Papers by Mashood Baderin
The relationship between shariʽa and secular democracy, with the question whether Islamic law is ... more The relationship between shariʽa and secular democracy, with the question whether Islamic law is compatible with the European Convention on Human Rights (ECHR), is far more complex than sensational media reports would suggest. In the present context we are asking whether formal recognition of (aspects of) shariʽa/Islamic law as part of the laws of the UK, in any form, would be repugnant to the country’s ‘secular’ democratic system or would create problems in respect of its international obligations under the ECHR. We must ask as well, more generally, whether or not shariʽa/Islamic law and democracy/human rights are or can be compatible or can coexist at all. The pragmatic answer to both questions has to be, ‘Yes’ and ‘No’
Malaysian Journal of Syariah and Law, 2010
There is today a general perception that the traditional differences between the Common Law and C... more There is today a general perception that the traditional differences between the Common Law and Civil Law systems have shrunk greatly and that both, being secular “Western†systems, should be able to accommodate one another and impact on one another easily and positively. It is the Shar_‘ah system, being based on divine law, that is often perceived as being radically different and possibly not having anything in common with either the Common Law or the Civil Law systems respectively. Our analysis of administration of justice in this paper however demonstrates that the jurisprudence of the three legal systems have evolved along similar lines and that under each of the systems the relevant theories and principles of administration of justice have been influenced by reasonableness and expediency which gives room for the necessary flexibility to ensure the realisation of substantive justice under each one of the three legal systems, if there is the political and judicial will to ...
Nigeria, being multi-ethnic, multi-lingual and multi-religious, is a very complex nation that has... more Nigeria, being multi-ethnic, multi-lingual and multi-religious, is a very complex nation that has witnessed notable challenges in respect of peaceful co-existence amongst its diverse population for many years. This continues to have adverse impact on the situation of security, unity and socioeconomic development in Nigeria, despite the country's national motto of "Unity and Faith, Peace and Progress". Although, Nigeria is often perceived as a "secular state", its people are incredibly religious and openly identify with their respective religious persuasions on both private and public matters without apologies. In recent times, the shortfall of peace, security and socioeconomic development in Nigeria has been a matter of consistent debate in the country, with different positions advanced on how best to improve the situation. It is argued that, as Islam is the largest religious denomination in Nigeria, with not less that fifty per cent of the Nigerian population being Muslim (CIA World Factbook) whose lives are apparently influenced by Islamic tenets, exploring and advocating relevant Islamic precepts on peaceful coexistence, security and socioeconomic development should have a positive persuasive impact, at least on the Muslim population, in addressing the problem. The chapter identifies relevant Islamic normative precepts and provides insights on the obligations of both leaders and ordinary citizens towards the realisation of peaceful coexistence, security and socioeconomic development in Nigeria. The chapter aims at creating a moral and religious reawakening for Nigerians generally, and the Nigerian Muslim population in particular, towards promoting "unity and faith, peace and progress" in the country as envisaged by the nation's motto. It contextualises peace, security and socioeconomic development within Islamic jurisprudence, identifying that the challenge of peaceful coexistence in Nigeria is underpinned by four main factors, namely: religious bigotry, ethnic/tribal bigotry, political bigotry, and the anguish of ignorance and poverty, which provides foot soldiers for each of those three bigotries. The chapter then goes on to proffer relevant Islamic precepts for addressing each of those factors from both moral and legal perspectives
ABSTRACT Islamic law influences the lives of Muslims today as aspects of the law are applied as p... more ABSTRACT Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Contents: Introduction: The Application of Islamic Law in Context, Mashood Baderin. Part I Theoretical Perspectives on the Practical Application of Islamic Law: From jurists’ law to statute law or what happens when the Shari’a is codified, Rudolph Peters; The compatibility dialectic: mediating the legitimate coexistence of Islamic law and state law, Abdullahi Ahmed An-Naʻim; Shariʻa and state in the modern Muslim Middle East, Nathan J. Brown. Part II Empirical Analyses of the Practical Application of Islamic Law: Shariʻa in the politics of Saudi Arabia, Frank E. Vogel; Islamic law in contemporary South Asia, Gregory C. Kozlowski; The Islamic legal system in Indonesia, Mark E. Cammack and R. Michael Feener; Expanding a formal role for Islamic law in the Indonesian legal system: the case of Mu’amalat, Alfitri; Islamic law as customary law: the changing perspective in Nigeria, A.A. Oba; Secular law and the emergence of unofficial Turkish Islamic law, Ihsan Yilmaz. Part III Islamic Family and Personal Status Laws in Practice: Family law & reform in Morocco - the Mudawana: modernist Islam and women’s rights in the code of personal status, Laura A. Weingartner; Protecting Muslim women against abuse of polygamy in Malaysia: legal perspective, Zaleha Kamaruddin and Raihanah Abdullah; Islamic law and gender equality - could there be a common ground? A study of divorce and polygamy in Sharia law and contemporary legislation in Tunisia and Egypt, Amira Mashhour; The legal impediments to the application of Islamic family law in the Philippines, Anshari P. Ali. Part IV Islamic Criminal Law in Practice: Judicial practice in Islamic criminal law in Nigeria - a tentative overview, Gunnar J. Weimann; Punishment in Islamic law: a critique of the Hudud Bill of Kelantan, Malaysia, Mohammad Hashim Kamali; Her honor: an Islamic critique of the rape laws of Pakistan from a woman-sensitive perspective, Asifa Quraishi; The 2006 Women Protection Act of Pakistan: an analysis, Niaz A. Shah. Part V Islamic Law of Financial Transactions in Practice: An analysis of the courts’ decisions on Islamic finance disputes, Zulkifli Hasan and Mehmet Asutey. Part VI Islamic Judicial and Court Practice: Shari’ah court judges and judicial creativity (ijtihad) in Malaysia and Thailand: a comparative study, Ramizah Wan Muhammad; Why aren’t women Sharīʻa court judges? The case of Syria, Monique C. Cardinal; Kadis (judges) of the Sharia Court of Appeal: the problems of identity, relevance, and marginalisation within the Nigerian legal system, A.A. Oba; The judge as tragic hero: judicial ethics in Lebanon’s Shariʻa courts, Morgan Clarke. Name index.
Muslim World Journal of Human Rights, 2007
This article argues that while Islam may not be the sole factor for ensuring the realization of h... more This article argues that while Islam may not be the sole factor for ensuring the realization of human rights in Muslim States, it is certainly a significant factor that can be constructively employed as a vehicle for improving the poor human rights situation in predominantly Muslim States that recognise Islam as State religion or apply Islamic law or Islamic principles as part of State law. It addresses the question of how best to realize that in light of the two essential approaches (the 'socio-cultural approach' and the 'politico-legal approach') for promoting and protecting human rights generally, and the two divergent perspectives (the 'adversarial perspective' and the 'harmonistic perspective') to the discourse on Islam and human rights. The article then advances the view that the harmonistic perspective would be most helpful for employing Islam as a vehicle for the realization of human rights in the Muslim world within the context of the socio-cultural and politico-legal approaches for promoting and protecting human rights generally. Relevant academic and policy oriented examples, especially in relation to promoting women's rights in the Muslim world, are cited to substantiate this position.
... SOAS Departments & Centres: Faculty of Law and Social Sciences > School of Law. ID Cod... more ... SOAS Departments & Centres: Faculty of Law and Social Sciences > School of Law. ID Code: 4375. Deposited By: Mashood Baderin. Deposited On: 11 Mar 2008 10:16. Last Modified: 09 Jan 2009 11:47. Repository Staff Only: item control page. ...
The International Journal of Human Rights, 2001
This article re-visits the debate about whether or not Islamic law and international human rights... more This article re-visits the debate about whether or not Islamic law and international human rights are compatible. It examines and responds to the traditional arguments on the subject from both an international human rights and Islamic legal perspective. It formulates a synthesis between two extremes and argues that although there are some differences, that does not create a general state of dissonance between Islamic law and international human rights. The author argues that the differences would be easier to address if the concept of human rights is first positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law. He thus researches into the sources, jurisprudence and general principles of Islamic law to establish the concept of human rights in common perspective with the concept under international human rights law. The article concludes that through this establishment of common grounds Islamic law could serve as an important vehicle for the realisation of international human rights in the Muslim world.
Hum. Rts. L. Rev., 2001
Page 1. A MACROSCOPIC ANALYSIS OF THE PRACTICE OF MUSLIM STATE PARTIES TO INTERNATIONAL HUMAN RIG... more Page 1. A MACROSCOPIC ANALYSIS OF THE PRACTICE OF MUSLIM STATE PARTIES TO INTERNATIONAL HUMAN RIGHTS TREATIES: CONFLICT OR CONGRUENCE? Mashood A. Baderin * INTRODUCTION One important ...
