Search result: 31 articles

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Article

Consensual Accommodation of Sharia Law and Courts in Greece

Journal European Journal of Law Reform, Issue 2 2021
Keywords choice architecture, law reform, Molla Sali v. Greece, Mufti, multicultural accommodation, Muslim minority, nomoi group, Sharia law
Authors Nikos Koumoutzis
AbstractAuthor's information

    Having been exempted from a massive population exchange that took place between Greece and Turkey under the Treaty of Lausanne (1923), the Muslim minority of Western Thrace enjoys ever since a special status providing for the application of the Sharia law in family and succession matters, as well as the jurisdiction of the Mufti for the resolution of relevant disputes. A reform introduced by Law 4511/2018 marks a watershed moment in this long history. From now on, the Sharia law and the Mufti cease to be mandatory; their intervention requires the consent of the members of the minority, who also have the alternative to subject to the civil law and courts. This article tries to explore key features of the new model providing for an accommodation of the Muslim personal legal system based on choice. It focuses on the technique employed to structure the right of choice, on the proper ways for the exercise of choice, on the possibilities offered (or not) to make a partial choice only and revoke a previously made choice. In the end, a further question is raised, concerning how effective the right of choice may prove in the hands of women insiders, given that these are the most likely to experience pressure to demonstrate loyalty and not ignore the traditions and values – including the nomos – of their collective.


Nikos Koumoutzis
Nikos Koumoutzis is Associate Professor Law School at the University of Nicosia, ORCID ID: https://orcid.org/0000-0003-4362-2320
Article

Access_open The Court of the Astana International Financial Center in the Wake of Its Predecessors

Journal Erasmus Law Review, Issue 1 2019
Keywords international financial centers, offshore courts, international business courts, Kazakhstan
Authors Nicolás Zambrana-Tévar
AbstractAuthor's information

    The Court of the Astana International Financial Center is a new dispute resolution initiative meant to attract investors in much the same way as it has been done in the case of the courts and arbitration mechanisms of similar financial centers in the Persian Gulf. This paper examines such initiatives from a comparative perspective, focusing on their Private International Law aspects such as jurisdiction, applicable law and recognition and enforcement of judgments and arbitration awards. The paper concludes that their success, especially in the case of the younger courts, will depend on the ability to build harmonious relationships with the domestic courts of each host country.


Nicolás Zambrana-Tévar
LLM (LSE), PhD (Navarra), KIMEP University.
Article

Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Authors Mutaz Qafisheh and Ali Wardak
AbstractAuthor's information

    Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.


Mutaz Qafisheh
Mutaz Qafisheh is Dean and Associate Professor of International Law, College of Law and Political Science, Hebron University, Hebron, Palestine.

Ali Wardak
Ali Wardak is Professor of Criminology, University of South Wales, Pontypridd, United Kingdom.
Article

Legislative Reform in Post-Conflict Settings

A Practitioner’s View

Journal European Journal of Law Reform, Issue 1 2019
Keywords post-conflict, rule of law, law reform, legislative reform
Authors Nathalia Berkowitz
AbstractAuthor's information

    Following conflict, considerable effort is often dedicated to legislative reform. This effort includes not only domestic actors but also international actors frequently acting with the aim of establishing the rule of law. This article seeks, first, to provide some context for legislative reform in post-conflict settings and outline some of the criticisms that have been made. Drawing on the work of legislative experts, the article then identifies some of the simple questions that those involved in legislative reform ask and discusses some of the key challenges in answering them. The article suggests that establishing the rule of law is more than putting laws ‘on the books’ and that the way in which legislation is created may itself contribute to developing the rule of law. It suggests that as the rule-of-law community develops new approaches, it might find it useful to draw on the approach of legislative experts and their concern with how effective legislation is created.


