scholarly journals PRINSIP ISLAM DALAM MELINDUNGI HAK MINORITAS

2021 ◽  
Vol 14 (2) ◽  
pp. 227-242
Author(s):  
Linda Novianti
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Religious Communities ◽  
Religious Minorities ◽  
Normative Approach ◽  
Sense Of Security ◽  
The Creation

This study aims to encourage the creation of a sense of security and peace for religious minorities in carrying out their obligations as religious communities. This study shows that minority rights are one of the most difficult problems faced by Muslims in today's context. In fact, minority rights have been regulated in the Al-Quran and were directly practiced by the Prophet Muhammad when leading Medina and confirmed in the form of the constitution of Medina. This study uses a qualitative normative approach. The results of this study conclude that Islam as a religion that teaches its people that plurality and plurality are sunatullah which need not be questioned as long as they do not contradict the principles of faith and human rights. Then Islam observes that the protection of minority rights is the prevention of economic, social, cultural, political and legal discrimination with the aim of equalizing positions without imposing boundaries based on differences from one another.

Recognizing Religious Minority Rights

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Eugenia Relaño Pastor
Keyword(s):  
Human Rights ◽  
Religious Diversity ◽  
Minority Rights ◽  
Religious Communities ◽  
European Convention ◽  
Religious Minority ◽  
Religious Minorities ◽  
Group Rights ◽  
National Minorities ◽  
European Court

The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

scholarly journals Religious Minorities in Iran

2000 ◽  
Vol 17 (3) ◽  
pp. 111-115
Author(s):  
Nazila Ghana-Hercock
Keyword(s):  
Human Rights ◽  
Associate Professor ◽  
Religious Communities ◽  
Religious Minorities ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Cold War ◽  
The University ◽  
Muslim Minorities ◽  
Political Scene

The author is an associate professor of political science at the University ofSouthern California. Her previous publications include a 1982 Praeger publication,"The Women's Rights Movement in Iran: Mutiny, Appeasement, andRepression from I 900 co Khomeini."Religious Minorities in Iran is of interest to political scientists, particularlythose focused on the Middle East; Iran experts; Islamic studies experts concernedwith modem-day politics and governance; those in the field of religiousstudies or comparative religion; and also lawyers, academics, and those workingin Non-Governmental Organizations (NGOs) in the human rights field whoare interested in issues related to minority rights, freedom of religion or belief,and human rights in the Middle East.The book focuses on those identified as the main ethnoreligious componentsof the non-Muslim religious communities in Iran: Armenians, Assyrians,Chaldeans, Jews, Zorascrians, Baha'fs, and Iranian Christian converts. Themain period of study is the first decade of the Islamic Revolution of Iran, 1979to 1989. The author gives three reasons for focusing on this period; she arguesthat this was the most ideologically charged moment of the revolution, that theposition of recognized non-Muslim minorities was largely routinized by thelate 1980s, and because she wants to avoid the nuances that emerge and complicatethe political scene after the end of the cold war and the formation ofpost-Soviet states. Later periods are mainly considered only when they beardirect relevance to the points being made and in the concluding chapter ...

scholarly journals Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021

2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
Abubakar Eby Hara
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Minority Rights ◽  
Review Author ◽  
International Human Rights ◽  
Religious Minority ◽  
Religious Minorities ◽  
International Human ◽  
Minority View ◽  
Secular State

This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy ​​respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in the process of spreading these values. It can be said that there is a process of modifying the values ​​of secularism in human rights and localization to make these values ​​an integral part of society. In this line of view, the author calls the Indonesian state a quasi-theistic secular state which means that Indonesia is a secular country but friendly and tries to guarantee freedom of religion and worship. In the case of minority rights in Islam, the state prioritizes harmony in society and supports the orthodox views of the majority. The minority view must be assimilated with the orthodox teachings of Islam to get a place to live. The quasi-theistic secular state continues to experience contestation and has undergone a long construction process based on the narration of the peaceful entry of Islam and the relatively moderate character of Indonesian Islam. At a certain level, this state concept has developed to be an identity and norms that become a reference for how to treat religious minorities. The author thus succeeded in showing that Indonesia is an example of a country that can develop its own identity and norms of religious life that are different from that of the Western secular state system.

scholarly journals Minority-Related Activities in the United Nations System in 2013

2015 ◽  
Vol 12 (1) ◽  
pp. 280-314
Author(s):  
Sally Holt ◽  
Rajiv Jebodh ◽  
Jeremie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Language Education ◽  
Minority Rights ◽  
Religious Minorities ◽  
Development Agenda ◽  
Roma People ◽  
United Nations System ◽  
Nations System ◽  
Year 2013

In reviewing the activities of relevant UN human rights institutions, bodies and mechanisms, this chapter identifies and examines some of the main issues that emerged regarding minority rights in the year 2013. It notably analyses how the UN has focused particular attention on the situation and the rights of religious minorities, as well as on the elaboration of the post-2015 development agenda. The article also reviews activities in other issue areas that are important for minorities, such as language, education, combatting racism, hatred and intolerance, and the prevention of genocide and mass atrocities. It highlights developments with regard to specific groups such as Roma, people living with albinism and Dalits. It also examines some of the urgent situations that have arisen from conflicts which have targeted minorities across the globe.

scholarly journals On Aims, Means, and Unintended Consequences: The Case of Molla Sali

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 859
Author(s):  
Effie Fokas
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Unintended Consequences ◽  
Religious Communities ◽  
Religious Minority ◽  
Minority Protection ◽  
Minority Community ◽  
National Minorities ◽  
European Court ◽  
Muslim Minority

This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.

