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International Human Rights and Islamic Law$
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Mashood A. Baderin

Print publication date: 2005

Print ISBN-13: 9780199285402

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199285402.001.0001

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Human Rights 1 and Islamic Law 2

Human Rights 1 and Islamic Law 2

Chapter:
(p.10) 2 Human Rights1 and Islamic Law2
Source:
International Human Rights and Islamic Law
Author(s):

MASHOOD A. BADERIN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285402.003.0002

This chapter begins by discussing the different traditional barriers which must be destroyed in order to facilitate the dialogical approach adopted to confront the discourse of human rights from an Islamic legal perspective. It then talks about the Islamic responses in international human rights discourse as well as the definition of human rights and Islamic law. It explains the emergence of international human rights, its categorisations, universalism, cultural relativism, and the relevance of Islamic law to universalism in international human rights law. It also examines the nature of Islamic law, its sources, methods, spiritual and temporal aspects, scope and purpose, as well as its application of the Maslahah. It highlights that morality and substantive justice are not displaced as very important factors of human rights philosophy.

Keywords:   dialogical approach, international human rights, Islamic law, universalism, cultural relativism, Maslahah, morality, justice

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