Nathalia Berkowitz
Nathalia Berkowitz is a former Barrister and legislative drafter working as an independent consultant focusing on rule of law reform. Nathalia has over 10 years’ experience supporting legislative reform and judicial process in countries around the world. She is a UK [Government] deployable civilian expert and faculty member of the University of Salamanca’s Global and International Studies Program. She can be contacted at nathaliapendo@gmail.com.
Article

Changing Realities

Islamic Veils and Minority Protection

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords European Court of Human Rights, freedom of religion Islamic veils, minority protection
Authors Dr Gábor Kardos LLM, PhD.
AbstractAuthor's information

    Most of the immigrant communities in Europe do not show any signs of giving up their identity. Just the contrary, they seem to be more and more committed to preserving their culture, traditions, language and religion. Their growing numbers and adherence to their culture and traditions have raised the question of whether it would be necessary to accept them as permanent factors in the society, and consequently, to secure for them, beside equality and freedom of religion, other minority rights such as the right to preserve their cultural and language identity. This change might presuppose a renewal of the traditional understanding of the concept of the national minority. To raise the standards for minority rights of immigrants and at the same time to maintain the level of protection of homeland minorities is not an easy but a necessary solution. But even the accommodation of certain aspects of the freedom of religion of migrants is a problem in practice. As far as the public use of Islamic veils is concerned, the decisions of the European Court of Human Rights proved to be too lenient towards those state parties which put secularity of public institutions before the freedom of religion of the individual. The dissenting opinions correctly emphasize that the role of the authorities is not to remove the cause of tension by eliminating pluralism but to ensure that competing groups tolerate each other. If the Islamic veils are symbols of pressurization, oppression and discrimination, or proselytism, the intervention of state authorities may be justified but the law cannot presuppose that the aforementioned situations are the prevailing ones. If it does so, the collateral damage at the expense of a basic human right of certain true believers is too high.


Dr Gábor Kardos LLM, PhD.
LLM, PhD. Dr Habil. Professor of International Law, International Law Department, Faculty of Law, ELTE University, Budapest, Hungary.
Article

Credibility of Sunnah

Journal European Journal of Law Reform, Issue 4 2016
Keywords Sunnah, Hadith, traditions of Prophet Muhammad, sources of Islamic Law, rules of Hadith acceptance
Authors Ahmad Alomar
AbstractAuthor's information

    Islamic Law (Sharia) consists primarily of the Qur’an, the actual word of God revealed to Prophet Muhammad during his lifetime. The Qur’an itself is relatively short, compact and immutable. It was revealed in Classical Arabic and in a very poetic and elaborate format. Many parts of it are not easy to understand even for educated speakers of Arabic. In order to understand the meaning of some of its provisions and to be able to apply its teachings to changing times and societies, recourse is often made to other sources of Islamic law, first and foremost the Sunnah, or traditions of the Prophet Muhammad. The Sunnah consists of historic records of things the Prophet did or said in various situations during his lifetime. Because of the Prophet’s exalted position as God’s messenger, his words and deeds are considered supreme guidance for Muslims anywhere, as they are seeking to understand the teachings of Islam and its application to their lives. The problem with the Sunnah is, however, that the historic record of the words and deeds of the Prophet is not always clear and reliable. Therefore, giving the force of law to these words and deeds can be problematic. Distinguishing reliable and unreliable Sunnah is critically important. Muslim believe in many hadiths that may directly contradict the Qur’an, scientific evidence, fundamental principles of law and human rights, or each other. This article examines the Sunnah and the science of verifying hadith and argues that a more cautious approach should be taken and that Muslims around the world are being taught many rules that are supposedly rules of Islamic law where at the very least we cannot be sure. Instead of declaring thousands of weak hadith to be binding elements of Islamic law, we should be more discerning between strong and weak hadith and only treat those that are verifiable as binding. Other rules can still be persuasive if they meet certain conditions, in particular compatibility with the Qur’an itself, but they must not be used to impose rules on Muslims against their will, let alone against the provisions of the Qur’an.


Ahmad Alomar
S.J.D Candidate at IU McKinney School of Law, Faculty Member at King Fahd University of Petroleum and Minerals.
Article

Transformation of Dispute Resolution in Africa

Journal International Journal of Online Dispute Resolution, Issue 1 2015
Keywords Lagos Court of Arbitration, Mauritius International Arbitration Court, ODR in Africa, Commonwealth States, UNCITRAL Working Group on ODR
Authors Ijeoma Ononogbu
AbstractAuthor's information

    Online Dispute Resolution ODR) is the new frontier in dispute resolution process. There has been an overwhelming positive expectation on the way ODR will work globally and Africa is likely to join the evolving dispute resolution concept.
    In recent years, technology has taken over virtually all aspects of our lives. This is from online shopping, online banking, online education, to online games, the list goes on and on.
    Online dispute resolution has been used in e-mediation and turned out a great success for e-commerce. The emergence of ODR and its successes are notable in eBay, which boasts of resolving over 35 million disputes using its ODR services. Africa as a continent is a goldmine of technological exploration. The success of M-Pesa in East Africa, which uses technology in mobile money transfer is a testament to the advantages and great advancements the continent has made in its use of the vast population of youngsters. With a recommendation, for African legal practitioners to join the global movement.


