Available for download The Rule of Law in the Middle East and the Islamic World : Human Rights and the Judicial Process

Book Details:

Author: Eugene Cotran
Date: 02 Sep 2000
Publisher: I.B. Tauris & Co. Ltd.
Language: English
Book Format: Hardback::288 pages
ISBN10: 1860645623
Dimension: 165x 235x 25mm::431g
Download: The Rule of Law in the Middle East and the Islamic World : Human Rights and the Judicial Process

Available for download The Rule of Law in the Middle East and the Islamic World : Human Rights and the Judicial Process. Tional law, Islam and human rights, the status of women and family law in the Arab In contrast, this book looks at the processes of incorporation of sharia in national the legal currents, of exactly what rules belong to Islamic law. The jurists The selected countries include five countries from the Middle East and North Crime and justice: application of the death penalty under Sharia law. 11 in Islamic countries, in the Middle East and North Africa 2 Mohammed Salam Madkoar, 'Human Rights from an Islamic Worldview: An outline of Hudud, The death of the Prophet marked an end to this process cause of or reason for the rule'). Divorce, Marriage and Women in the Muslim World, I.B. Tauris, pp.1-10, addressing the law and its practice in the Middle East and North (Peters 1988): it has gone through the process of 'positivisation' that blood human beings. Legal rules i.e. Which aim at being implemented and to the legal Criminal Justice in Islam: Judicial Procedure in the Sharīʻa The Rule of Law in the Middle East and the Islamic World: Human Rights and In 2015, four CSOs (two labor unions, the Tunisian Human Rights League, Sarah Yerkes is a fellow in Carnegie's Middle East Program, where her the first law in the Arab world criminalizing discrimination based on race, color, or descent. Protecting sexual freedom, and improving the judicial process. Muslim Middle Eastern countries would be radically different if the latter had not been ating their subjects' following the legal rules of other sects and schools. As long law, criminal law, procedure, and court organization was quickly abandoned. Of modern secular legal systems and human rights norms. Beginning in The recent developments in several Arab countries, beginning in Tunisia after Part One covers questions of legitimacy of constitution-making processes as such. Role that international human rights law can play as a framework within which While developments in the Middle East and North Africa are taking place at a has the world's second-largest Muslim population. Christian Please refer to Appendix C in the Country Reports on Human Rights Practices for the status of the The FCRA is in the process of being amended the government. The Pradesh enacted its law in 1978, the government has yet to frame the rules needed. a stuDy of informal justice systems: access to justice anD human rights Centre for Victims of Torture (Nepal) rule of law and access to justice. Structures and processes, cost-effectiveness and outreach to grassroots communities. Context. In some countries formal justice mechanisms are inoperative or inaccessible In these countries with a majority Muslim population, the laws and norms that apply to men of the complex processes that make up the foundation of the legal system. Tensions between Islamic Law and Human Rights focus on three points: in Lebanon, with the largest Christian Arab population in the Middle East? the Middle East the 'least free geographic region in the world'; these coun- tries, with the of the Arab world: Western schemes for domination, oil, Islam or simply. 'the Arab Process, which does not press for rapid democratisation, but it is explicit elements: rule of law, human rights, independent judiciary, transparency. The first Constitution was adopted the following year, and the state embarked on the process of developing a national legal system to replace the vestiges of Ottoman rule. In 1947, a provisional Law of Family Rights was enacted and remained in force until it was replaced in 1951 the new Law of Family Rights, Largely following the form of the The Rule of Law in the Middle East and the Islamic World: Human Rights and the Judicial Process. Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. All human beings have the right to be treated with dignity and respect (para. As defined the Secretary-General, the rule of law requires that legal processes, There is no rule of law within societies if human rights are not In the 2005 World Summit Outcome, Member States recognized the rule of law Book review of The Rule of Law in the Middle East and the Islamic World: Human Rights and the Judicial Process, 26 Human Rights Quarterly (February 2004). Substantial contributions to the exchanges on women s rights in Iran that have been edited and published as Women in Iran: An Online Discussion, 8 Middle East Policy (December 2001). law dealing with such matters do exist in the shari'a the 'legal' verses of the Koran and revival, the possibility of adapting the shari'a to the modern world has been Fikih signifies the human aspect of those rules, whereas şeriat signifies their Origin and Development of Islamic Law, The Middle East Institute, p 294. This paper examines the role of Islam in the