Abstract This paper examines the neo-colonial project of Narendra Modi implemented in Kashmir after the revocation of special status on August 5, 2019. The neo-colonial infrastructure supported by the threads of re-classification of legal residents and land designations intends to significantly transform the demography of Muslim majority Kashmir into a Muslim minority, consequently destroying the Muslim identity of the state. The abrogation of Article 370 and enactment of new domicile law has extended the legal and administrative control of New Delhi, making Kashmir indistinguishable from the Indian legal system and leaving no room for the local legislative assembly to make laws beneficial for the state residents. The paper asks how India is implementing the neo-colonial settler agenda in Kashmir. How and to what extent legal and military instruments are employed to disempower Kashmiris from territorial and cultural identity? The paper argues that Prime Minister Narendra Modi is pursuing a neo-colonial settler agenda in Kashmir through ‘ destroy and replace ,’ which is supported by the neo-liberal agenda, including; new land management policy, new domicile law, spatial planning and development, new settlements of Hindus, authoritative central control, and massive militarization to carry out gross human rights abuses and repression.
{"title":"From Abrogation to Dominion: Navigating India’s Neo-Colonial Settler Agenda in Kashmir and Elimination of Kashmiri Identity","authors":"Mehmood Hussain","doi":"10.1515/mwjhr-2023-0006","DOIUrl":"https://doi.org/10.1515/mwjhr-2023-0006","url":null,"abstract":"Abstract This paper examines the neo-colonial project of Narendra Modi implemented in Kashmir after the revocation of special status on August 5, 2019. The neo-colonial infrastructure supported by the threads of re-classification of legal residents and land designations intends to significantly transform the demography of Muslim majority Kashmir into a Muslim minority, consequently destroying the Muslim identity of the state. The abrogation of Article 370 and enactment of new domicile law has extended the legal and administrative control of New Delhi, making Kashmir indistinguishable from the Indian legal system and leaving no room for the local legislative assembly to make laws beneficial for the state residents. The paper asks how India is implementing the neo-colonial settler agenda in Kashmir. How and to what extent legal and military instruments are employed to disempower Kashmiris from territorial and cultural identity? The paper argues that Prime Minister Narendra Modi is pursuing a neo-colonial settler agenda in Kashmir through ‘ destroy and replace ,’ which is supported by the neo-liberal agenda, including; new land management policy, new domicile law, spatial planning and development, new settlements of Hindus, authoritative central control, and massive militarization to carry out gross human rights abuses and repression.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134993654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-01DOI: 10.1515/mwjhr-2023-frontmatter1
{"title":"Frontmatter","authors":"","doi":"10.1515/mwjhr-2023-frontmatter1","DOIUrl":"https://doi.org/10.1515/mwjhr-2023-frontmatter1","url":null,"abstract":"","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136354295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This paper employs Critical Discourse Analysis to examine resistance discourses as created by the Ahmadiyya followers – a self-defined sect of Islam – to argue against negative discourses undermining them in Indonesia. In some legal proclamations and statements delivered by state officials and the representatives of majority Muslims in the country, the followers of the sect, especially those affiliated to the JAI (Jemaat Ahmadiyya Indonesia) are excluded from Islamic community. By using Van Dijk’s ideological square, this study aims at identifying resistance discourses created by the JAI followers as the defence strategies to oppose negative discourses presenting them as the non-believers of Islam. The resistance discourses are apparent in both written and spoken texts, such as books, articles, speeches, and public debates created by the sect. The finding reveals that the JAI followers create discourses of victim, defender of Islam, imperialism, illegitimacy, and discourse of public deception using various discourse strategies namely victimization, scare tactics, positive attribution, quotation, power delegitimising and negative portraits of misbehaving.
{"title":"Defending ‘Islamic Belief’ Against Discrimination: Religious Minority Group Discourse in Indonesia","authors":"A. Irawan, Andi Syurganda, Zul Afdal","doi":"10.1515/mwjhr-2023-0004","DOIUrl":"https://doi.org/10.1515/mwjhr-2023-0004","url":null,"abstract":"Abstract This paper employs Critical Discourse Analysis to examine resistance discourses as created by the Ahmadiyya followers – a self-defined sect of Islam – to argue against negative discourses undermining them in Indonesia. In some legal proclamations and statements delivered by state officials and the representatives of majority Muslims in the country, the followers of the sect, especially those affiliated to the JAI (Jemaat Ahmadiyya Indonesia) are excluded from Islamic community. By using Van Dijk’s ideological square, this study aims at identifying resistance discourses created by the JAI followers as the defence strategies to oppose negative discourses presenting them as the non-believers of Islam. The resistance discourses are apparent in both written and spoken texts, such as books, articles, speeches, and public debates created by the sect. The finding reveals that the JAI followers create discourses of victim, defender of Islam, imperialism, illegitimacy, and discourse of public deception using various discourse strategies namely victimization, scare tactics, positive attribution, quotation, power delegitimising and negative portraits of misbehaving.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41389430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract While there are legal regulations prohibiting smoking in indoor areas in Turkey, there is none for outdoor areas. Many non-smokers are exposed to environmental tobacco smoking against their will in Turkey. Numerous research efforts have documented the fact that environmental tobacco smoke poses risks to human health because it pollutes the environment by releasing dangerous chemicals into the air that non-smokers breathe. This means that tobacco smoking poses risks to a safe environment and people’s lives. People have a right to the environment, as guaranteed by the Turkish Constitution. Since Stockholm Declaration, many countries have recognized that people have a right to a safe environment or that a safe environment is essential to the enjoyment of human rights, including Turkey. However, how non-smokers perceive of the impacts of environmental tobacco smoke on the enjoyment of the right to the environment enshrined within the Turkish legal system has not been studied to date. Accordingly, this research aims to explore how issues relating to environmental tobacco smoke can be approached from an environmental human rights perspective. To achieve this purpose, a qualitative case study was conducted in Istanbul. The results of this analysis show that non-smokers do not enjoy the right to the clean environment guaranteed by the Turkish Constitution due to the ETS.
{"title":"An Environmental Human Rights Approach to Environmental Tobacco Smoking","authors":"E. Akyuz","doi":"10.1515/mwjhr-2022-0024","DOIUrl":"https://doi.org/10.1515/mwjhr-2022-0024","url":null,"abstract":"Abstract While there are legal regulations prohibiting smoking in indoor areas in Turkey, there is none for outdoor areas. Many non-smokers are exposed to environmental tobacco smoking against their will in Turkey. Numerous research efforts have documented the fact that environmental tobacco smoke poses risks to human health because it pollutes the environment by releasing dangerous chemicals into the air that non-smokers breathe. This means that tobacco smoking poses risks to a safe environment and people’s lives. People have a right to the environment, as guaranteed by the Turkish Constitution. Since Stockholm Declaration, many countries have recognized that people have a right to a safe environment or that a safe environment is essential to the enjoyment of human rights, including Turkey. However, how non-smokers perceive of the impacts of environmental tobacco smoke on the enjoyment of the right to the environment enshrined within the Turkish legal system has not been studied to date. Accordingly, this research aims to explore how issues relating to environmental tobacco smoke can be approached from an environmental human rights perspective. To achieve this purpose, a qualitative case study was conducted in Istanbul. The results of this analysis show that non-smokers do not enjoy the right to the clean environment guaranteed by the Turkish Constitution due to the ETS.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46128178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This research explains the comparison of regulations on mosque loudspeakers between Indonesia and Muslim countries in the world. Guidelines for the use of mosque loudspeakers in Indonesia are regulated in the Instruction of the Director-General of Islamic Community Guidance at the Ministry of Religious Affairs Number 101 of 1978 concerning Guidance on the Use of Loudspeakers in Mosques and Musala and the Circular Letter of the Minister of Religion Number 5 of 2022 concerning Guidelines for the Use of Loudspeakers in Mosques and Musala. Primary data of this study includes the 1978 Instructions and the 2022 Circular Letters. Secondary data is obtained from relevant literature sources and regulations on the use of mosque loudspeakers in several Muslim countries in the world, namely Saudi Arabia, Turkey, Syria, Bahrain, United Arab Emirates, Egypt, and Malaysia. This research finds the concept of moderation of regulations on mosque loudspeakers in Indonesia. The findings of this research can be used as a guide model for drafting the contents of mosque loudspeaker regulations in several Muslim countries around the world by relying on three moderate aspects regarding the rules of time (public morals), volume (public health), and sound quality of mosque loudspeakers (public convenience).
