Religious Legal Traditions, International Human Rights Law and Muslim States

by Hashemi, Kamran

• ISBN13: 9789004165557
• ISBN10: 900416555X
• Format: Hardcover
• Copyright: 2008-07-15
• Publisher: Martinus Nijhoff

Summary

"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."--BOOK JACKET.

Author Biography

Kamran Hashemi, Ph.D. (2007) in law, National University of Ireland, Galway, is teaching human rights and international law in Iranian universities. He has published several articles in Persian and English on the law of the sea, international terrorism and human rights.

Table of Contents

Foreword	p. xi
Acknowledgments	p. xv
Introduction	p. 1
A Apostasy (Irtidad)
Introductory Remarks	p. 23
Muslim Legal Traditions of Apostasy and Relevant Human Rights Law	p. 27
Related Legal Traditions and Their Three Different Phenomena	p. 27
Conversion	p. 27
Blasphemy (Sabb)	p. 31
Heresy	p. 32
Punishment of Apostasy	p. 36
Legal Consequences of Apostasy	p. 38
Related International Human Rights Law	p. 39
Conversion and Proselytizing	p. 39
Offences against Religion, and Religious Hatred Speech	p. 43
Summary	p. 51
Current Application of Traditional Rules of Conversion and Proselytizing	p. 55
Legislation on Conversion	p. 55
Legislation on Proselytizing	p. 57
Legal Consequences of Conversion	p. 60
Legislation on Legal Consequences of Conversion	p. 60
Legal Consequences of Conversion in Practice	p. 62
Use or Abuse of Legal Consequences of Conversion	p. 65
Case Studies	p. 68
Legislation on Conversion and Proselytizing in Practice: The Case of Malaysia	p. 68
Case of Abdul Rahman in Afghanistan	p. 71
The States Official Positions	p. 73
Drafting of the Related International Instruments	p. 73
Implementation of the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance Based on Religion or Belief	p. 76
Implementation of the Convention on the Rights of the Child	p. 82
Summary	p. 82
Current Application of Traditional Rules of Blasphemy (Sabb)	p. 85
Related Legislation	p. 85
Rushdie: A Sabb Case?	p. 88
Summary	p. 91
Current Application of Traditional Rules of Heresy	p. 93
Related Legislation	p. 93
Heretic Religious Groups	p. 99
The Ahmadies	p. 99
Other Heretic Religious Groups	p. 102
Security Laws against Heretic Religious Groups	p. 106
Sources of Takfir (Declaring Other Muslims as Infidel)	p. 107
Authorized (Official) Sources	p. 107
Semi-authorized and Arbitrary Sources	p. 108
The Major Heresy Cases	p. 112
The Case of Ostadh Mahmud Muhammad Taha (Sudan)	p. 112
The Case of Professor Nasr Hamed Abu Zayd (Egypt)	p. 114
The Case of Hasan Yousefi Eshkevari (Iran)	p. 117
The Case of Professor Hashem Aghajari (Iran)	p. 117
Summary	p. 120
Concluding Remarks	p. 123
Protection Of Religious Minorities (Dhimmah)
Introductory Remarks	p. 135
Muslim Legal Traditions of Dhimmah and Relevant Human Rights Law	p. 139
Dhimmah and Its Practice in Recent History	p. 139
Dhimmah	p. 139
Dhimmah system in recent centuries	p. 143
Related Human Rights Law on Religious Minorities	p. 146
Protection of Religious Minorities in Their Right to Identity (Identity Rights)	p. 146
Right of Religious Minorities to Be Legally Recognized	p. 156
Right of Minorities to Personal Legal Autonomy	p. 163
Discrimination on Grounds of Religion and Discrimination in Religious Rights (Discrimination on Grounds of Identity and Discrimination in Identity Rights)	p. 169
Current Application of Public Aspects of Dhimmah	p. 175
Recognition of Non-Muslim Religious Minorities by Muslim States	p. 175
The Rights of Non-recognized Religious Minorities	p. 180
'Krishnaswami Study' and Different Practices of Muslim States in Recognition of Religions	p. 180
The Rights of Non-recognized Religious Minorities in the Constitution of Iran	p. 182
The Legal Status of Baha'is in Muslim Countries	p. 184
Discrimination on Grounds of Religion in Legislation	p. 189
Provisions of the Constitutions	p. 189
Discrimination in Legislation Concerning the Head of State and Other Official Positions	p. 190
Discrimination Concerning Issues of Evidence and Punishment: Mixed Dhimmah-Hudood Related Muslim Legal Traditions	p. 192
Discrimination in Legislation against the Employment of Non-recognized Religious Minorities	p. 195
Current Application of Personal Aspects of Dhimmah	p. 197
Recognition of Marriage and Personal Law of Minorities	p. 197
Areas of Discrimination	p. 202
Concluding Remarks	p. 209
Rights of the Child
Introductory Remarks	p. 215
Implementation of the Convention on the Rights of the Child by Muslim States	p. 219
Related Muslim Legal Traditions and Reservations of Muslim States to the Convention	p. 219
The Concept of Maturity in Muslim Legal Traditions and Issues Concerning 'Age': Articles 1 and 37	p. 221
Child Marriage	p. 224
Penalizing of Premarital Sexual Intercourse	p. 225
Capital Punishment of Juveniles	p. 228
Possible Areas of Distinction and Discrimination Article 2 of the Convention	p. 230
Children Born out of Wedlock	p. 232
Different Ages of Marriage for Boys and Girls	p. 237
Difference between the Mother and the Father in Their Rights (Duties) of Custody and Guardianship of Children	p. 238
Freedom of Religion: Article 14 of the Convention	p. 241
Kafalah of Muslim Legal Traditions and Adoption Articles 20 and 21 of the Convention	p. 245
The Committee on the Rights of the Child, Reservations and Muslim Legal Traditions	p. 251
Concluding Remarks	p. 255
Conclusion	p. 259
Written Legislation and Legal Practise	p. 259
Introducing 'Shariah' as a Reference to Islam	p. 260
In Line with This Study	p. 261
Selected Bibliography	p. 267
Index	p. 281
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