Religious Minorities, Islam and the Law
Religious Minorities, Islam and the Law

Author: Al Khanif

Publisher: Routledge

Published: 2020-09-03

Total Pages: 215

ISBN-13: 1000168565

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This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

Minority Religions under Irish Law
Minority Religions under Irish Law

Author: Kathryn O'Sullivan

Publisher: BRILL

Published: 2019-05-07

Total Pages: 264

ISBN-13: 9004398252

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Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular.

Religious Legal Traditions, International Human Rights Law and Muslim States
Religious Legal Traditions, International Human Rights Law and Muslim States

Author: Kamran Hashemi

Publisher: BRILL

Published: 2008-08-31

Total Pages: 304

ISBN-13: 9047431537

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This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.

Religion, Human Rights and International Law
Religion, Human Rights and International Law

Author: Javaid Rehman

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 593

ISBN-13: 900415826X

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Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

Minority Rights in the Middle East
Minority Rights in the Middle East

Author: Joshua Castellino

Publisher: OUP Oxford

Published: 2013-04-25

Total Pages: 502

ISBN-13: 0191668885

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Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

The Legal Treatment of Muslim Minorities in Italy
The Legal Treatment of Muslim Minorities in Italy

Author: Andrea Pin

Publisher: Taylor & Francis

Published: 2017-05-15

Total Pages: 199

ISBN-13: 1134807686

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Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.

Religious Pluralism and Islamic Law
Religious Pluralism and Islamic Law

Author: Anver M. Emon

Publisher: Oxford University Press

Published: 2012-07-26

Total Pages: 382

ISBN-13: 0199661634

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Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.

Religious Minorities in Christian, Jewish and Muslim Law (5th-15th Centuries)
Religious Minorities in Christian, Jewish and Muslim Law (5th-15th Centuries)

Author: Nora Berend

Publisher: Brepols Publishers

Published: 2017

Total Pages: 0

ISBN-13: 9782503565712

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The fruit of a sustained and close collaboration between historians, linguists and jurists working on the Christian, Muslim and Jewish societies of the Middle Ages, this book explores the theme of religious coexistence (and the problems it poses) from a resolutely comparative perspective. The authors concentrate on a key aspect of this coexistence: the legal status attributed to Jews and Muslims in Christendom and to dhimm's in Islamic lands. To what extent are the rights of the minorities to reside in their communities distinct from, or similar, to those of the majority community? What role did the law play in the segregation of religious groups? In limiting, combating, or on the contrary justifying violence against them? What specific treatments and procedures in the courtroom were reserved for plaintiffs, defendants or witnesses belonging to religious minorities? Through these questions, and through the innovative comparative method applied to them, this book offers a fresh new synthesis to these questions and a spur to new research.

The Legal Treatment of Islamic Minorities in Europe
The Legal Treatment of Islamic Minorities in Europe

Author: Roberta Aluffi Beck-Peccoz

Publisher:

Published: 2004

Total Pages: 356

ISBN-13:

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In all countries of the European Union, the Muslim communities, numbering about 15,000,000 people, represent a substantial religious minority, although it is a very varied group, both in terms of religious practice and national origin. The very weight of this minority forces the legal systems to come to terms with its presence. However, these changes are highly diversified and are evolving rapidly, not necessarily towards greater tolerance. This volume provides a brief sketch of these changes, describing the situation of some member countries of the European Union (Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Portugal, Spain, Sweden and UK) and of one of the enlargement candidate countries, Romania. The book also contains an initial attempt at comparison between European countries and the USA and an overall analysis of the problems posed by the Islamic presence in Europe and the strategies to manage them. This work allows readers to draw some general conclusions on convergences and divergences within the European Union and the factors that determine them.