{"title":"Moderation between Religious Freedom and Harmony Concerning the Regulation on Mosque Loudspeaker: Comparison between Indonesia and Other Muslim Countries","authors":"Waryani Fajar Riyanto","doi":"10.1515/mwjhr-2022-0029","DOIUrl":"https://doi.org/10.1515/mwjhr-2022-0029","url":null,"abstract":"Abstract This research explains the comparison of regulations on mosque loudspeakers between Indonesia and Muslim countries in the world. Guidelines for the use of mosque loudspeakers in Indonesia are regulated in the Instruction of the Director-General of Islamic Community Guidance at the Ministry of Religious Affairs Number 101 of 1978 concerning Guidance on the Use of Loudspeakers in Mosques and Musala and the Circular Letter of the Minister of Religion Number 5 of 2022 concerning Guidelines for the Use of Loudspeakers in Mosques and Musala. Primary data of this study includes the 1978 Instructions and the 2022 Circular Letters. Secondary data is obtained from relevant literature sources and regulations on the use of mosque loudspeakers in several Muslim countries in the world, namely Saudi Arabia, Turkey, Syria, Bahrain, United Arab Emirates, Egypt, and Malaysia. This research finds the concept of moderation of regulations on mosque loudspeakers in Indonesia. The findings of this research can be used as a guide model for drafting the contents of mosque loudspeaker regulations in several Muslim countries around the world by relying on three moderate aspects regarding the rules of time (public morals), volume (public health), and sound quality of mosque loudspeakers (public convenience).","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49628944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Religious freedoms of minorities in Muslim-majority countries such as Pakistan are compromised due to structural issues as well as social and historical concerns. For instance, the abuse of the blasphemy law has led to minority communities facing threats and violence. And in a country where religious scholars are often absent from, if not against, discourses about human rights, the religious rights of minorities remain a secular and hence culturally unsound discourse. There is thus a need for two parallel movements. One, an awareness within Muslim communities about the need to engage with religious freedoms, and hence the modern human rights regime, as an essentially Islamic process requiring reform from within. And two, the human rights structure also giving religion its due since religious freedoms are part of, and engender, many other rights as well. In this article, a case is made for this dual process, by exploring the work of scholars of Islam such as Abdullahi An-Na’im and Khaled Abou El Fadl as well as the insecurities of religious scholars in Pakistan who have reacted to human rights as a western agenda.
在巴基斯坦等穆斯林占多数的国家，由于结构性问题以及社会和历史问题，少数民族的宗教自由受到损害。例如，亵渎法的滥用导致少数民族社区面临威胁和暴力。在一个宗教学者经常缺席(如果不是反对的话)关于人权的论述的国家，少数民族的宗教权利仍然是一个世俗的，因此在文化上是不健全的论述。因此需要两个平行的运动。其一，穆斯林社区意识到需要参与宗教自由，因此现代人权制度，作为一个本质上需要从内部改革的伊斯兰进程。第二，人权结构也给予宗教应有的权利，因为宗教自由也是许多其他权利的一部分，并由此产生。本文探讨了阿卜杜拉希·安纳伊姆(Abdullahi An-Na 'im)和哈立德·阿布·法德尔(Khaled Abou El Fadl)等伊斯兰学者的工作，以及巴基斯坦宗教学者的不安全感，探讨了这一双重过程。这些学者将人权视为西方议程。
{"title":"Prioritizing Religious Freedoms: Islam, Pakistan, and the Human Rights Discourse","authors":"M. Sajjad","doi":"10.1515/mwjhr-2023-0005","DOIUrl":"https://doi.org/10.1515/mwjhr-2023-0005","url":null,"abstract":"Abstract Religious freedoms of minorities in Muslim-majority countries such as Pakistan are compromised due to structural issues as well as social and historical concerns. For instance, the abuse of the blasphemy law has led to minority communities facing threats and violence. And in a country where religious scholars are often absent from, if not against, discourses about human rights, the religious rights of minorities remain a secular and hence culturally unsound discourse. There is thus a need for two parallel movements. One, an awareness within Muslim communities about the need to engage with religious freedoms, and hence the modern human rights regime, as an essentially Islamic process requiring reform from within. And two, the human rights structure also giving religion its due since religious freedoms are part of, and engender, many other rights as well. In this article, a case is made for this dual process, by exploring the work of scholars of Islam such as Abdullahi An-Na’im and Khaled Abou El Fadl as well as the insecurities of religious scholars in Pakistan who have reacted to human rights as a western agenda.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42290526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Hate speech (‘al-jahr bi’-sūʾ min al-qawl in the Qur’anic description) continues to be the subject of contentious debate. Arguably, the notion of “unregulated speech” in the liberal discourse encourages hate speech on the pretext of “defending” the right to freedom of speech. Islam recognises human dignity as the underlying basis of all human rights and freedoms, including the right to freedom of speech. Here arise two core questions. First, is freedom of speech and expression an absolute right or has Islam imposed certain conditions on the human agency while this right is exercised? Second, what do these conditions concerning freedom of speech imply about the regulation of hate speech? I approach these questions by beginning with the introduction of karamah principle followed by an overview of theoretical conceptualisations of free speech in the Western context. Finally, the Islamic position on the subject is brought forth through the conceptual analysis of relevant Islamic texts. The article draws three conclusions. First, human dignity is the intrinsic condition that surpasses all rights and freedoms. Second, the idea of “unregulated speech” is controversial and has been a reason for harming human dignity and making the public discourse inimical to social order. Third, there should be a legal, moral and rational reconciliation between exercising ‘speech limitations’ and ‘free speech’ to ensure sustainable peace and social cohesion.
