The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11(1) has never been amended. Indeed, provision in Article 3(1) reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of Islam enshrined in Article 3(1) does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11(4), 11(5) and 10(2) of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960 (ISA), the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality. While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11(1) of the Federal Constitution and Article 5(1) that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims ∗B. Shari’a (Hons) (Malaya), LL.M, Phd in Law (SOAS, London), Lecturer, Centre for Islamic Thought and Understanding (CITU), Universiti Teknologi MARA, Shah Alam, Malaysia (e-mail:mazamadil@hotmail.com). This article is based on a paper presented at the 2nd ASLI Conference, Organised by the Faculty of Law, Chulalongkorn University, Bangkok, 26-27 May
{"title":"Restrictions in Freedom of Religion in Malaysia: A Conceptual Analysis with Special Reference to the Law of Apostasy","authors":"Mohamed Azam Mohamed Adil","doi":"10.2202/1554-4419.1092","DOIUrl":"https://doi.org/10.2202/1554-4419.1092","url":null,"abstract":"The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11(1) has never been amended. Indeed, provision in Article 3(1) reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of Islam enshrined in Article 3(1) does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11(4), 11(5) and 10(2) of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960 (ISA), the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality. While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11(1) of the Federal Constitution and Article 5(1) that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims ∗B. Shari’a (Hons) (Malaya), LL.M, Phd in Law (SOAS, London), Lecturer, Centre for Islamic Thought and Understanding (CITU), Universiti Teknologi MARA, Shah Alam, Malaysia (e-mail:mazamadil@hotmail.com). This article is based on a paper presented at the 2nd ASLI Conference, Organised by the Faculty of Law, Chulalongkorn University, Bangkok, 26-27 May","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1092","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68674576","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}
This essay presents some preliminary thoughts about the linkages between current human rights universalism and the practice of violence in the form of wars and interventions. I draw three parallels that may help us think about the current wars on terror and in Iraq. The first parallel concerns the progress of liberal universalist thought from the Enlightenment period in which a concern for rights coexisted with the justifications for imperialism. In the current era the succeeding line of universalist thought is that of human rights which similarly coexists with the overt and tacit support for violence that deprives some humans of their lives.The second parallel concerns the use of national identity. In the imperial era, the justification for rights either given or withheld was closely linked to constructions of national identity. Similarly, today there is a resurgence of nationalist discourse in which the construction of U.S. national identity is used to justify the violence that is done against Iraqi citizens. This discourse which constructs the U.S. as ontologically civilized and the Iraqis as barbarians is used to justify the violence that is done to them.Finally, the last parallel concerns violence in general. During imperialism, the scrutiny for acts of violence was borne largely by the native. Because he was constructed as a barbarian, his violence was made far more obvious as further evidence of his lesser development. In the present circumstances, a similar scrutiny is borne by the Iraqi insurgent while the violence of the coalition forces remains veiled beneath euphemisms like collateral damage. The torture scandal at Abu-Ghraib presented an opportunity to reverse the gaze but because of its interpretation as an aberration that falls squarely outside the ``normal" and the failure to widen the debate to other violence, this opportunity was largely lost.These three parallels taken together suggest that the old liberal hegemonic order of imperialism with its conflicting narratives of rights and oppression has been carried forward and sublimated into a human rights regime. And human rights is now deployed to justify violence against ``human rights abusers." Because of this continuity, there is a need to create a new universalism born organically from the struggles of subordinated peoples that eliminates old-order imperialist justifications for the oppression of Others while claiming to support human rights.
{"title":"Comprehending \"Our\" Violence: Reflections on the Liberal Universalist Tradition, National Identity and the War on Iraq","authors":"C. Choudhury","doi":"10.2202/1554-4419.1076","DOIUrl":"https://doi.org/10.2202/1554-4419.1076","url":null,"abstract":"This essay presents some preliminary thoughts about the linkages between current human rights universalism and the practice of violence in the form of wars and interventions. I draw three parallels that may help us think about the current wars on terror and in Iraq. The first parallel concerns the progress of liberal universalist thought from the Enlightenment period in which a concern for rights coexisted with the justifications for imperialism. In the current era the succeeding line of universalist thought is that of human rights which similarly coexists with the overt and tacit support for violence that deprives some humans of their lives.The second parallel concerns the use of national identity. In the imperial era, the justification for rights either given or withheld was closely linked to constructions of national identity. Similarly, today there is a resurgence of nationalist discourse in which the construction of U.S. national identity is used to justify the violence that is done against Iraqi citizens. This discourse which constructs the U.S. as ontologically civilized and the Iraqis as barbarians is used to justify the violence that is done to them.Finally, the last parallel concerns violence in general. During imperialism, the scrutiny for acts of violence was borne largely by the native. Because he was constructed as a barbarian, his violence was made far more obvious as further evidence of his lesser development. In the present circumstances, a similar scrutiny is borne by the Iraqi insurgent while the violence of the coalition forces remains veiled beneath euphemisms like collateral damage. The torture scandal at Abu-Ghraib presented an opportunity to reverse the gaze but because of its interpretation as an aberration that falls squarely outside the ``normal\" and the failure to widen the debate to other violence, this opportunity was largely lost.These three parallels taken together suggest that the old liberal hegemonic order of imperialism with its conflicting narratives of rights and oppression has been carried forward and sublimated into a human rights regime. And human rights is now deployed to justify violence against ``human rights abusers.\" Because of this continuity, there is a need to create a new universalism born organically from the struggles of subordinated peoples that eliminates old-order imperialist justifications for the oppression of Others while claiming to support human rights.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2006-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1076","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68674156","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}
This article analyzes, digests, and critiques various facets of the current debate regarding the racial profiling of those in the United States who appear to be Arab and/or Muslim. By dispassionately addressing this debate from a variety of perspectives historical, empirical, and legal - the article specifically examines the fine line between preserving civil rights and civil liberties, while ensuring the security of the American homeland. Following an empirical investigation into the history of racial profiling in the U.S., a legal analysis of the relevant legislation and constitutional standards, and a scientific reporting of the psychological and emotional impact of such profiling tactics, it concludes that the ineffectiveness of racial profiling strongly weighs against its usage and at the very least, discredits many of the arguments put forth in its defense. In reaching this conclusion, I attempt to justify the near-absolute and unqualified preservation of those civil rights and civil liberties that have traditionally defined the American legal system, but which have gradually been eroding in the course of the last five years. As we approach the fifth anniversary of the World Trade Center attacks, this article exposes the ongoing need to re-evaluate the policies and practices put in place in the wake of September 11, 2001.
{"title":"Racial Profiling of Arabs and Muslims in the US: Historical, Empirical, and Legal Analysis Applied to the War on Terrorism","authors":"Chrystie F. Swiney","doi":"10.2202/1554-4419.1053","DOIUrl":"https://doi.org/10.2202/1554-4419.1053","url":null,"abstract":"This article analyzes, digests, and critiques various facets of the current debate regarding the racial profiling of those in the United States who appear to be Arab and/or Muslim. By dispassionately addressing this debate from a variety of perspectives historical, empirical, and legal - the article specifically examines the fine line between preserving civil rights and civil liberties, while ensuring the security of the American homeland. Following an empirical investigation into the history of racial profiling in the U.S., a legal analysis of the relevant legislation and constitutional standards, and a scientific reporting of the psychological and emotional impact of such profiling tactics, it concludes that the ineffectiveness of racial profiling strongly weighs against its usage and at the very least, discredits many of the arguments put forth in its defense. In reaching this conclusion, I attempt to justify the near-absolute and unqualified preservation of those civil rights and civil liberties that have traditionally defined the American legal system, but which have gradually been eroding in the course of the last five years. As we approach the fifth anniversary of the World Trade Center attacks, this article exposes the ongoing need to re-evaluate the policies and practices put in place in the wake of September 11, 2001.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2006-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1053","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68673272","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}
Discourses of race, gender and religion have scripted the terms of engagement in the war on terror. As a result, Muslim feminists and activists must engage with the dual oppressions of Islamophobia that relies on re-vitalized Orientalist tropes and representations of backward, oppressed and politically immature Muslim women as well as religious extremism and puritan discourses that authorize equally limiting narratives of Islamic womanhood and compromise their human rights and liberty. The purpose of this discussion is to examine the way Muslim women have been discursively scripted from these opposing and contradictory spaces, and to explore the negotiations and contestations made by both secular and faith-centred Muslim feminists in combating these oppressive arrangements. In the first part of the discussion, I will draw on post-colonial and anti-racist feminist analyses to map out the complex interactions of race, gender, sexuality and religion in earlier imperial practices of conquest and colonization and examine how the continuing legacies of these encounters implicate the current "war on terror". In the second part of the discussion, I will examine Muslim women's feminist political engagement with and resistance to the concomitant factors of imperial and fundamentalist domination and will craft a better understanding of how these factors variously shape and are shaped by Muslim women's responses to them.
{"title":"Between Orientalism and Fundamentalism: The Politics of Muslim Women's Feminist Engagement","authors":"Jasmin Zine","doi":"10.2202/1554-4419.1080","DOIUrl":"https://doi.org/10.2202/1554-4419.1080","url":null,"abstract":"Discourses of race, gender and religion have scripted the terms of engagement in the war on terror. As a result, Muslim feminists and activists must engage with the dual oppressions of Islamophobia that relies on re-vitalized Orientalist tropes and representations of backward, oppressed and politically immature Muslim women as well as religious extremism and puritan discourses that authorize equally limiting narratives of Islamic womanhood and compromise their human rights and liberty. The purpose of this discussion is to examine the way Muslim women have been discursively scripted from these opposing and contradictory spaces, and to explore the negotiations and contestations made by both secular and faith-centred Muslim feminists in combating these oppressive arrangements. In the first part of the discussion, I will draw on post-colonial and anti-racist feminist analyses to map out the complex interactions of race, gender, sexuality and religion in earlier imperial practices of conquest and colonization and examine how the continuing legacies of these encounters implicate the current \"war on terror\". In the second part of the discussion, I will examine Muslim women's feminist political engagement with and resistance to the concomitant factors of imperial and fundamentalist domination and will craft a better understanding of how these factors variously shape and are shaped by Muslim women's responses to them.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2006-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1080","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68673830","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}
The post-September 11th era has presented immense challenges and disappointing setbacks for the advancement of human rights. Yet, the era has also been marked by complexity, paradoxes and ample opportunities for introspection as events expose contemporary human rights' various weaknesses and contradictions. This article provides an overview of the interplay between the human rights concept's various instrumental appropriations and its more autonomous emancipatory capacity manifested in post-September 11th developments. Instead of an exhaustive examination, the article simply poses and juxtaposes different dimensions and layers of the formidable presence of the human rights idea in post-September 11th developments impacting the Middle East. To this end, it places a particular emphasis on human rights' capacity to simultaneously aid, transcend and confront local and international power structures.The article begins with a discussion of the ways in which American hegemony is both bolstered and challenged through human rights discourses after September 11th. It then turns to the Middle Eastern encounter with human rights amidst the American "War on Terror." It is argued that while widespread Middle Eastern consciousness of American appropriations of human rights foster cynicism about the promise and legitimacy of human rights, post-September 11th dynamics have also resulted in greater Middle Eastern engagement with the human rights concept and international human rights norms. In subsequent sections, the article presents a brief outline of the various challenges and openings presented for human rights advocacy in the last few years followed by a discussion of the renewed imperative for a genuine international human rights dialogue. Throughout the article, examples are presented of how pre-existing human rights geographies and hierarchies ascribing relativism to the East and universalism to the West have been unsettled during this period.
{"title":"Human Rights in the Post-September 11th Era: Between Hegemony and Emancipation","authors":"Shadi Mokhtari","doi":"10.2202/1554-4419.1083","DOIUrl":"https://doi.org/10.2202/1554-4419.1083","url":null,"abstract":"The post-September 11th era has presented immense challenges and disappointing setbacks for the advancement of human rights. Yet, the era has also been marked by complexity, paradoxes and ample opportunities for introspection as events expose contemporary human rights' various weaknesses and contradictions. This article provides an overview of the interplay between the human rights concept's various instrumental appropriations and its more autonomous emancipatory capacity manifested in post-September 11th developments. Instead of an exhaustive examination, the article simply poses and juxtaposes different dimensions and layers of the formidable presence of the human rights idea in post-September 11th developments impacting the Middle East. To this end, it places a particular emphasis on human rights' capacity to simultaneously aid, transcend and confront local and international power structures.The article begins with a discussion of the ways in which American hegemony is both bolstered and challenged through human rights discourses after September 11th. It then turns to the Middle Eastern encounter with human rights amidst the American \"War on Terror.\" It is argued that while widespread Middle Eastern consciousness of American appropriations of human rights foster cynicism about the promise and legitimacy of human rights, post-September 11th dynamics have also resulted in greater Middle Eastern engagement with the human rights concept and international human rights norms. In subsequent sections, the article presents a brief outline of the various challenges and openings presented for human rights advocacy in the last few years followed by a discussion of the renewed imperative for a genuine international human rights dialogue. Throughout the article, examples are presented of how pre-existing human rights geographies and hierarchies ascribing relativism to the East and universalism to the West have been unsettled during this period.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2006-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1083","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68674509","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}
The shroud of secrecy that the American administration has wrapped around Guantanamo Bay creates a kind of Rorschach test of political views that tell us much more about those holding these views than about the prison and interrogation center itself. But for those less interested in political propaganda, a review of statements on Guantanamo in the Arab country of Yemen reveals some interesting contradictions and complexities. Yemeni statements on Guantanamo reflect contemporary tensions in people's conceptions of national sovereignty, the political interests of a weak state in global geopolitics and a developing conception of human rights in an emerging global social modernity.
