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 THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW

2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Criminal Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Legal Procedures ◽  
Made In

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.

scholarly journals Democracy and the Preservation of Minority Identity: Fragmentation within the European Human Rights Framework

2017 ◽  
Vol 24 (3) ◽  
pp. 205-228
Author(s):  
Stephanie E. Berry
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Council Of Europe ◽  
International Human Rights ◽  
Minority Identity ◽  
European Court ◽  
International Human ◽  
Different Origins ◽  
Historical Origins ◽  
Institutional Fragmentation

The international human rights (ihr) and international minority rights (imr) regimes have very different origins. However, the two regimes converged in the 20th century, and imr are now understood to be a sub-regime of ihr. This article argues that the different historical origins of the two regimes impact how actors within each regime interpret their mission, and have resulted in institutional fragmentation within the Council of Europe. The mission of the European Court of Human Rights is the promotion and protection of democracy, whereas the Advisory Committee to the Framework Convention for the Protection of National Minority’s mission is the preservation of minority identity. In practice, this has led to conflicting interpretations of multi-sourced equivalent norms. It is suggested that inter-institutional dialogue provides an avenue through which these conflicting interpretations can be mediated.

Colonialism

2017 ◽  
Author(s):  
Sarah Eltantawi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
British Colonialism ◽  
International Human Rights ◽  
International Human ◽  
Sokoto Caliphate ◽  
Human Rights Standards

This chapter delves into Nigeria’s experience with British colonialism, which culminated in the death of the Sokoto Caliphate in 1903. The chapter opens with pro-1999 shari’ah proponents reflecting on how they understand this experiment to redeem the trauma and rupture Nigerian’s suffered under colonialism. These pro-shari’ah proponents also understand international human rights standards as a form of neo-colonialism and take pride in opposing them. The chapter ends by showing how the British declaration of the “Native Courts Proclamation” in 1903 whereby stoning was outlawed exacerbated Nigerian tensions, as stoning was never practiced in Nigeria before this point. Therefore the declaration was considered an attack on Islamic law itself, called “legal warfare.”

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

Law and Religion in Indonesia: The Constitutional Court and the Blasphemy Law

2011 ◽  
Vol 7 ◽  
pp. 1-46 ◽  
Author(s):  
Melissa A. Crouch
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Constitutional Court ◽  
Criminal Offence ◽  
International Human Rights ◽  
Religious Minorities ◽  
International Human ◽  
The Relationship

AbstractA growing number of religious minorities have been prosecuted for the criminal offence of ‘insulting a religion’, specifically Islam, in Indonesia. Both local and international human rights organisations have condemned the perceived misuse of what is widely referred to in Indonesia as the ‘Blasphemy Law’. This article will analyse the application for judicial review of the Blasphemy Law, which was submitted to the Indonesian Constitutional Court in 2009. It will critique the various submissions made to the court and analyse the historic decision of the judiciary, which upheld the validity of the Blasphemy Law. In doing this, it will explore how the relationship between law and religion, particularly Islam, has been debated, negotiated and articulated in democratic Indonesia

scholarly journals Reconciliation between the Islamic Human Rights and International Law: Prospects and Complications

2019 ◽  
Vol 6 (4) ◽  
pp. 609
Author(s):  
Siamak Karamzadeh ◽  
Massoud Alizadeh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Historical Aspect ◽  
Historical Fact ◽  
International Human ◽  
Human Rights Norms ◽  
The Relationship

The relationship between International Human Rights and Islamic Law has been always an arguable debate at the international level. This issue can be considered by jurists in two aspects. First, from National Law perspective, especially in the countries in which the law, to some extent is affected by Islamic rules. Second, by view of International Law to see that to what extent, there would be compatibility or likely contradiction between human rights norms and Islamic Law.Considering the historical aspect of the issue, this article is suggesting that although from the outset, International Law tried to separate religion from policy, but this historical fact would not prevent theoretical conciliation between religion and Human Rights rules. The review of the content of International Human Rights Law reveals that the rules in the systems in most part are compatible. However, in some cases the incompatibility between these two group pf rules is observed. The existence of different basis under Islamic Law and International Law makes the least difference unavoidable. The constant dialogue between Islamic scholars and publicists can decrease this difference in future.

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