{"title":"“Dignity Embodies Duty”: Islamic Perspective on Combating “Hate Speech”","authors":"B. A. Malik","doi":"10.1515/mwjhr-2022-0003","DOIUrl":"https://doi.org/10.1515/mwjhr-2022-0003","url":null,"abstract":"Abstract Hate speech (‘al-jahr bi’-sūʾ min al-qawl in the Qur’anic description) continues to be the subject of contentious debate. Arguably, the notion of “unregulated speech” in the liberal discourse encourages hate speech on the pretext of “defending” the right to freedom of speech. Islam recognises human dignity as the underlying basis of all human rights and freedoms, including the right to freedom of speech. Here arise two core questions. First, is freedom of speech and expression an absolute right or has Islam imposed certain conditions on the human agency while this right is exercised? Second, what do these conditions concerning freedom of speech imply about the regulation of hate speech? I approach these questions by beginning with the introduction of karamah principle followed by an overview of theoretical conceptualisations of free speech in the Western context. Finally, the Islamic position on the subject is brought forth through the conceptual analysis of relevant Islamic texts. The article draws three conclusions. First, human dignity is the intrinsic condition that surpasses all rights and freedoms. Second, the idea of “unregulated speech” is controversial and has been a reason for harming human dignity and making the public discourse inimical to social order. Third, there should be a legal, moral and rational reconciliation between exercising ‘speech limitations’ and ‘free speech’ to ensure sustainable peace and social cohesion.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46568180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Noura Erakat: Justice for Some: Law and the Question of Palestine","authors":"M. Saidin","doi":"10.1515/mwjhr-2022-0017","DOIUrl":"https://doi.org/10.1515/mwjhr-2022-0017","url":null,"abstract":"","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45322322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Retraction of: A UPR Perspective on Capital Punishment and the Kingdom of Saudi Arabia","authors":"Amna Nazir","doi":"10.1515/mwjhr-2022-2001","DOIUrl":"https://doi.org/10.1515/mwjhr-2022-2001","url":null,"abstract":"","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42435550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The Universal Periodic Review (UPR), established in 2006, has been hailed as an innovative mechanism of the United Nations’ Human Rights Council. The peer review mechanism assesses the human rights records of all UN Member States and provides recommendations to further the global promotion and protection of human rights. This article provides an analysis of the Kingdom of Saudi Arabia’s third UPR in 2018 with a specific focus on the State’s use of capital punishment. It explores the challenges faced by the UPR and issues recommendations to foster meaningful discourse, in the international community, to protect the right to life and engender change at the domestic level.
{"title":"A UPR Perspective on Capital Punishment and the Kingdom of Saudi Arabia","authors":"Amna Nazir","doi":"10.1515/mwjhr-2022-0015","DOIUrl":"https://doi.org/10.1515/mwjhr-2022-0015","url":null,"abstract":"Abstract The Universal Periodic Review (UPR), established in 2006, has been hailed as an innovative mechanism of the United Nations’ Human Rights Council. The peer review mechanism assesses the human rights records of all UN Member States and provides recommendations to further the global promotion and protection of human rights. This article provides an analysis of the Kingdom of Saudi Arabia’s third UPR in 2018 with a specific focus on the State’s use of capital punishment. It explores the challenges faced by the UPR and issues recommendations to foster meaningful discourse, in the international community, to protect the right to life and engender change at the domestic level.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45279169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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