Ijeoma Ononogbu
Barrister & Solicitor, Nigeria, and Solicitor in International Dispute Resolution, England & Wales.
Article

The Rule of Law Reform and Judicial Education in Pakistan

Search for a Model

Journal European Journal of Law Reform, Issue 1 2015
Keywords judicial education, rule of law reform, Khyber Pakhtunkhwa, militancy, Pakistan
Authors Khurshid Iqbal
AbstractAuthor's information

    The article investigates the intrinsic and instrumental roles of judicial education in broader contours of the rule of law theory and reform practice in a developing country. It focuses on: firstly, the relationship between judicial education and the rule of law theory and reform practice; secondly, whether and how judicial education can promote the rule of law; and third, the challenges to a successful judicial education in strengthening the rule of law. Examining Pakistan as a case study, the article explores challenges to judicial education in Pakistan and critically assesses Pakistan’s rule of law reform efforts to overcome those challenges. Evidence shows that key challenges to judicial education in Pakistan are lack of a national judicial educational vision and a well thought out policy, coordinated efforts to training needs assessment, curriculum and faculty, research and learning best practices, as means of development and innovation. Of special concern is the role of judicial education in promoting the rule of law to address security issues embedded in (bad) governance. The article finds that in view of its initial limited success, the judicial academy of Pakistan’s terrorism-hit Khyber Pakhtunkhwa (KP) province may play a role model to improve judicial services and thereby help promote the rule of law in a post-conflict society.


Khurshid Iqbal
PhD (Ulster, UK), LLM (Hull, UK), MA Political Science & LLB (Peshawar, Pakistan); Dean of Faculty, the Khyber Pakhtunkhwa Judicial Academy (KPJA); District & Sessions Judge; Adjunct Faculty Member Department of Law, the International Islamic University, Islamabad.
Article

Access_open Global Citizens and Family Relations

Journal Erasmus Law Review, Issue 3 2014
Keywords global governance, family relations, nationality, habitual residence, party autonomy
Authors Professor Yuko Nishitani Ph.D.
AbstractAuthor's information

    As globalisation progresses, cross-border movements of people are becoming dynamic and multilateral. The existence of different groups and minorities within the community renders the society multiethnic and multicultural. As individuals acquire new affiliation and belonging, the conventional conflict of laws methods may no longer be viable and should be subject to a thorough re-examination. Against this background, this paper analyses appropriate conflicts rules in international family relations to reflect an individual’s identity. Furthermore, in light of the contemporary law fragmentation, this study also analyses interactions between state law and non-state cultural, religious or customary norms.


Professor Yuko Nishitani Ph.D.
Professor at Kyushu University Faculty of Law, Japan. This work was supported by the JSPS Grants-in-Aid for Scientific Research (C) (Grant Number 26380063). The author sincerely thanks Professor Carol Lawson (Nagoya University) and Ms. Nettie Dekker for their devoted editing work.
Article

Legislative Drafting in Plain Urdu Language for the Islamic Republic of Pakistan

A Question of Complex Intricacies

Journal European Journal of Law Reform, Issue 3 2014
Keywords Urdu, Pakistan, multilingual jurisdictions, legislative drafting, plain language movement
Authors Mazhar Ilahi
AbstractAuthor's information

    The plain language movement (PLM) for the writing of laws calls for improving legislative clarity by drafting the laws in a clear, simple, and precise manner. However, the main purpose of this aspiration is to facilitate the ordinary legislative audience to understand the laws with the least effort. In this respect, turning the pages of recent history reveals that this movement for plain language statutes has mostly been debated and analysed in the context of English as a language of the legislative text. However, in some parts of the multilingual world like India and Pakistan, English is not understood by the ordinary population at a very large scale but is still used as a language of the legislative text. This disparity owes its genesis to different country-specific ethnolingual and political issues. In this context but without going into the details of these ethnolingual and political elements, this article aims to analyse the prospects of plain Urdu legislative language in the Islamic Republic of Pakistan by by analyzing (1) the possibility of producing a plain language version of the legislative text in Urdu and (2) the potential benefit that the ordinary people of Pakistan can get from such plain statutes in terms of the themes of the PLM. In answering these questions, the author concludes that neither (at present) is it possible to produce plain Urdu versions of the statute book in Pakistan nor is the population of Pakistan likely to avail any current advantage from the plain Urdu statutes and further that, for now, it is more appropriate to continue with the colonial heritage of English as the language of the legislative text.


