Accommodating Religious Identities in an Islamic State: International Law, Freedom of Religion and the Rights of Religious Minorities*

2017 ◽  
pp. 571-597
Author(s):  
Javaid Rehman
Keyword(s):  
International Law ◽  
Freedom Of Religion ◽  
Islamic State ◽  
Religious Identities ◽  
Religious Minorities

Accommodating Religious Identities in an Islamic State: International Law, Freedom of Religion and the Rights of Religious Minorities

2000 ◽  
Vol 7 (2) ◽  
pp. 139-165 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Domestic Politics ◽  
Freedom Of Religion ◽  
Islamic State ◽  
Religious Identities ◽  
Religious Minorities ◽  
The Subject

AbstractThis article examines the controversial and divisive issues of freedom of religion and the rights of religious minorities. A major stumbling-block in attaining a consensus on the subject has been the attitude of certain states which purport to follow the Sharia. The article however contends that in reality it is possible for Islamic states to find a great measure of compatibility with practices advocated by Western states on issues concerning the rights of religious minorities and religious freedom. Through an investigation of state practices, the paper concludes that the causes of the existing inconsistencies are embedded not in the Islamic system of governance (which these states are claiming to follow) but in domestic politics and constitutional inadequacies.

Beyond Religious Freedom

2015 ◽  
Author(s):  
Elizabeth Shakman Hurd
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Nation Building ◽  
Global Politics ◽  
Power Dynamics ◽  
Religious Tolerance ◽  
Religious Minorities ◽  
Religious Difference ◽  
Power Difference ◽  
Ways Of Being

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. This book argues that these initiatives create the very social tensions and divisions they are meant to overcome. It looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. It shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between “expert religion,” “governed religion,” and “lived religion,” the book charts new territory in the study of religion in global politics. The book provides new insights into today's most pressing dilemmas of power, difference, and governance.

scholarly journals EU Law’s Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 830
Author(s):  
Kristin Henrard
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Freedom Of Religion ◽  
Human Beings ◽  
Special Issue ◽  
Religious Minorities ◽  
Definition Of ◽  
Special Rights ◽  
The Relationship ◽  
The Eu

This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and most extensive section zooms in on the EU and religious minorities, starting with an account of the EU’s general approach towards minorities and then turning to the protection of fundamental rights of religious minorities in/through the EU legal order. First, the EU’s engagement with minority specific rights and the extent to which these norms have been attentive to religious themes will be discussed. Second, the CJEU’s case law concerning freedom of religion and the prohibition of dis-crimination as general human rights is analysed. The conclusion then turns to the overall perspective and discusses whether the EU’s protection of religious minorities’ fundamental rights can be considered ‘half-hearted’ and, if so, to what extent. This in turn allows us to return to the overall focus of the Special Issue, namely the relationship between the freedom of religion for all and special rights for religious minorities.

scholarly journals Religious Identity and National Conflict in the 20th Century Indonesia

2017 ◽  
Vol 2 (3) ◽  
pp. 303
Author(s):  
Andreas Jonathan
Keyword(s):  
National Identity ◽  
Religious Identity ◽  
Critical Analysis ◽  
National Identities ◽  
Islamic State ◽  
Religious Identities ◽  
The Past ◽  
Religious Nation ◽  
Role Of Religion

This study attempts to discuss on how religious identities contribute to or was in conflict with the emerging national identities, with focusing issue on the struggle of Islam in its relation to Indonesian identity as a multi-religious nation and Pancasila state. Based on the critical analysis from the various literature, the result of the study showed that Islam did both contribute and was in conflict with the Indonesian national identity. The Islamist fights for the Islamic state, the nationalist defends Pancasila state. As long as Islam is the majority in Indonesia and as long as there is diversity in Islam, especially in the interpretation of Islam and the state, Indonesian national identity will always be in conflict between Pancasila state and Islamic state. Even though, the role of religion in society and nation change is very significant. The Islamist is always there, although it is not always permanent in certain organizations. In the past, NU and Muhammadiyah were considered as Islamist, but today they are nationalist. At the same time, new Islamist organizations and parties emerge to continue their Islamist spirit. Keywords: Islam, Religious identity, Pancasila, 

Secularism and Multiculturalism in India: Some Reflections

2017 ◽  
Author(s):  
Rochana Bajpai
Keyword(s):  
Religious Pluralism ◽  
Religious Diversity ◽  
Cultural Identities ◽  
Hindu Nationalism ◽  
Religious Identities ◽  
Religious Minorities ◽  
Religious Traditions ◽  
Political Debates ◽  
The World ◽  
History Of

What role does secularism have in the governance of religious diversity in an age marked by the assertion of religio-cultural identities across the world? India, with its long history of religious pluralism, a state ideology of secularism, and the ascendancy of Hindu nationalism, is a key site for examining the disposition of secularism towards religious identities and diversity. Secularism and multiculturalism are often seen as opposed in political debates involving religious minorities, notably the well-known French headscarf case. Several scholars have suggested that religious traditions offer better resources for toleration than modern secularism (for India, see, for example, Madan 1998: 316; Nandy 1998:336–7). Others, more sympathetic to secularism, have also suggested that it may be deficient in the normative resources required for the accommodation of religious practices, particularly in the case of minorities (Mahajan, this volume; Modood 2010).

“The World Forgot Us and Europe Doesn’t Want Us”

2020 ◽  
pp. 215-238
Author(s):  
Thomas Schmidinger
Keyword(s):  
Living Conditions ◽  
Military Force ◽  
Internally Displaced Persons ◽  
Islamic State ◽  
Religious Groups ◽  
Religious Minorities ◽  
Small Communities ◽  
Internally Displaced ◽  
The World ◽  
History Of

When the so-called “Islamic State” (IS) attacked Iraq’s Nineveh Governorate, the region’s religious minorities became victims of genocide and displacement. This chapter focuses on the region of Sinjar (Kurdish: Şingal) and the displacement of the Yazidi (Kurdish: Êzîdî) along with other religious minorities living there. The displacement of these groups directly resulted from their vulnerability as religious minorities. IS targeted them as religious minorities, and their current problems as internally displaced persons (IDPs) also resulted from their status as relatively small communities without a historically strong political lobby or military force. This chapter analyzes the living conditions and political framework in which these IDPs and refugees must survive and presents their personal perspectives from inside and outside of Iraq. Interviews were centered on the following questions: What conditions prevent Yazidi, Christians, and other groups from returning to Sinjar? What are their perspectives on building a future in the region? What would they need in order to return and rebuild their homes? And how do the displaced adherents of the different religious groups interpret the 2014 genocide within a longer history of perceived genocidal acts against religious minorities in the area?

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