scholarly journals Minority Muslims and freedom of religion: Learning from Australian Muslims’ Experiences

2019 ◽  
Vol 9 (2) ◽  
pp. 295-326
Author(s):  
Syamsul Arifin ◽  
Hasnan Bachtiar ◽  
Ahmad Nur Fuad ◽  
Tongat Tongat ◽  
Wahyudi Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Minority Group ◽  
The State ◽  
Freedom Of Religion ◽  
Religious Discrimination ◽  
Life Activity ◽  
State Administrators ◽  
Societal Context ◽  
The Right

This paper aims to examine the position of ummah while Muslims are living as minority in Australia. This paper argues that Australia as a secular and multicultural state has supported the development of ummah. There are some reasons to deal with this argument: first, the state consistently protects, respects and fulfils the right to the freedom of religion of all citizens because it ratified some international human rights documents; second, the state administrators have shown their professionalism in their daily life activity in terms of implementing the state law enforcement; third, although there are minor cases of religious discrimination that have been imposed by a minority group of fundamentalist Christian, they can be mitigated through the larger involvements of Muslims in the process of social development such as organising interreligious dialogues, discussions on religious tolerance, which significantly has been conditioned by the societal context of multiculturalism in Australia; fourth, a Muslim intellectual in Australia is totally pro-human rights.

scholarly journals DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA

2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Universal Declaration ◽  
Cultural Relativism ◽  
The Other ◽  
Freedom Of Religion ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Cultural Relativity ◽  
The Right

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.

scholarly journals Urgency of the Right to Recognition for Identity’s Belief as A Part of Human Rights

2018 ◽  
Vol 4 (3) ◽  
pp. 296
Author(s):  
Winda Wijayanti
Keyword(s):  
Human Rights ◽  
Public Participation ◽  
The State ◽  
Constitutional Rights ◽  
State Administrators ◽  
Identity Card ◽  
Qualitative Descriptive ◽  
The Right

The right of recognition a belief is one of the basic human rights set forth in the Constitution. Population Administration Act as the executor of the constitutional mandate does not regulate of information column’s ”Belief” in an identity card (KTP-el) or a blank religion is a legal vacuum. Many debates occurred during the discussion and after the enactment of the Population Administration Act that only regulates the administration of population and issues between Religion and Belief as being very sensitive so that discussion of belief is considered not the domain of the Population Administration Act. Then, the absence of public participation in discussion of amendment Population Administration Act as a form of non-recognition of the existence of Believer in regulation. The problem is no rule for public participation in Population Administration Act. In fact, this paper used a normative juridical approach, with qualitative descriptive about debate of the Administration Population Act (DPR) to find out the urgency of the right to recognition for identity’s Belief through KTP-el. The result showed that inclusion of information column’s “Belief” is an entrance (gate) for the state's recognition of the people’s belief and their constitutional rights attached to it. Not only through words, but the recognition of the state through the State Administrators is manifested by legislation and communication (dialogue) between state and its citizens to remove all the existing attributes with equally, parallel, and continuously.

scholarly journals An Empirical Investigation of the Use of Limitations to Freedom of Religion or Belief at the European Court of Human Rights

2020 ◽  
Vol 15 (1-2) ◽  
pp. 96-133
Author(s):  
Thiago Alves Pinto
Keyword(s):  
Human Rights ◽  
Empirical Investigation ◽  
The State ◽  
Freedom Of Religion ◽  
High Threshold ◽  
Legal Certainty ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right

Abstract Most literature on freedom of religion or belief argues that there should be a high threshold for the imposition of limitations to the manifestation of the right. However, the practice of the European Court of Human Rights shows that the bar is much lower than academics suggest. This article explores this issue by analysing a plethora of cases and on the basis of interviews with lawyers connected to the Court. While the Court often considers the requirements of legality, legitimacy, and necessity, it does so briefly; focusing mostly on the analysis of proportionality and the margin of appreciation to the State in question. This approach makes the decisions exceedingly subjective and leads to little legal certainty in the area. Therefore, it is suggested that if the Court would analyse all criteria to impose limitations strictly, it could become more efficient while providing greater protection for persons to manifest their religion or belief.

