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

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Edited by: Javaid Rehman, Susan Breau

ISBN13: 9789004158269
Published: June 2007
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £224.00



Despatched in 11 to 13 days.

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.

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Subjects:
Human Rights and Civil Liberties, Islamic Law
Contents:
Notes on Contributors
Part I: Introduction: Professor Javaid Rehman, Brunel Law School, Brunel University, London & Dr Susan C. Breau, School of Law, University of Surrey: Introductory Reflections; 1. Professor Kevin Boyle, Department of Law, University of Essex, United Kingdom: Freedom of Religion in International Law; 2. Professor Christine Chinkin, School of Law, London School of Economics, London: Women’s Human Rights and Religion: How do they Co-Exist?
Part II: Reflections on Religion, Human Rights and International Law: 3. Professor Shaheen Sardar Ali, School of Law, University of Warwick, UK and University of Oslo, Norway: The Twain Doth Meet! A Preliminary Exploration of the Theory and Practice of as-Siyar and International Law in the Contemporary world; 4. Professor Ilias Bantekas, School of Law, Brunel University, London: Religion as a Source of International Law; 5. Dr Susan C. Breau, School of Law, University of Surrey, United Kingdom: Human Rights and Cultural Relativism: The False Dichotomy; 6. Audrey Guichon, The Junction, Derry, Northern Ireland, United Kingdom: Some Arguments on the Universality of Human Rights in Islam
Part III: Religions, Values and Constitutionalism within International Human Rights Law: 7. Professor Rebecca Wallace, Professor of International Law, Robert Gordon University: Religion within the Refugee Context: Squaring the Circle?; 8. Professor Ben Chigara, Brunel Law School, Brunel University, London: The Advent of Proportional Human Rights and the Dignity Inherent in Individuals qua Human Beings; 9. Fiona de Londras, Faculty of Law, University College Cork, Ireland: The Religiosity of Jus Cogens: A Moral Case for Compliance?; 10. Dr. David Keane, Brunel Law School, Brunel University, London: Why the Hindu Caste System Presents a New Challenge for Human Rights
Part IV: Islam, State Practices and Contemporary International Law: 11. Professor Mashood Baderin, Brunel Law School, Brunel University, London: The Role of Islam in Human Rights and Development in Muslim States; 12. Dr. Matin Lau, School of Oriental and African Studies (SOAS), University of London: Human Rights, Natural Justice and Pakistan’s Shariat Courts; 13. Dr. Siobhán Mullally, Faculty of Law, University College Cork, Ireland: Women, Islamisation and Human Rights in Pakistan: Developing Strategies of Resistance; Debating Women’s Human Rights in Pakistan: Negotiating Conflicting Claims; 14. Professor Javaid Rehman, Brunel Law School, Brunel University, London: Nation-building in an Islamic State: Minority Rights and Self-Determination in the Islamic Republic of Pakistan
Part V: Islam, Minorities Rights and the Implications of 9/11: 15. Dr. Alexandra Xanthaki, Brunel Law School, Brunel University, London: Multiculturalism and Extremism: International Law Perspectives; 16.Alice Diver and John Thompson, School of Law, Ulster University, UK: Prayers, Planners and Pluralism: Protecting the Rights of Minority Religious Groups; 17. Victoria Montgomery, Department of Politics, Queens University Belfast, Northern Ireland: Are you a Protestant or a Catholic Muslim? The Path of Muslim integration into Northern Ireland; 18. Professor Javaid Rehman, Brunel Law School, Brunel University, London: Religion, Minority Rights and Muslims of the United Kingdom.