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  1.  2
    Children’s Custody Under Islamic Law: Whose Right Is It?Zainah Almihdar - 2018 - Muslim World Journal of Human Rights 15 (1):125-132.
    In the absence of a codified Family Law, the Kingdom of Saudi Arabia has traditionally applied the Hanbali school of Islamic Law in its family courts. However, the court’s handling of children’s custody cases has been criticised as being too rigid and narrow in interpreting the principles of Islamic Law. To overcome some of the problems faced in children’s custody cases, the Saudi authorities have recently made a number of Directions and Decisions for the family courts to follow. Through looking (...)
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  2.  1
    A Genuine Islamic Conceptualization of Religious Freedom.Farhood Badri - 2018 - Muslim World Journal of Human Rights 15 (1):1-27.
    Departing from a critical norm research perspective, the paper first sketches the need to unveil the Eurocentric and secular bias of International Relations as a discipline in general and its constructivist norm research program in particular. With regard to human rights norms, and religious freedom in particular, the dominant liberal-secular international human rights law understanding of religious freedom marginalizes religious, and especially, Islamic grounds and understandings of this truly global norm. Indeed, it demonstrates both, the dominant ideational perspective of religious (...)
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  3.  4
    Jordanian Discriminatory Laws Concerning Women. The Dichotomy of Strive for Progression Versus Tradition.Agata Julia Foksa-Biegaj - 2018 - Muslim World Journal of Human Rights 15 (1):99-123.
    The primary aim of this article is to illustrate the dichotomy of Jordan as a progressive country, perhaps best exemplified through the engagement of the royal family in human rights matters, versus the traditional approach, sanctioning the discriminatory laws concerning women. This paper further attempts to demonstrate that Jordan is balancing between the conservative tribal interests, by pertaining to the Arab and Islamic tradition on the one hand, and the need for democratisation and further human rights development on the other. (...)
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  4.  5
    Contemporary Traditionalists and Reformists Iranian Jurists and the Subject of Human Rights.Masoumeh Rad Goudarzi & Alireza Najafinejad - 2018 - Muslim World Journal of Human Rights 15 (1):29-58.
    The inability of traditional Shi’a jurisprudents to respond to the challenges in the field of human rights and the rights of religious minorities, which is rooted in the denial of human dignity and the emphasis on religious dignity, has led to the emergence of a new discourse among contemporary Shi’a jurisprudents in Iran in recent years. This group of jurists known as reformist jurists seeks to re-evaluate the jurisprudential laws, re-interpret the Shari’a and find a way out of the religion (...)
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  5. Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform.Ayesha Shahid - 2018 - Muslim World Journal of Human Rights 15 (1):59-98.
    Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of (...)
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