Foreword

Acknowledgments

Introduction

PART A APOSTASY (IRTIDAD)

Introductory Remarks

Chapter 1 Muslim Legal Traditions of Apostasy and Relevant Human Rights Law

1.1. Related Legal Traditions and Their Three Different Phenomena

1.1.1. Conversion

1.1.2. Blasphemy (Sabb)

1.1.3. Heresy

1.1.4. Punishment of Apostasy

1.1.5. Legal Consequences of Apostasy

1.2. Related International Human Rights Law

1.2.1. Conversion and Proselytizing

1.2.2. Offences against Religion, and Religious Hatred Speech

1.3. Summary

Chapter 2 Current Application of Traditional Rules of Conversion and Proselytizing

2.1. Legislation on Conversion

2.2. Legislation on Proselytizing

2.3. Legal Consequences of Conversion

2.3.1. Legislation on Legal Consequences of Conversion

2.3.2. Legal Consequences of Conversion in Practice

2.3.3. Use or Abuse of Legal Consequences of Conversion

2.4. Case Studies

2.4.1. Legislation on Conversion and Proselytizing in Practice: The Case of Malaysia

2.4.2. Case of Abdul Rahman in Afghanistan

2.5. The States Official Positions

2.5.1. Drafting of the Related International Instruments

2.5.2. 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

2.5.3. Implementation of the Convention on the Rights of the Child

2.6. Summary

Chapter 3 Current Application of Traditional Rules of Blasphemy (Sabb)

3.1. Related Legislation

3.2. Rushdie: A Sabb Case?

3.3. Summary

Chapter 4 Current Application of Traditional Rules of Heresy

4.1. Related Legislation

4.2. Heretic Religious Groups

4.2.1. The Ahmadies

4.2.2. Other Heretic Religious Groups

4.2.3. Security Laws against Heretic Religious Groups

4.3. Sources of Takfir (Declaring Other Muslims as Infidel)

4.3.1. Authorized (Official) Sources

4.3.2. Semi-authorized and Arbitrary Sources

4.4. The Major Heresy Cases

4.4.1. The Case of Ostadh Mahmud Muhammad Taha (Sudan)

4.4.2. The Case of Professor Nasr Hamed Abu Zayd (Egypt)

4.4.3. The Case of Hasan Yousefi Eshkevari (Iran)

4.4.4. The Case of Professor Hashem Aghajari (Iran)

4.5. Summary

Concluding Remarks

PART B PROTECTION OF RELIGIOUS MINORITIES (DHIMMAH)

Introductory Remarks

Chapter 5 Muslim Legal Traditions of Dhimmah and Relevant Human Rights Law

5.1. Dhimmah and Its Practice in Recent History

5.1.1. Dhimmah

5.1.2. Dhimmah system in recent centuries

5.2. Related Human Rights Law on Religious Minorities

5.2.1. Protection of Religious Minorities in Th eir Right to Identity (Identity Rights)

5.2.2. Right of Religious Minorities to Be Legally Recognized

5.2.3. Right of Minorities to Personal Legal Autonomy

5.2.4. Discrimination on Grounds of Religion and Discrimination in Religious Rights (Discrimination on Grounds of Identity and Discrimination in Identity Rights)

Chapter 6 Current Application of Public Aspects of Dhimmah

6.1. Recognition of Non-Muslim Religious Minorities by Muslim States

6.2. Th e Rights of Non-recognized Religious Minorities

6.2.1. 'Krishnaswami Study' and Different Practices of Muslim States in Recognition of Religions

6.2.2. The Rights of Non-recognized Religious Minorities in the Constitution of Iran

6.2.3. The Legal Status of Baha?is in Muslim Countries

6.3. Discrimination on Grounds of Religion in Legislation

6.3.1. Provisions of the Constitutions

6.3.2. Discrimination in Legislation Concerning the Head of State and Other Offi cial Positions

6.3.3. Discrimination Concerning Issues of Evidence and Punishment: Mixed Dhimmah–Hudood Related Muslim Legal Traditions

6.3.4. Discrimination in Legislation against the Employment of Non-recognized Religious Minorities

Chapter 7 Current Application of Personal Aspects of Dhimmah

7.1. Recognition of Marriage and Personal Law of Minorities

7.2. Areas of Discrimination

Concluding Remarks

PART C RIGHTS OF THE CHILD

Introductory Remarks

Chapter 8 Implementation of the Convention on the Rights of the Child by Muslim States

8.1. Related Muslim Legal Traditions and Reservations of Muslim States to the Convention

8.2. The Concept of Maturity in Muslim Legal Traditions and Issues Concerning 'Age': Articles 1 and 37

8.2.1. Child Marriage

8.2.2. Penalizing of Premarital Sexual Intercourse

8.2.3. Capital Punishment of Juveniles

8.3. Possible Areas of Distinction and Discrimination Article 2 of the Convention

8.3.1. Children Born out of Wedlock

8.3.2. Different Ages of Marriage for Boys and Girls

8.3.3. Difference between the Mother and the Father in Their Rights (Duties) of Custody and Guardianship of Children

8.4. Freedom of Religion: Article 14 of the Convention

8.5. Kafalah of Muslim Legal Traditions and Adoption Articles 20 and 21 of the Convention

8.6. The Committee on the Rights of the Child, Reservations and Muslim Legal Traditions

Concluding Remarks

Conclusion

Written Legislation and Legal Practise

Introducing 'Shariah' as a Reference to Islam

In Line with This Study

Selected Bibliography

Index