Religion, Human Rights and International Law ：A Critical Examination of Islamic State Practices ( 1 )

Publication subTitle ：A Critical Examination of Islamic State Practices

Publication series ：1

Author： Rehman   Javaid;Breau   Susan  

Publisher： Brill‎

Publication year： 2007

E-ISBN: 9789047420873

P-ISBN(Paperback): 9789004158269

P-ISBN(Hardback):  9789004158269

Subject： D912.1 行政法

Keyword： 法律

Language： ENG

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Description

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.

Chapter

Notes on the Contributors

Part One Introduction

Introductory Reflections Professor Javaid Rehman and Dr. Susan Breau

1.Freedom of Religion in International Law Professor Kevin Boyle

2.Women’s Human Rights and Religion: How do they Co-Exist? Professor Christine Chinkin

Part Two Reflections on Religion, Human Rights and International Law

3. The Twain Doth Meet! A Preliminary Exploration of the Theory and Practice of as-Siyar and International Law in the Contemporary World Professor Shaheen Sardar Ali

4. Religion as a Source of International Law Professor Ilias Bantekas

5. Human Rights and Cultural Relativism: The False Dichotomy Dr Susan C. Breau

6. Some Arguments on the Universality of Human Rights in Islam Audrey Guichon

Part Three Religions, Values and Constitutionalism with in International Human Rights Law

7. Religion within the Refugee Context: Squaring the Circle? Professor Rebecca M.M. Wallace

8. The Advent of Proportional Human Rights and the Dignity Inherent in Individuals qua Human Beings Professor Ben Chigara

9. The Religiosity of Jus Cogens: A Moral Case for Compliance? Fiona de Londras

10. Why the Hindu Caste System Presents a New Challenge for Human Rights Dr. David Keane

Part Four Islam, State Practices and Contemporary International Law

11. The Role of Islam in Human Rights and Development in Muslim States Professor Mashood A. Baderin

12. Human Rights, Natural Justice and Pakistan’s Shariat Courts Dr Martin Lau

13. Women, Islamisation and Human Rightsin Pakistan: Developing Strategies of Resistance Dr. Siobhán Mullally

14. Nation-Building in an Islamic State: Minority Rights and Self-Determinationin the Islamic Republic of Pakistan Professor Javaid Rehman

Part Five Islam, Minorities Rights and the Implications of 9/11

15. Multiculturalism and Extremism:International Law Perspectives Dr Alexandra Xanthaki

16. Prayers, Planners and Pluralism:Protecting the Rights of Minority Religious Groups Alice Diver and John Thompson

17 ‘Are You a Protestant or a Catholic Muslim?’ The Path of Muslim Integration into Northern Ireland Victoria Montgomery

18. Religion, Minority Rights and Muslims of the United Kingdom Professor Javaid Rehman

Index

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