Justice, Equality and Human Rights in Islamic Law: A Critique
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This paper investigates conceptualisations of justice in Islamic Law, which assume a key position within the primary sources of Shari’a. Although principles of justice are integral to Islam, they are partial and limited as they fail to incorporate fully the notion of gender equality. A critique of this ‘disconnect’ will be offered with an investigation of the possibility of utilising hermeneutic principles such as maslaha and maqasid-al-shari'a within a broader reformist, human rights context.
Qudsia Mirza teaches law at Birkbeck, University of London. After qualifying as a solicitor, Qudsia joined the University of East London and was Senior Lecturer in Law before re-locating to the US. She has taught at Washington and Lee University, University of Cincinnati and was the Kate Stoneman Professor of Law and Democracy at Albany Law School. She has held visiting Research Fellow positions at the University of California, Berkeley, Harvard Law School, and Onati International Institute for the Sociology of Law. Qudsia has been appointed to executive and advisory positions for a number of organisations including the Joint Council for the Welfare of Immigrants, and the Contemporary Arab and Muslim Cultural Studies Institute, University of North Texas. She is currently appointed to the governance committee of the Law and Society Association, and also elected to the Policy Council, and to the Executive Committee of Liberty. She has been a member of the editorial boards of Muslim World Journal of Human Rights and Social and Legal Studies. Qudsia has published extensively in the area of Islamic Law with a focus on feminist perspectives of Islamic Law and is currently editing a collection entitled Islam, Feminism and Legal Cultures.