Religious Minorities Islam And The Law

Author : Al Khanif
Publisher : Routledge
Page : 215 pages
File Size : 44,5 Mb
Release : 2020-09-03
Category : History
ISBN : 9781000168563

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Religious Minorities, Islam and the Law by Al Khanif Pdf

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.

Author : Kathryn O'Sullivan
Publisher : BRILL
Page : 264 pages
File Size : 41,7 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004398252

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Minority Religions under Irish Law by Kathryn O'Sullivan Pdf

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.

Author : Hashemi
Publisher : BRILL
Page : 304 pages
File Size : 50,6 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431534

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Religious Legal Traditions, International Human Rights Law and Muslim States by Hashemi Pdf

Considering the subject of Islam and Human Rights, the book tackles three areas that have been largely ignored in 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.

Author : Javaid Rehman,Susan Carolyn Breau
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 43,8 Mb
Release : 2007
Category : Religion
ISBN : 9789004158269

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Religion, Human Rights and International Law by Javaid Rehman,Susan Carolyn Breau Pdf

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.

Author : Muhammad Sharif Chaudhry
Publisher : Unknown
Page : 76 pages
File Size : 50,7 Mb
Release : 1995
Category : Dhimmis
ISBN : UOM:39015041354344

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Non-Muslim Minorities in an Islamic State by Muhammad Sharif Chaudhry Pdf

Author : Joshua Castellino,Kathleen A. Cavanaugh
Publisher : OUP Oxford
Page : 456 pages
File Size : 50,7 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780191668883

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Minority Rights in the Middle East by Joshua Castellino,Kathleen A. Cavanaugh Pdf

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.

Author : Andrea Pin
Publisher : Taylor & Francis
Page : 176 pages
File Size : 48,7 Mb
Release : 2017-05-15
Category : Political Science
ISBN : 9781134807680

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The Legal Treatment of Muslim Minorities in Italy by Andrea Pin Pdf

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.

Author : Sean Oliver-Dee
Publisher : Unknown
Page : 240 pages
File Size : 54,7 Mb
Release : 2012
Category : Citizenship (Islamic law)
ISBN : 075561092X

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Muslim Minorities and Citizenship by Sean Oliver-Dee Pdf

"The issues of citizenship, identity and cohesion have rarely been as vital as they are today. Since the events of 9/11 and subsequent terrorist episodes in Bali, Madrid, London and elsewhere, focus in this area has centred primarily upon Muslim minority communities living in the West. This book examines the question of citizenship and loyalty, drawing on the historical contexts of Muslim minorities living under British and French imperial rule in the nineteenth and twentieth centuries, and looks at how shari'a functioned within the context of imperial civil code. It draws important comparisons that are of immense relevance today, and engages with current debates about the compatibility of Islamic law with civil law in non-Islamic societies. Engaging with both Muslim minority and government perspectives, this is important reading for scholars, students, commentators and policy-makers concerned with the question of Western engagement with its own minorities."--Publisher's website.

Author : Anver M. Emon
Publisher : OUP Oxford
Page : 384 pages
File Size : 49,9 Mb
Release : 2012-07-26
Category : Law
ISBN : 9780191637742

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Religious Pluralism and Islamic Law by Anver M. Emon Pdf

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 44,6 Mb
Release : 2013-06-13
Category : Religion
ISBN : 9789004233362

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Islam and International Law by Anonim Pdf

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Author : Roberta Aluffi Beck-Peccoz,Giovanna Zincone
Publisher : Unknown
Page : 356 pages
File Size : 49,6 Mb
Release : 2004
Category : Language Arts & Disciplines
ISBN : UOM:39015061198902

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The Legal Treatment of Islamic Minorities in Europe by Roberta Aluffi Beck-Peccoz,Giovanna Zincone Pdf

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.

Author : Nora Berend,Youna Hameau-Masset,Capucine Nemo-Pekelman,John Victor Tolan
Publisher : Unknown
Page : 454 pages
File Size : 54,5 Mb
Release : 2017
Category : Christianity and other religions
ISBN : 2503567096

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Religious Minorities in Christian, Jewish and Muslim Law (5th-15th Centuries) by Nora Berend,Youna Hameau-Masset,Capucine Nemo-Pekelman,John Victor Tolan Pdf

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 dhimmis 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.

Author : Christian Joppke
Publisher : Harvard University Press
Page : 222 pages
File Size : 52,5 Mb
Release : 2013-04-01
Category : Social Science
ISBN : 9780674074910

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Legal Integration of Islam by Christian Joppke Pdf

Christian Joppke and John Torpey show how four liberal democracies—France, Germany, Canada, and the U.S.—have responded to the challenge of integrating Muslim populations. Demonstrating the centrality of the legal system to this process, they argue that institutional barriers to integration are no greater on one side of the Atlantic than the other.

Author : Susanne Olsson
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 47,9 Mb
Release : 2016-03-24
Category : Religion
ISBN : 9780857729965

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Minority Jurisprudence in Islam by Susanne Olsson Pdf

According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.

Author : Marinos Diamantides,Adam Gearey
Publisher : Routledge
Page : 281 pages
File Size : 49,8 Mb
Release : 2011-08-08
Category : Law
ISBN : 9781136675652

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Islam, Law and Identity by Marinos Diamantides,Adam Gearey Pdf

The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization