Muslim World Journal of Human Rights最新文献_第8页

Human Rights of Women and Children under the Islamic Law of Personal Status and Its Application in Saudi Arabia 伊斯兰人位法下的妇女儿童人权及其在沙特阿拉伯的适用

Muslim World Journal of Human Rights Pub Date : 2009-04-07 DOI: 10.2202/1554-4419.1158

Zainah Almihdar

{"title":"Human Rights of Women and Children under the Islamic Law of Personal Status and Its Application in Saudi Arabia","authors":"Zainah Almihdar","doi":"10.2202/1554-4419.1158","DOIUrl":"https://doi.org/10.2202/1554-4419.1158","url":null,"abstract":"Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2009-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1158","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68675214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

From Perversion to Pathology: Discourses and Practices of Gender Policing in the Islamic Republic of Iran 从变态到病态:伊朗伊斯兰共和国性别警察的话语和实践

Muslim World Journal of Human Rights Pub Date : 2009-04-07 DOI: 10.2202/1554-4419.1152

R. Bahreini

{"title":"From Perversion to Pathology: Discourses and Practices of Gender Policing in the Islamic Republic of Iran","authors":"R. Bahreini","doi":"10.2202/1554-4419.1152","DOIUrl":"https://doi.org/10.2202/1554-4419.1152","url":null,"abstract":"The Islamic Republic of Iran punishes homosexuality with death but it actively recognizes transsexuality, and partially funds sex change operations. This article aims to examine how this seemingly progressive stance on transsexuality is connected to the IRI's larger oppressive apparatus of gender. It will first provide an overview of the cultural politics of gender and sexuality under the Islamic Republic's rule, and will then discuss the confluence of religious and medical literatures that led the Islamic Republic to adopt its new discourse on transsexuality despite or perhaps rather because of its sex/gender politics. The article does not deny that this emerging discourse has been somewhat empowering for those transsexuals who genuinely desire surgical transformation. But empowering as it might have been for such transsexuals, the emerging discourse is still deeply troubling since it systematically regards homosexuality and more generally any sexual or gender non-conformity as unintelligible, perverse, and punishable by law, except for those willing to transform their \"wrong bodies.\" The article will, therefore, demonstrate that the IRI's permission of transsexuality and sex change operations is motivated by a goal that is more about assimilating gender atypical individuals into the heteronormative order than about broadening horizons for sex/gender possibilities. The article ends by discussing how this discourse is making non-surgical trans/multi-gendered identity illegible and illegitimate not only as a publicly recognized possibility, but also with regard to transpersons' own self-perception and self-constitution of their gender and sexual subjectivity.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2009-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1152","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68675025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 17

Review of Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook 1999-2006年尼日利亚北部伊斯兰教法执行情况审查:资料书

Muslim World Journal of Human Rights Pub Date : 2009-04-07 DOI: 10.2202/1554-4419.1159

Mashood a. Baderin

引用次数: 6

Use of Force in the Sudan: Between Islamic Law and International Law 在苏丹使用武力:伊斯兰法与国际法之间

Muslim World Journal of Human Rights Pub Date : 2009-01-07 DOI: 10.2202/1554-4419.1157

Sean Hilhorst

{"title":"Use of Force in the Sudan: Between Islamic Law and International Law","authors":"Sean Hilhorst","doi":"10.2202/1554-4419.1157","DOIUrl":"https://doi.org/10.2202/1554-4419.1157","url":null,"abstract":"There are barriers of perception between Sudanese Muslims for whom the sharia is a source of authority and identity and others who see it as an oppressive means of dominating Sudan's minority populations. I make a distinction between process and substance in law, and show that a flawed process has contributed to a perception of international law as an instrument of powerful states, which has obscured its legislative and procedural usefulness to the Sudan as a member of the United Nations. Similarly a distortion of due process in Sudan's sharia has created a substance derived from the legacy of medieval Arabia rather than applied legal methodology. One consequence of this is that Sudan's Civil Wars have been given the attributes of offensive jihad against its diverse non-Muslim populations. I argue that offensive jihad was a legal construction designed to meet the challenges of medieval Arab society, with little basis in the fundamental sources of Islamic law or in contemporary legal methodology. I advocate a return to due process as a partial solution to the impasse between Muslim and non-Muslim identities in the Sudan, and show how international law can be improved by accommodating other legal traditions.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2009-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1157","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68675575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Implementing International Human Rights Law in Post Conflict Settings - Backlash without Buy-In: Lessons from Afghanistan 在冲突后环境中实施国际人权法-不接受的反弹:来自阿富汗的教训

