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What this study argues, using the example of child labour in Pakistan, is that a distinction has to be made between the notions of human rights as they are expressed within Islam, and the objective socio-economic and political conditions of each specificMuslim country.
NATURE OF THE WORK
This paper examines harmonization between Islamic Law, Civil Law, and United Nations Conventions on child labour elimination. Many contemporary Muslim jurists strongly maintain their position that civil laws or common laws are un-Islamic while the majority of man-made law advocates consider Islamic fiqh unsuitable for the contemporary life of Muslims and new issues in the world. The harmonization of Islamic Law rulings, UN Convention and civil law on contemporary issues where there is no textual evidence, opinion of classical jurists, or fatawa might help in these circumstances. Certain strict limitations and principles laid down by Muslim jurists are maintained and followed. For instance, if the law or conventions on the elimination of child labour are in line with the Qur'an and Hadith as well not contravening the principles of the Shari'ah, then the provisions are permissible. So, any United Nations conventions or Common law on the elimination of child labour or child rights in the affected Muslim countries that oppose or are contrary to Islamic law principles are to be strictly disallowed and discarded or otherwise should be amended and implemented. These findings will apply both qualitative and quantitative methods in the analysis while suggestions would be made in the best interests of the child.
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
Examines the continuing prevalence of debt bondage in the 1990s despite the introduction of national legislation banning the practice. Makes recommendations to the Government and the international community for actions to be taken to eliminate bonded labour and provide rehabilitation for freed workers. Includes texts of Land Reforms Regulations, 1972, the Sindh Tenancy Act, 1950 and the Bonded Labour System (Abolition) Act, 1992.
A short exposition of the value and concept of human rights in Islam as noted in the Quran and Sunnah