Religious Minorities in Southeast Asia

2020 ◽  
pp. 135-160
Author(s):  
Amy L. Freedman
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Minority Rights ◽  
Ethnic Violence ◽  
The Political ◽  
Religious Groups ◽  
Minority Communities ◽  
Religious Minorities ◽  
The World ◽  
Opening Up

Chapter five studies the process of successful democratization in Indonesia after 1998. During the transition and consolidation of democracy, Indonesia was rocked by religious and ethnic violence. Despite the levelling off of some kinds of conflict, threats and violence remained high against minority communities in Indonesia, particularly against the Ahmadiyah. Much of the explanation for persisting nature of the violence can be explained by: firstly, the political timidity of elected officials to stand up to religious groups pushing greater intolerance on a range of issues; and secondly, the Ahmadis’ self-identification as Muslims. The Rohingya, as well as Muslims more generally, are scapegoats and viewed as extreme ‘outsiders’ in a society now opening up to the world. The chapter concludes that democratic reforms cannot be considered complete or consolidated until minority rights, human rights more generally, are protected, and that democracy, modernity, and secularism do not necessarily coincide.

Religious Minorities’ Rights in the Iranian Constitution of 1906 and the Constitution of the Islamic Republic of Iran

2020 ◽  
Vol 21 (2) ◽  
pp. 298-325
Author(s):  
Alireza Najafinejad ◽  
Masoumeh Rad Goudarzi
Keyword(s):  
Human Rights ◽  
Major Part ◽  
Minority Rights ◽  
Fundamental Rights ◽  
Iranian Population ◽  
Islamic Republic ◽  
Religious Minorities ◽  
Islamic Republic Of Iran ◽  
Constitutional Revolution ◽  
Made In

Abstract Although Christian, Jewish, and Zoroastrian minorities form less than two per cent of the Iranian population, the recognition of their official rights and the institutionalised legal discrimination against them has been a matter of a long conflict between minority rights activists and Muslim jurists since the Constitutional Revolution in 1905. The major part of this controversy relates to the assumed status of non-Muslims in traditional Shi’a jurisprudence. The present study examines and assesses the recognised status and rights of religious minorities in the two constitutions of 1906 and 1979 and their development. Although, due to the formation of new recitations in Shi’a jurisprudence, some changes have been made in identifying the fundamental rights of religious minorities, the domination of the general spirit of the rulings in Shi’a jurisprudence in the formulation of both constitutions means there is still a long way to go before recognising equal human rights for all.

The Legal Protection of Minorities from International Law and Arab Mashreq Perspectives

2020 ◽  
Vol 27 (3) ◽  
pp. 555-579
Author(s):  
Jamal Barafi ◽  
Nael Georges
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Legal Protection ◽  
Minority Rights ◽  
Objective Analysis ◽  
Religious Minorities ◽  
International Protection ◽  
Protection Of Human Rights ◽  
International Instruments

The international protection of human rights, including those of religious minorities, has mainly developed through instruments adopted under the framework of the United Nations. After clarifying the concept of minorities, this article focuses on the legal protection of minority rights, particularly of religious minorities, under international instruments. It sheds light on the participation of Arab Mashreq states in the preparation of these instruments, in terms of their position in the elaboration of the instruments, and their multiple reservations. It offers an objective analysis of the issue of religious minorities in the Arab Mashreq region, and the necessity to respect their rights fully in order to build democracy and states of citizenship.

Development and Institutionalisation of Romani Representation and Administration. Part 1

2004 ◽  
Vol 32 (3) ◽  
pp. 599-629 ◽  
Author(s):  
Ilona Klímová-Alexander
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Group Membership ◽  
Minority Rights ◽  
Eastern Bloc ◽  
Ethnic Conflicts ◽  
Council Of Europe ◽  
Religious Minorities ◽  
Universal Human Rights ◽  
Multicultural States

The post-1989 rise of ethnic conflicts in the former Eastern Bloc have led to the renewed salience of minority rights and their prominence in international relations. The 1990s witnessed a proliferation of legal instruments and offices dedicated to minority rights at the intergovernmental level (mainly within the Organisation for Security and Cooperation in Europe, Council of Europe, but also the United Nations). After decades of arguing that rights of persons belonging to national, ethnic or religious minorities can be sufficiently ensured within the framework of universal human rights, attributed to individuals regardless of group membership, liberal political theorists (most notably Will Kymlicka) have started to advocate the need to supplement these traditional human rights with minority rights (meaning certain group-differentiated rights or “special status” for minority cultures) in order to ensure justice in multicultural states.

Minority Rights, Democracy and Development: The African Experience

2008 ◽  
Vol 15 (4) ◽  
pp. 489-503 ◽  
Author(s):  
Kwadwo Appiagyei-Atua
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Good Governance ◽  
Minority Rights ◽  
Disadvantaged Groups ◽  
African Experience ◽  
The Creation ◽  
Market Democracy ◽  
The Relationship

AbstractThe article contends that in spite of recent attempts to marry human rights to development, the marriage remains one of convenience, and to the inconvenience of disadvantaged groups, particularly indigenous peoples who are the focus of discussion. The author further contends that contrary to the claim that the relationship between rights and development were non-existent to begin with, there was such recognition. In the context of promoting effective minority rights which lies at the heart of peace and stability in Africa, a re-visioning of the relationship between rights, democracy and development in Africa is suggested which challenges the current notions of “market democracy,” “good governance” and “liberal international orthodoxy”. The analysis tackles ways in which effective promotion of minority rights can be realised, based on a cultural relativist perspective. The paper finally proposes the creation of a distinct Protocol or Charter on Minority Peoples in Africa to better serve their peculiar needs and interests.

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