Netherlands international law review, 2002
3. Effective collective security in Africa: from OAU to AU 3.1 An analysis of OAU'non-interv... more 3. Effective collective security in Africa: from OAU to AU 3.1 An analysis of OAU'non-intervention principle'3.2 The AU Act: analysis of its collective security provisions 3.2. 1 The right of intervention under the AU Constitutive Act 3.2. 2 Who determines and by what ...
*=NEW TO THIS EDITION INTRODUCTION I. EARLY RESPONSES: CRISIS AND THE SEARCH FOR IDENTITY Rifaa B... more *=NEW TO THIS EDITION INTRODUCTION I. EARLY RESPONSES: CRISIS AND THE SEARCH FOR IDENTITY Rifaa Badawi Rafi al-Tahtawi: Fatherland and Patriotism Sayyid Jamal al-Din al-Afghani: An Islamic Response to Imperialism Islamic Solidarity Shaykh Muhammad Abduh: Islam, Reason, and Civilization Sir Sayyid Ahmad Khan: India and English Government Islam: The Religion of Reason and Nature II. ISLAM AND THE MODERN STATE ISLAM AND NATIONALISM Rashid Rida: Patriotism, Nationalism, and Group Spirit in Islam Amir Shakib-Arslan: Our Decline and Its Causes Taha Husayn: The Future of Culture in Egypt Hasan al-Banna: The New Renaissance Abd al-Rahman al-Bazzaz: Islam and Arab Nationalism Muhammad Iqbal: A Separate Muslim State in the Subcontinent Abu-l-Ala Mawdudi: Nationalism and Islam ISLAM AND SOCIALISM Shaykh Mahmud Shaltut: Socialism and Islam Muammar al-Qadhdhafi: The Third Way Michel Aflaq: The Arab Personality: Between Past and Present Mustafa Sibai: Islamic Socialism Sayid Qutb: Social Justice in Islam The Algerian National Charter: Islam and the Socialist Revolution A.K. Brohi: The Concept of Islamic Socialism ISLAM IN THE CONTEMPORARY SECULAR STATE Ali Abd al-Raziq: The Caliphate and the Bases of Power Hichem Djait: Islam, Reform, and the New Arab Man Mustafa Mahmud: Islam vs. Marxism and Capitalism Mushie ul-Haq: Islam in Secular India * Asghar Ali Engineer: Islam and Secularism III. ISLAM AND SOCIAL CHANGE THE MODERNIZATION OF ISLAMIC LAW Subhi Mahmasani: Adaptation of Islamic Jurisprudence to Modern Social Needs Asaf A.A. Fyzee: The Reinterpretation of Islam The Debate over Family Law Reform in Pakistan * Amina Wadud: Rights and Roles of Women * Ahmed Zaki Yamani: The Political Competence of Women * M. Ashmawi: Reforming Islam and Islamic Law * Heba Rouf-Ezzat: On the Future of Women and Politics in the Arab World * Sisters in Islam: Chronology of a Struggle for Equal Rights * Fatwas: The Veil/Hijab * Bio-ethics/Family Planning ISLAM AND ECONOMICS Ayatullah Mahmud Taliqani: The Characteristics of Islamic Economics Khurshid Ahmad: Islam and the Challenge of Economic Development M. Umar Chapra: The Islamic Welfare State * M. Baqr al-Sadr: The Psychological Role of Islam in Economic Development IV. ISLAM AND CONTEMPORARY ISSUES ISLAM AND DEMOCRACY Abu-l-Ala Mawdudi: Political Theory of Islam * Raschid Ghannoushi: Islamists' Participation in a non-Islamic Government Mohammed Selim al-Awa: Political Pluralism: An Islamic Perspective * Murad Hofmann: Democracy or Shuracracy * Abdul Aziz Sachedina: Why Democracy, and Why Now? * Abdel Karim Soroush: Tolerance and Governance * Abid Ullah Jan: Neither Required nor an Issue ISLAM AND THE WEST: CLASH AND DIALOGUE * Anwar Ibrahim: The Need for Civlizational Dialogue * Anwar Ibrahim: The Need for Civilizational Dialogue * M. Shahrour: Islamic Culture in Danger * Ali Shariati: Religion and Protest * Mohammed Khatami: Dialogue between East and West * Seyyed Hossein Nasr: Reflections Upon Islam and the West * T.J. Winter: The Poverty of Fanaticism JIHAD DEFINED AND REDEFINED * Sherman Jackson: Jihad in the Modern World * Sayyid Qutb: Jihad in the Cause of God * Farag: The Forgotten Duty * Abudllah Al-Azzam: Caravan: Global Jihad * Osama Bin Laden: Neo-Jihad or Global Jihad * HAMAS: The Covenant of the Islamic Resistance Movement * Shams al-Din: On the Political Unity of Using Armed Violence * Shaykh Muhammed Fadlallah: We must think before we act September 11 was a gift to the U.S. administration Khaled Abou El Fadl: Islam and Violence: Our Forgotten Legacy * Fatwas: Jihad, Suicide Bombing, and Martyrdom GLOBAL VOICES: ISSUES OF IDENTITY * Mustafa Ceric: The Many Voices of Islam: Cultivating Intellectual Pluralism * Tariq Ramadan: The Arab World and the Muslims Faced with their Contradictions * Osman Bakar: Islam and the Malay Civilizational Identity: Tension and Harmony between Ethnicity and Religiosity * Nurcholish Madjid: Islamic Faith and the Problem of Pluralism: Relations among the Believers * Muqtedar Khan: Reason and Individual Reasoning (Ijtihad) * Ali Mazrui: Human History as Divine Revelation: A Dialogue
