽  
Vol 5 (17) ◽  
pp. 22-1
Author(s):  
Ali Faraj Alghamdi Ali Faraj Alghamdi
Keyword(s):  
International Law ◽  
Islamic Law ◽  
International Agreements ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Protection ◽  
International Laws ◽  
International Conventions ◽  
Peace And War ◽  
Shed Light

The Diplomatic Agent has great significance at the present time because of the protection and care of the interests of individuals and states have been provided by him. The diplomacy has become the basis for preparing the foreign policy of states, as through diplomatic relations states solve many problems of peace and war and other interests of states. For that many International Conventions and Agreements were concluded to regulate diplomatic relations and lay down the rules for diplomatic protection and immunities. The most important of these international Conventions is the Vienna Convention for Diplomatic Relations 1961. Which brought special privileges and immunities for Diplomatic Agents Due to the significance of the matter, the researcher attempted through the study to shed light on “International Immunities Diplomatic Envoys in International Agreements and Islamic Sharia” by discussing the concept of Diplomatic Envoys, their duties, and the international immunity in International Law and Islamic Sharia. Through highlighting the types of immunities and their scope in International Law and Islamic Sharia, it appears that the Islamic Sharia was long ahead before nations in enforcing immunities rules and international protection of Diplomatic Agents. Thus, it has been the best influence in the international direction to implement rules of diplomatic representation, making it international law. In my study, I followed the inductive analytical approach which is approach through which the texts mentioned in the international laws that regulate the international immunity of the diplomatic envoy are extrapolated and analyzed. The conclusion included the results and recommendations of the research.

HUKUM ISLAM DAN HUBUNGANNYA DENGAN LUAR NEGERI PASCA REFORMAS

2015 ◽  
Vol 19 (1) ◽  
Author(s):  
Salma Salma
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
International Law ◽  
Multidisciplinary Approach ◽  
Islamic Law ◽  
Analysis Method ◽  
Strong Basis ◽  
Global Issues ◽  
Protection Of Human Rights ◽  
Scientific Fields

The development of Islamic law studies in Indonesia is increasingly interesting to follow. the use of a multidisciplinary approach to Islamic sciences, making the science of Islamic law not only a normative-theological analysis but also integrated with many scientific fields both in the sciences and the humanities. Contemporary global issues require observers and Islamic law reviewers to seriously review Islamic law in depth, one of the global issues that is currently interesting and has become a topic of discussion among many is the issue of the protection of human rights. Human rights formulation in international law cannot be separated from the issue of foreign policy. This paper will conduct a theoretical study of how the concept of Islamic Law itself protects human rights and how it relates to its relationship with post-reform foreign policy. This paper uses a comparative study between legislation and texts (verses) both in the Koran and the hadith, a comparative-critical analysis method makes it easier for the author to find substance in terms of answering the problem statement in this study. The results or conclusions obtained are that human rights are a reflection of carrying out Islamic law in order to realize the nature of universal human benefit. Islam considers that human rights are in accordance with sharia principles, namely protecting one's right to life. This is a strong basis for the study of Islamic law in contributing to the development of human rights principles in the international communityKeywords: Islamic Law, Human Rights, Globalization, International LawPerkembangan kajian hukum Islam di Indonesia makin menarik untuk diikuti. penggunaan pendekatan multidisipliner ilmu-ilmu keislaman, membuat ilmu hukum Islam tidak hanya bersifat normatif-teologis analisanya tapi sudah terintegrasi dengan banyak bidang keilmuan baik ilmu-ilmu sains maupun humaniora. Isu-isu global yang sifatnya kontemporer mengharuskan para pengamat dan pengkaji hukum Islam untuk serius melakukan telaah ulang terhadap ilmu hukum Islam secara mendalam, salah satu isu global yang saat ini menarik dan menjadi perbincangan banyak kalangan adalah soal perlindungan hak asasi manusia. Rumusan HAM dalam hukum internasional tidak bisa dilepaskan dengan persoalan politik luar negeri. Tulisan ini akan melakukan kajian teoritik tentang bagaimana konsep Hukum Islam itu sendiri terhadap perlindungan hak asasi manusia dan bagaimana pula terkait hubungannya dengan politik luar negeri pasca reformasi. Tulisan ini menggunakan studi komparatif antara perundangundangan dengan teks (ayat) baik itu di dalam Al-Quran maupun hadits, metode analisis-kritis komparatif memudahkan penulis menemukan substansi dalam hal untuk menjawab rumusan masalah dalam penelitian ini. Hasil atau kesimpulan yang didapat adalah HAM adalah refleksi untuk menjalankan syariat Islam demi mewujudkan hakikat kemaslahatan manusia secara universal. Islam memandang bahwa HAM sesuai dengan prinsip-prinsip syariah yakni melindungi hak hidup seseorang. Hal ini merupakan dasar yang kuat untuk kajian hukum Islam dalam memberikan kontribusi pada perkembangan prinsip-prinsip hak asasi manusia di dalam masyarakat internasional.Kata Kunci: Hukum Islam, Hak Asasi Manusia, Globalisasi, Hukum Internasional

Piracy and Law in the Ottoman Mediterranean

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
International Law ◽  
Mediterranean Basin ◽  
Islamic Law ◽  
Comprehensive Examination ◽  
Legal Space ◽  
The Mediterranean ◽  
First Time ◽  
Eastern Half ◽  
The Mediterranean Basin

This book offers a comprehensive examination of the shape and impact of piracy in the eastern half of the Mediterranean and the Ottoman Empire’s administrative, legal, and diplomatic response. In the late sixteenth and seventeenth centuries, piracy had a tremendous effect on the formation of international law, the conduct of diplomacy, the articulation of Ottoman imperial and Islamic law, and their application in Ottoman courts. Piracy and Law draws on research in archives and libraries in Istanbul, Venice, Crete, London, and Paris to bring the Ottoman state and Ottoman victims into the story for the first time. It explains why piracy exploded after the 1570s and why the Ottoman state was largely unable to marshal an effective military solution even as it responded dynamically in the spheres of law and diplomacy. By focusing on the Ottoman victims, jurists, and officials who had to contend most with the consequences of piracy, Piracy and Law reveals a broader range of piratical practitioners than the Muslim and Catholic corsairs who have typically been the focus of study and considers their consequences for the Ottoman state and those who traveled through Ottoman waters. This book argues that what made the eastern half of the Mediterranean basin the Ottoman Mediterranean, more than sovereignty or naval supremacy—which was ephemeral—was that it was a legal space. The challenge of piracy helped to define its contours.

A STEP TOO FAR? THE JOURNEY FROM “BIOLOGICAL” TO “SOCIETAL” FILIATION IN THE CHILD'S RIGHT TO NAME AND IDENTITY IN ISLAMIC AND INTERNATIONAL LAW

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Legal Traditions ◽  
Rights Of The Child ◽  
State Practice ◽  
Legal Position ◽  
The Subject ◽  
Rights Discourse ◽  
Muslim Communities ◽  
Human Rights Discourse

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.

scholarly journals Pemikiran Abdullah An-Na`Im Tentang Teori Evolusi Syari`Ah (Nasakh) Dan Relevansinya Dengan Metode Istinbath Hukum Islam

2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Dwi Sagita Akbar ◽  
Busyro Busyro ◽  
Afifi Fauzi Abbas
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Legal Issues ◽  
High Complexity ◽  
Classical Scholar ◽  
Contemporary Islam

<em>In order to offer a transformative discourse Abdullah Ahmad An-Na'im build a method he called with the evolution of Shari'ah (abrogated). According to him the method can respond to contemporary issues at this time. Because he assumed that abrogating is one of the principal methods and has a wide and high complexity in theology and fiqh (jurisprudence) of Islam. He tries to deconstruct abrogated method and also some methods of ijtihad that had been considered settled by the classical scholar. Abdullah Ahmad An-Na'im radically have done repeated studies against the epistimologi Islamic law as well as the mereformulasi return and customize it with the standard of human rights as well as international law as a benchmark. The method developed by Abdullah Ahmad An-Na'im, he stated three important things that need to be done to realize the abrogating. Text, values of humanity, and logic. He also overestimated human rights, so that a text (paragraph) may be enforced in accordance with human rights. In order to answer the legal issues of contemporary Islam.   </em>

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