Muslim World Journal of Human Rights Pub Date : 2009-01-07 DOI: 10.2202/1554-4419.1146

Leanne Smith

引用次数: 6

Reconsidering Gender Inequality and Honour Suicide within the Frame of Different Liberal Theories: Turkey-Batman Case 不同自由主义理论框架下对性别不平等与荣誉自杀的再思考:土耳其-蝙蝠侠案例

Muslim World Journal of Human Rights Pub Date : 2009-01-07 DOI: 10.2202/1554-4419.1138

Hatice Karaçay Çakmak, N. Altuntaş

引用次数: 2

The Issue of Hijab in France: Reflections and Analysis 法国头巾问题:反思与分析

Muslim World Journal of Human Rights Pub Date : 2007-09-20 DOI: 10.2202/1554-4419.1079

Amani K. Hamdan

引用次数: 20

The Islam and Human Rights Nexus: Shifting Dimensions 伊斯兰教与人权关系:变化的维度

Muslim World Journal of Human Rights Pub Date : 2007-09-18 DOI: 10.2202/1554-4419.1115

A. Mayer

{"title":"The Islam and Human Rights Nexus: Shifting Dimensions","authors":"A. Mayer","doi":"10.2202/1554-4419.1115","DOIUrl":"https://doi.org/10.2202/1554-4419.1115","url":null,"abstract":"The Islam and human rights nexus is too often viewed as being static. In reality, the relationship is complex and mutable. In an era of unsettling changes to the status quo, perceptions of the Islam and human rights nexus have also proven to be sensitive to shifting political dynamics. In these circumstances, the position that Islam and human rights are inherently in conflict, which assumes two settled entities in a stable relationship, is becoming hard to sustain as is the position that human rights are ineluctably tied to Western civilization. Many Muslims are arguing that Islam and human rights are harmonious, and human rights contain principles that address some of Muslims' most pressing concerns. However, there are also factors such as certain U.S. policies - that could work in the opposite direction, energizing Islamist hostility to human rights and confirming Muslims' suspicions that human rights are part of a nefarious Western plot. We must recognize that the Islam and human rights relationship is regularly readjusting in response to a changing environment, so that the issues addressed over the next decades will not likely be the same ones that Muslim societies and Islamic thinkers have been wrestling with to date.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2007-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1115","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68675050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

Iranian Law and Women's Rights 伊朗法律与妇女权利

Muslim World Journal of Human Rights Pub Date : 2007-09-18 DOI: 10.2202/1554-4419.1113

M. Kār

引用次数: 5

The Politics and Hermeneutics of Hijab in Iran: From Confinement to Choice 伊朗头巾的政治和解释学:从限制到选择

Muslim World Journal of Human Rights Pub Date : 2007-09-18 DOI: 10.2202/1554-4419.1114

Z. Mir-Hosseini

{"title":"The Politics and Hermeneutics of Hijab in Iran: From Confinement to Choice","authors":"Z. Mir-Hosseini","doi":"10.2202/1554-4419.1114","DOIUrl":"https://doi.org/10.2202/1554-4419.1114","url":null,"abstract":"Hijab covering of a Muslim woman's body is the most visible Islamic mandate. For a century it has been a major site of ideological struggle between traditionalism and modernity, and a yardstick for measuring the emancipation or repression of Muslim women. In recent decades hijab has become an arena where Islamist and secular feminist rhetoric have clashed. For Islamists, hijab represents their distinct identity and their claim to religious authenticity: it as a divine mandate that protects women and defines their place in society. For secular feminists, hijab represents women's oppression: it is a patriarchal mandate that denies women the right to control their bodies and to choose what to wear. The clash has been particularly strident in Iran, where the state has twice intervened with legislation to an extent that no other Muslim country has experienced. Iran, too, has been a prime site for the emergence of `Islamic feminist' discourses that speak of hijab not as a `duty,' but as a `right,' and as a social rather than a religious mandate, and finds juristic arguments to support this position. This article traces the genealogy of this new juristic position from notions of hijab in classical Islamic jurisprudence (fiqh). It documents how jurisprudential positions and notions of hijab in Iran evolved in response to socio-political factors. It concludes by highlighting wider implications of the new juristic position on hijab for establishing common ground between secular feminist and Islamic discourses.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2007-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1114","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68674914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 29