Religion, Human Rights and International Law

A Critical Examination of Islamic State Practices

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Editors: Javaid Rehman and Susan Breau
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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Biographical Note

Javaid Rehman is a Professor of International Law and Director of Research, Brunel Law School, Brunel University, London. His specialist research interests include Islamic Law, minority rights and international terrorism. He is a member of the International Law Association (ILA) Committee on International Law and Islamic Law and is a member of the UK branch of the ILA.

Susan C. Breau is a Reader in Law at the School of Law, University of Surrey. She was formerly Dorset Fellow in Public International Law at the British Institute of International and Comparative Law, London. She was awarded her doctorate in International Law from the London School of Economics and Political Science in 2003 for her research into humanitarian intervention. Her research interests are in the areas of the law of armed conflict, international organizations law and the International Protection of Human Rights. She is a member of the Bar of Ontario and is an Adjunct Associate Professor at the Royal Military College of Canada.

Table of 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.

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