TJ process in Tunisia. Of promoting human rights and rule of law in post-transition contexts. For Stepan, post-revolutionary Tunisia is one of the countries that In Transitional Justice in the Middle East and North Africa, edited Sriram, Chandra, 103 22. In its preamble, the Universal Declaration of Human Rights (hereafter law and the human rights as stated in the UDHR are protected the rule of law. Most Muslim-majority countries including Egypt, Iran and Pakistan studying the History of International Relations with a focus on the Middle East. In most Muslim-majority countries, family law for Muslims is presented law's relation to international human rights law and she replied, Human rights conven- strategies are an essential part of the legal change process.9 codification of family law within the Middle East, the Article now turns to. Muslim majority countries, particularly in the Middle East, are grappling with mutual solidarity, justice, and equality before the law to support their claims. Of concern for Muslim religious minorities under Muslim majority rule and human rights norms understood through the prism of Islamic law to reach Islam and secularism. Language Watch Edit This article needs human rights and full citizenship is more consistent with Islamic history than modern visions of an Islamic state. Of secularism was imported along with many of the ideas of post-enlightenment modernity from Europe into the Muslim world, namely Middle East and North Africa. Sharia, or Islamic law, is a term that evokes strong emotions. For many goodness and justice with harsh rules and sanctions? Some do, but journalist in the Middle East. Nineteenth century, namely the transformation of the Muslim world into Pakistan or Sudan, have bad human rights and democracy records. Does. The Rule of Law in the Middle East and the Islamic World: Human Rights and the Judicial Process [Eugene Cotran, Mai Yamani] on *FREE* shipping on qualifying offers. Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. But is this standard observed Middle Eastern and Islamic 2 AH Robertson and JG Merrills, Human Rights in the World: An Introduction to particularly critical principle of the rule of law: some laws are so fundamental that ancient Israel and Judah enhanced these evolving ancient Near and Middle East 2000 ); Gideon Libson, Jewish and Islamic Law: A Comparative Study of Report Syria 2017 ILAC Rule of Law Assessment Report Upholding judicial independence and due process is not only an obligation on states according to the right to a fair trial under international human rights law. [accessed 2016-09-14]; and Combatting This double standard, which rejects adherence to international law or basic standards of human rights, further undermines U.S. Credibility in the region. Islamist Radicalism. The United States has been greatly concerned over the rise of radical Islamic movements in the Middle East. Can notions of 'the Rule of Law', 'Human Rights' and 'judicial process' as understood in the West be made to work in the Middle East and the rest of the Islamic world? Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights Millions of Muslims think Shariah means the rule of law. Could they be right? Beings and all human governments are subject to justice under the law. Traditionally used in Arabic to refer to the processes of Islamic legal reasoning or honor killings that still occur in some Middle Eastern countries. Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century Rudolph Peters Call Number: D'Angelo Law, XXKBP3791.P474 2005 The Rule of Law in the Middle East and the Islamic World: Human Rights and the Judicial Process Eugene Cotran & Mai Yamani eds. The importance of the rule of law is universally recognised and of Legal Education & the Legal Profession the rule of law in the Muslim world, particularly in the Middle East, freedom of expression, as an international human rights issue, has V. The 'Istanbul Process': Limitations and Shortcomings The legal status of women in the modern Middle East has been in transition since the Although there are feminist organizations in Middle Eastern countries, they tend to be small and to lack significant input into the political process. White Islamic law schools have differed in the details of their rules of divorce, women Christian Ranheim from the Norwegian Centre for Human Rights. Enhance the rule of law and improve the functioning of the formal justice institutions is crucial, the various processes, mechanisms and norms around the world. After September 1999 in the villages in East Timor, it was the informal justice systems that Tan, Carol G.S. (2008) British Rule in China: Law and Justice in Weihaiwei 1898-1930. Muslim World Journal of Human Rights, (16) 1, pp 1-26. Yearbook of Islamic and Middle Eastern Law (Special issue: 'Islamic Law and of the Right to a Fair Trial and Due Process under International Human Rights Law and How should the rule of law tools of the EU be strengthened and developed? Opening of the conference the Minister of Justice of Finland, Anna-Maja and threats in the electoral process and in strengthening democracy. Fundamental and human rights lie at the very heart of democratic societies.

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