![Research paper thumbnail of Javaid Rehman, Islamic State Practices, International Law and the Threat from Terrorism Islamic State Practices, International Law and the Threat from Terrorism , Javaid Rehman [Oxford: Hart Publishing, 2005], pp. 256 + xx](https://attachments.academia-assets.com/76110154/thumbnails/1.jpg)
African Journal of International and Comparative Law, 2006
Terrorism has a very old history, with some historians dating it as far back as ancient Greek tim... more Terrorism has a very old history, with some historians dating it as far back as ancient Greek times. Historical records reveal that adherents of cultural, nationalist, religious and secular ideologies have all, at one time or another, made their own "contributions" to terrorism in form of political or ideological violence in different parts of the world. However, it was the horrendous terrorist act of September 11 on the World Trade Centre in New York that propelled terrorism, as a global threat, to the top agenda of international law and relations. "War on terrorism" has thus become the new catchword of international relations. In relation to international law, the United Nations Secretary General, Kofi Annan, has noted copiously that terrorism is a global threat, which the United Nations has an obligation to deal with under international law. Due to the fact that the highest potential of humanity can best be realised in an atmosphere of peace, justice and non-violence, the international effort against terrorism must certainly be supported globally and pursued through international multilateral cooperation. This cooperation must not however be seen as restricted only to legislative cooperation or military alliances, but inclusive of cultural, religious and ethical engagement and cooperation amongst individuals, communities and States. This, on the one hand, underlines the relevance of Islamic law in the international effort against terrorism in relation to Muslim communities and States. On the other hand the so called "war on terrorism" declared by the United States of America after September 11 has been criticised by many commentators as putting Islam and Muslims under some sort of siege, which begs many questions regarding the relationship between Islamic State practices and International law in the threat from terrorism. Javaid Rehman's book is very relevant and timely in that regard. Against the background of many misconstructions about Islamic Law and the practices of Muslim States since the terrorist act of September 11, Rehman states that the fundamental objective of this book "is to eradicate existing misconceptions that have linked the Islamic legal systems per se with international terrorism" and to advance the view that "notwithstanding considerable ideological and conceptual deviances, modern Islamic State practices are broadly in agreement with international laws prohibiting acts of terrorism"(p. 3). He then proceeded to pursue that objective in eight substantive chapters covering: 1. The Sources of Sharia and the Ethos of "Islamic" Identity; 2. The Sharia and Siyar in the Development of the Law of Nations; 3.
Asia-Pac. J. on Hum. Rts. & L., 2001
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Religion and Human Rights, 2009
The relationship between modern international law and Islamic law has raised many theoretical and... more The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship ...
Human Rights Law Review, 2005
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Education + Training
Purpose The UK is a popular educational hub for international students from different parts of th... more Purpose The UK is a popular educational hub for international students from different parts of the world. These students often face different transitional challenges, which have a significant impact on the success or failure of their studies. The purpose of this paper is to systematically investigate the issues and challenges confronting international students in the UK in their efforts to acquire academic knowledge and achieve personal development. Design/methodology/approach A total of 104 UK-based international students in five higher education institutes in London from 25 countries participated in this study. The study was undertaken qualitatively through 21 semi-structured and 13 focus group interviews. Findings The findings reveal that the process of transitional adjustment is affected by various issues, all of which determine the duration of the students’ involvement in each stage of the transitional process. International students in the UK experience language/accent-related...
Yearbook of Islamic and Middle Eastern Law Online
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Papers by Mashood Baderin