{"title":"Yemeni Reflections on Guantanamo and American Efforts for Political Reform in the Arab World","authors":"C. Schmitz","doi":"10.2202/1554-4419.1082","DOIUrl":"https://doi.org/10.2202/1554-4419.1082","url":null,"abstract":"The shroud of secrecy that the American administration has wrapped around Guantanamo Bay creates a kind of Rorschach test of political views that tell us much more about those holding these views than about the prison and interrogation center itself. But for those less interested in political propaganda, a review of statements on Guantanamo in the Arab country of Yemen reveals some interesting contradictions and complexities. Yemeni statements on Guantanamo reflect contemporary tensions in people's conceptions of national sovereignty, the political interests of a weak state in global geopolitics and a developing conception of human rights in an emerging global social modernity.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2006-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1082","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68674168","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":"Getting Your Friends in Trouble","authors":"Clive A. Stafford Smith","doi":"10.2202/1554-4419.1081","DOIUrl":"https://doi.org/10.2202/1554-4419.1081","url":null,"abstract":"","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1081","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68673890","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}
The objective of this study is to analyse the tensions between conceptualizations about Islam, women's sexual health and rights in Senegal. Sexual rights are defined here as the right to choose a partner, the right to enjoy sex without fear of violence or disease, and the right to physical integrity. These rights are examined through legal, Islamic and International frameworks in the context of their relevance to Senegal. The general population's, and Ulamas', positions, attitudes and behaviours about these rights were collected through interviews and focus group discussions. These research methods revealed a strong opposition, from both men and women, to women's individual choice and control over her body as far as family planning, sexuality, or abortion are concerned. Most respondents regarded these rights as "Western." In their view, the idea of equality embedded in international human rights conflicts with local cultures and religion. At the level of service delivery, a large number of health care providers still believe that unmarried women should not be given information or family planning methods. Also revealed is how Islam is used to construct and legitimize existing reproductive and sexual roles and deprive women of rights in these areas. Part of the reason why women's rights are not observed relate to the failure by Senegal to enforce international human rights treaties and conventions that it has already signed. Failure by Senegalese women's associations to give priority to sexual rights, has also contributed to lack of real progress in this area. This study is meant to be used by Senegalese women's rights activist and human rights organizations, as, inter alia, a tool for advocacy for the advancement of women's sexual health and rights.
{"title":"Islam and Women's Sexual Health and Rights in Senegal","authors":"C. Bop","doi":"10.2202/1554-4419.1032","DOIUrl":"https://doi.org/10.2202/1554-4419.1032","url":null,"abstract":"The objective of this study is to analyse the tensions between conceptualizations about Islam, women's sexual health and rights in Senegal. Sexual rights are defined here as the right to choose a partner, the right to enjoy sex without fear of violence or disease, and the right to physical integrity. These rights are examined through legal, Islamic and International frameworks in the context of their relevance to Senegal. The general population's, and Ulamas', positions, attitudes and behaviours about these rights were collected through interviews and focus group discussions. These research methods revealed a strong opposition, from both men and women, to women's individual choice and control over her body as far as family planning, sexuality, or abortion are concerned. Most respondents regarded these rights as \"Western.\" In their view, the idea of equality embedded in international human rights conflicts with local cultures and religion. At the level of service delivery, a large number of health care providers still believe that unmarried women should not be given information or family planning methods. Also revealed is how Islam is used to construct and legitimize existing reproductive and sexual roles and deprive women of rights in these areas. Part of the reason why women's rights are not observed relate to the failure by Senegal to enforce international human rights treaties and conventions that it has already signed. Failure by Senegalese women's associations to give priority to sexual rights, has also contributed to lack of real progress in this area. This study is meant to be used by Senegalese women's rights activist and human rights organizations, as, inter alia, a tool for advocacy for the advancement of women's sexual health and rights.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1032","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68673578","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}
``I am therefore I have rights," argues this paper. Mere existence qualifies a human being for universal human rights. Yet human beings do not live in solitude; they are always embedded in a network of social relations which determines their rights and duties in its own terms. Consequently, the debate about the universality and relativism of human rights can be best understood by combining legal and sociological perspectives. Such an approach is used in this article to explore the tensions and contests around the universality of human rights in Islamic law. Whether all human beings or just citizens are qualified for the inviolability of human rights is a question which divided Muslim jurists into two schools: Universalistic School, emanating from Abu Hanifa, advocated for the universality of human rights, while Communalistic School, originating from Malik, Shafii and Ibn Hanbal, advocated for civil rights. Universalistic School was adopted by such great cosmopolitan empires as Umayyads, Abbasids, Mughals and Ottomans. It was also reformed by the Ottomans during the nineteenth century in the light of the new notions of universal human rights in Europe to purge remaining discriminatory practices against non-Muslim citizens and to justify constitutionalism and democracy. Yet the universalistic tradition in Islamic law has been forgotten as the chain of memory was broken after the collapse of Ottoman Empire. This article briefly unearths the forgotten universalistic approach in Islamic law to build upon it a modern universalistic human rights theory for which there is a pressing need at this age of globalization.