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

scholarly journals The right to freedom of religion and the right against religious discrimination: Theoretical distinctions

2019 ◽  
Vol 17 (4) ◽  
pp. 1125-1145
Author(s):  
Tarunabh Khaitan ◽  
Jane Calderwood Norton
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Religious Group ◽  
Freedom Of Religion ◽  
Religious Discrimination ◽  
Religious Groups ◽  
The Right ◽  
Material Advantage

Abstract This article argues that while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. This internal, committed perspective generates a capacious and realistic conception of religious adherence, which reflects the staggering plurality of forms of religiosity (or lack thereof) as extant in contemporary societies. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two rights have distinct normative rationales. Religious freedom is justified by the need to respect our decisional autonomy in matters of religious adherence. The prohibition on religious discrimination is justified by the need to reduce any significant (political, sociocultural, or material) advantage gaps between different religious groups. These differences reveal a complex map of two overlapping, but conceptually distinct, human rights which are not necessarily breached simultaneously.

scholarly journals Transgender viewed from the perspective of positive law, health, and cultures in Indonesia

2021 ◽  
Vol 29 (2) ◽  
pp. 256-268
Author(s):  
Fifik Wiryani ◽  
Nurul Ummah ◽  
Mokhammad Najih ◽  
Muhammad Nasser ◽  
Nur Rohim Yunus
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Minority Group ◽  
The State ◽  
Public Order ◽  
Religious Activities ◽  
Transgender People ◽  
Positive Law ◽  
Serious Disease ◽  
The Right

Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause a serious disease like HIV/AIDS and irritate others due to their existence around them. In a different view, transgender people are recognized by the State that attempts to save them from conflicting thoughts of their existence. To conclude, being transgender is an inner disease existing in an individual. Although it is seen as normal by transgender people, this reality is still seen as discomfort by others.

The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
The State ◽  
Freedom Of Religion ◽  
Holistic Understanding ◽  
The Right

This chapter discusses the underlying principles of freedom of religion or belief. While having its specific features as well as specific areas of application, the right to freedom of religion or belief epitomizes the very same principles which define the human rights approach in general: respect for human dignity, normative universalism, freedom, and equality. Highlighting these principles, which freedom of religion or belief shares with other human rights, is important against the background of a growing perception (or rather: misperception) that freedom of religion or belief allegedly stands in an uneasy relationship to other human rights, in particular freedom of expression or claims of gender emancipation. This chapter presents systematic arguments which underline a holistic understanding of freedom of religion or belief as an indispensable part of human rights in general. In order for the State to fulfil its task as formal guarantor of everyone’s right to freedom of religion or belief without discrimination, an inclusive secular constitution may provide the most suitable conditions.

scholarly journals Al-Mabadi’ Al-Khamsah dan Al-Kulliyah Al-Khams; Sebagai Konsep Penjamin Hak Kebebasan Beragama Berkeyakinan

2021 ◽  
Vol 3 (2) ◽  
pp. 87-97
Author(s):  
Moch. Mukhlison ◽  
Muhammad Isnan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Minority Groups ◽  
The State ◽  
Freedom Of Religion ◽  
The Creation ◽  
The Right

The case of intolerance and restrictions on the right to religious freedom is a never-ending discourse. That is because these cases still occur in Indonesia with such high numbers. In the last five years, data shows an increase in cases of intolerance and restrictions on religious freedom. In this condition, it turns out that the right to freedom of religion and belief has not provided benefits for minority groups. This paper tries to reveal how the rights to freedom of religion and belief are upheld by the norms of Human Rights and the State as the guarantor. This article also tries to reveal that even Islam with the teachings of tolerance and the concept of Al-Mabadi 'Al-Khamsah and Al-Kulliyah Al-Khams provide support for the creation of justice, peace and harmonious relations between humans.

The Teleological Problem

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
Religious Discrimination ◽  
Civil Strife

This chapter deals with the first of three problems that dominate religious litigation, the teleological problem, that is, the problem the courts face of deciding what the primary human rights protections relating specifically to religion are for, what their aim or telos is. Neither with regard to the freedom of religion provisions, nor with regard to the freedom from religious discrimination provisions, is there any real consensus as to what they are aiming to achieve. Are they protecting the vulnerable? Are they to prevent civil strife? Are they another way of protecting minorities? Is there something in the nature of religion that means that these provisions are sui generis? The courts have struggled mightily with these issues, and contrasting approaches are to be found within the courts of the same jurisdictions, between the courts of different jurisdictions, and between courts and organized religions themselves.

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