Mazhar Ilahi
The author is Solicitor in England and Wales and currently an Associate Research Fellow as well as Director of the Legislative Drafting Clinic at the Institute of Advanced Legal Studies, School of Advanced Study, University of London. Previously, he has worked as a Civil Judge/Judicial Magistrate and practised as Advocate of High Courts in Pakistan. He is also a country (Pakistan) representative of ‘Clarity’, an international association promoting plain legal language.
Article

Medically Assisted Reproduction in Egypt, Iran, Saudi Arabia and the United Arab Emirates

Sunni and Shia Legal Debates

Journal European Journal of Law Reform, Issue 2 2014
Keywords medically assisted reproduction, Islam, Middle East, family formation, law
Authors Andrea Büchler and Eveline Schneider Kayasseh
AbstractAuthor's information

    Since the mid-1980s, biotechnologies have been widely used to assist human conception around the world, and especially in the Middle East. In this article, our main focus is the United Arab Emirates (UAE), as well as Egypt, the Islamic Republic of Iran, and Saudi-Arabia. In these Muslim-majority countries, an ever rising demand for fertility treatments runs parallel to far-reaching demographic and social changes. While assisted reproductive technologies offer various methods to pursue the desire to have biological children, they do also underscore religious and cultural sensibilities about traditional male-female relationships and family formation.
    In order to outline contemporary opinions and state laws and regulations in the countries mentioned in the outset, core notions and concepts of the Islamic family that are relevant for understanding attitudes regarding reproductive medicine and that have influence on couples seeking fertility treatment are outlined. It is also shown how ethical-juridical considerations have shaped the scholarly discourse about assisted reproduction. In this context, assisted reproductive techniques that include eggs, sperm, embryos, or wombs from third parties have been particularly contentious. In fact, there remain different views among Islamic jurists and senior clerics in Shia Islam regarding ethically controversial issues such as egg and sperm donation, as well as surrogate motherhood. While the number of IVF-clinics is on the rise in all countries discussed in this article, only in the UAE are clinics operating with rather comprehensive legislative oversight.


Andrea Büchler
University of Zurich, Switzerland.

Eveline Schneider Kayasseh
University of Zurich, Switzerland.
Article

Democracy, Constitutionalism and Shariah

The Compatibility Question

Journal European Journal of Law Reform, Issue 2 2014
Authors A.T. Shehu
Abstract

    This article is a contribution and a response to the debate on the compatibility, or rather the incompatibility, of Islam and Shariah with democracy and constitutionalism. The debate has been both inter and intra; Muslims as well as non-Muslims are divided among themselves on the issue. A careful synthesis of the arguments on both sides shows fundamental problems of semantics and lack of proper appreciation of the issues involved because of divergent construction of the basic rules and normative concepts. This article identifies as a problem the tendency for cultural prejudice and intolerance to largely determine the direction of the debate and endure not only a ‘clash of civilizations’, but also, in reality, a clash of normative concepts. This article contends that Islam is more democratic in nature and that Shariah itself is a system of constitutionalism; needless to say, the objectionists have long forgotten that, in essential formulations, Shariah is the foundation of thoughts on human rights.


A.T. Shehu
Article

An Introduction to Islamic Law

Journal European Journal of Law Reform, Issue 2 2014
Keywords foundations of Islamic law, Islamic jurisprudence, Ijthad, Masaleh Mursala, Istihsan
Authors Salma Taman
Author's information

Salma Taman
LLB Alexandria University Faculty of Law (2006), LLM Indiana University School of Law – Indianapolis (2009).
Article

Protection of Intellectual Property Rights Under Islamic Law

From Tort to Special Privileges

Journal European Journal of Law Reform, Issue 2 2014
Keywords intellectual property rights, basic property rights, intellectual property privileges, monopoly rights, prohibition of harm
Authors Mahmood Bagheri, Mojtaba Nayyer and Mahdi Moalla
AbstractAuthor's information

    Knowledge and innovation, which are the basis of intellectual property rights, are public goods leading to some kind of market failure in terms of positive externalities. Such a market failure undermines the motivation for production of knowledge and innovation, which in turn would be a social loss and distributive injustice. Therefore, there has to be a response beyond the mere respect for basic property rights under Islamic law according to the Rule of Prohibition of Harm to others. The general application of such a rule and within the private law paradigm confers merely normal protection to intellectual property rights, like any other property rights, which is too little too late. However, affording the extra protection and special privileges to the owner of such rights as a mechanism to compensate the market and private law failure requires a different interpretation of this rule. This article suggests that ownership rights in knowledge and innovation could benefit from this rule at two levels: a general level of basic rights and a special level of privileges based on a social trade-off and distributive justice to avert a social loss. As such, Islamic law is capable of offering such special privileges to the owner of intellectual property rights who is willing to make a deal with society for improved but limited property rights.


Mahmood Bagheri
Mahmood Bagheri is Associate Professor of Law at the Faculty of Law and Political Science, University of Tehran, and Senior Research Fellow at the Institute of Advanced Legal Studies, University of London

Mojtaba Nayyer
Mojtaba Nayyer is LLM in Intellectual Property Law at the Faculty of Law and Political Science, University of Tehran

Mahdi Moalla
Mahdi Moalla is PhD Candidate in Private Law at the Research Institute for Islamic Culture and Thought, Qom, Iran.
Article

The Place of Shariah among the Legal Systems of the World

Journal European Journal of Law Reform, Issue 2 2014
Keywords Ijtihad, harmonise, Al-husn wal qubh, Islamic law, Hadith
Authors Issam Saliba
AbstractAuthor's information

    Islamic law has been classified during the International Congress on Comparative Law held in Paris in 1900 as a great original legal system. The basic foundation of Islamic law rests on a moral concept of right and wrong as found in the Koran, the Holy Book of Islam and the traditions of the Prophet Mohammed. Muslim scholars formulated the legal rules and organized into a number of schools of Islamic legal thought. The plurality of opinion among and within these schools attest to the flexibility built into the structure of Islamic law. Later generations of Muslim scholars and intellectual leaders often failed to reach the spirit of the law and to build upon its accomplishments.


Issam Saliba
Lebanese Attorney serving as Foreign Law Specialist at the Law Library of the United States Congress, Washington, DC.
Article

Human Rights in Islamic Law, Specifically the Guarantee of Procedural Justice

Journal European Journal of Law Reform, Issue 2 2014
Keywords Islamic law, procedural justice, human rights, rules of evidence, Cairo Declaration of Human Rights
Authors Mohamed Y. Mattar
AbstractAuthor's information

    International law guarantees several fundamental principles of procedural justice, such as presumption of innocence, the right against self-incrimination, the right to be tried without undue delay, the right to examine witnesses, and the right to legal assistance. In this article I examine whether Islamic law guarantees similar procedural protections and demonstrate how Islamic law provides for basic human rights as well as general principles that may serve as guidelines in procedural justice. These include the principle of non-retroactivity, the principle of personal accountability, the principle of no crime or punishment without law, the right to be presumed innocent until proven guilty, and the right to defence. The article also identifies rules of evidence provided by Islamic law which are designed to protect the accused.


Mohamed Y. Mattar
Mohamed Y. Mattar is a Senior Research Professor of International Law and the Executive Director of The Protection Project at The Johns Hopkins University School of Advanced International Studies (SAIS).
Article

Women's Rights in the Islamic Perspective

Journal European Journal of Law Reform, Issue 2 2014
Keywords Sharey'ah, Alquamah, Qur'an, Nafaqa, ma'aroofe
Authors Omar Alsunaid and Bashar Almofadda
AbstractAuthor's information

    Women in Sharey'ah play an essential role in the Muslim community. In the relationship among men and women, Sharey'ah adopted the theories of integration and justice rather than theories of competition and equality. This leads Sharey'ah to distribute human rights between men and women depending on their nature and personal need. However, many stereotypes and misapprehensions concerning women's rights in Sharey'ah have appeared owing to a lack of understanding of the objectives of Sharey'ah's rules. This article demonstrates women's rights and the Sharey'ah's objectives behind these rights, including Alquamah, political participation, marriage and inheritance. The article then goes on to explain why there is a variation between women's rights in Sharey'ah and the reality of some Muslim communities.


