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Islamic Human Rights and International Law

by Glenn L. Roberts

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Institution: University of Houston Law Center
Advisor(s): Jacqueline Lang Weaver; Jordan Paust
Degree: Doctor of Jurisprudence
Year: 2003
Volume: 126 pages
ISBN-10: 1581123477
ISBN-13: 9781581123470

Abstract

Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women’s rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of “Islamic human rights” that compete with and seek to displace “Western human rights.” Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an “American customary-law-of-human-rights school” have responded with a new militant doctrine of “instant customary law” to aid the U.S. in its “war on terror,” targeting the Sharia wherever encountered, and risking a global “war on Islam.”

About The Author

Glenn L Roberts is an attorney and translator with Pro-Lex Services, specializing in Arabic legal translating. Roberts is a student of the Islamic Sharia in international law and Central Asia.