{"title":"Sociology of Rights: \"I Am Therefore I Have Rights\": Human Rights in Islam between Universalistic and Communalistic Perspectives","authors":"Recep Senturk","doi":"10.2202/1554-4419.1030","DOIUrl":"https://doi.org/10.2202/1554-4419.1030","url":null,"abstract":"``I am therefore I have rights,\" argues this paper. Mere existence qualifies a human being for universal human rights. Yet human beings do not live in solitude; they are always embedded in a network of social relations which determines their rights and duties in its own terms. Consequently, the debate about the universality and relativism of human rights can be best understood by combining legal and sociological perspectives. Such an approach is used in this article to explore the tensions and contests around the universality of human rights in Islamic law. Whether all human beings or just citizens are qualified for the inviolability of human rights is a question which divided Muslim jurists into two schools: Universalistic School, emanating from Abu Hanifa, advocated for the universality of human rights, while Communalistic School, originating from Malik, Shafii and Ibn Hanbal, advocated for civil rights. Universalistic School was adopted by such great cosmopolitan empires as Umayyads, Abbasids, Mughals and Ottomans. It was also reformed by the Ottomans during the nineteenth century in the light of the new notions of universal human rights in Europe to purge remaining discriminatory practices against non-Muslim citizens and to justify constitutionalism and democracy. Yet the universalistic tradition in Islamic law has been forgotten as the chain of memory was broken after the collapse of Ottoman Empire. This article briefly unearths the forgotten universalistic approach in Islamic law to build upon it a modern universalistic human rights theory for which there is a pressing need at this age of globalization.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68673496","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}
Political ideologies devoted either to the elimination or exclusion of religion from, or to its imposition on, the public sphere, and which are prepared in either case to capture State Power to achieve their vision for Society, must inexorably deny to citizens fundamental human rights and civil liberties in a globalizing world where sustainable societies must become more culturally heterogeneous and where the continuing rise of (public) religion is inevitable, so argues the author in this article. What is needed is a polity that privileges tenets of democratic pluralism, human rights and multiculturalism over and above secularism or any of its various oppositional frameworks (so-called political religions or 'fundamentalisms'). The author posits that a Secular State is incapable of guaranteeing fundamental human rights to its citizens within a democratic framework. Secularism never triumphed as the ideology of state without important civil liberties being abjured. At the same time, any State applying Shari'ah as public law, must not only deny to non-Muslims fundamental human rights, but will also eventually deny Muslims their self-determination at both personal and collective levels and will in due course cease to be a State. The author calls for a re-thinking of human rights in order to make them more acceptable universally across diverse cultures.
{"title":"Nigeria Beyond Secularism and Islamism: Fashioning a Reconsidered Rights Paradigm for a Democratic Multicultural Society","authors":"Hameed Agberemi","doi":"10.2202/1554-4419.1035","DOIUrl":"https://doi.org/10.2202/1554-4419.1035","url":null,"abstract":"Political ideologies devoted either to the elimination or exclusion of religion from, or to its imposition on, the public sphere, and which are prepared in either case to capture State Power to achieve their vision for Society, must inexorably deny to citizens fundamental human rights and civil liberties in a globalizing world where sustainable societies must become more culturally heterogeneous and where the continuing rise of (public) religion is inevitable, so argues the author in this article. What is needed is a polity that privileges tenets of democratic pluralism, human rights and multiculturalism over and above secularism or any of its various oppositional frameworks (so-called political religions or 'fundamentalisms'). The author posits that a Secular State is incapable of guaranteeing fundamental human rights to its citizens within a democratic framework. Secularism never triumphed as the ideology of state without important civil liberties being abjured. At the same time, any State applying Shari'ah as public law, must not only deny to non-Muslims fundamental human rights, but will also eventually deny Muslims their self-determination at both personal and collective levels and will in due course cease to be a State. The author calls for a re-thinking of human rights in order to make them more acceptable universally across diverse cultures.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68673301","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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