Omar Alsunaid
Omar Alsunaid is a Doctor of Juridical Science candidate at the Indiana University Robert H. McKinney School of Law.

Bashar Almofadda
Bashar Almofadda is an SJD candidate at the Indiana University Robert H. McKinney School of Law, United States and Lecturer at The Higher Judicial Institute Imam Mohammed Bin Saud Islamic University, Saudi Arabia.

    Under the Kafala system, which applies in all Arab countries, migrant workers must attain a work entry visa and residential permit, which is possible only if they are working for a domestic institution or corporation or a citizen of the respective country. Each and every employer is required, based on the Kafala system, to adopt all legal and economic responsibilities for all of the employer's workers during their contractual period. By giving wide-ranging powers and responsibilities unilaterally to employers, the Kafala system subjects workers to abysmal and exploitative working conditions, violence, and human rights abuses. Some of these problems have recently made headlines in the United States and in Europe in connection with the campus being built by New York University in Abu Dhabi. While NYU imposed a code of labor standards on its direct contractual partners, it claimed to have no means of controlling subcontractors. Nor did NYU try very hard, it seems, to verify compliance even by its direct contractual partners.
    Migrant workers make up at least 30 percent of the population of Saudi Arabia and 49 percent of Saudi Arabia's entire workforce. Employers control Saudi Arabia's Kafala system, in which migrant workers are the weakest link. Studies and international organizations report that foreigners employed in Saudi Arabia have returned home with many complaints. In 2006, Saudi Arabia re-examined all laws including its labor law. This re-examination resulted in abolishing some terms used in labor law, such as the kafala system, but the system remains as is. The new labor law includes many positive changes, but not enough according to the assessment of local and international scholars and observers. In this paper, I will reveal laws, practices and patterns that essentially cause the vulnerability of migrant workers, and I will suggest effective alternative strategies. This paper should contribute to our growing understanding of issues of concern for migrant workers in Saudi Arabia and other Arab countries and help to develop specific and necessary legal and institutional responses.


Majed M. Alzahrani
LL.M, Indiana University, Robert H. McKinney School of Law. The author would like to thank Professor Frank Emmert for advice and guidance in the production of this article.

    The purpose of this article is to illuminate one of the contemporary legal dilemmas in Islamic law, namely the appointment of female judges in Muslim countries. The methodology employed is library-based research. The focus of this article is to determine the legal status of appointments of female judges in Shariah courts. It is argued here that female judges can be appointed in Muslim countries and that the main reason for this is that there is no explicit prohibition of it in the fundamental sources of Islamic law. However, the claims that it is contrary to Islamic law to appoint female judges are also discussed here. The outcome of this article is to prove that there is nothing wrong in Islam in appointing female judges as long as they fulfil the necessary conditions.


Aishath Muneeza
Postgraduate Student, Harun M. Hashim Law Centre, International Islamic University Malaysia.
Article

Freedom of Speech, Freedom of Religion and Islam

A Review of Laws Regarding ‘Offences Relating to Religion’ in Pakistan from a Domestic and International Law Perspective

Journal European Journal of Law Reform, Issue 2 2014
Keywords blasphemy, apostasy, freedom of religion, Ahmadi, minority rights in Pakistan
Authors Ujala Akram
AbstractAuthor's information

    During the struggle for a separate homeland, named Pakistan, for Muslims who were the then religious minority in British India, a promise was inevitably made that the religious minorities will enjoy freedom to hold and practice their belief in this new country. The promise was kept in all three Constitutions of Pakistan where minorities were given the right to practice their religion. However, the subsequent amendments to the Constitution were made with the presumption that Pakistan was created to establish an Islamic State, which stifled the freedom of religion and belief of the religious minorities. In the absence of a domestic mechanism to protect the freedom of religion in Pakistan, international law was supposed to play a major role in the protection of the same. Unfortunately, international law, owing to the lack of sanctions and mechanism to implement the law, proved to be weak in this case. However, through an amalgamation of international law, international pressure, amendments to existing laws and promulgation of new laws to protect the religious freedom of minorities in Pakistan – the minorities may be able to enjoy the freedom of religion as it was envisioned while fighting for the independence of Pakistan.


Ujala Akram
LLM 2007, S.J.D. Candidate, Indiana University McKinney School of Law.
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