Table Of ContentReligion, Human Rights and International Law
REHMAN_f1_i-xvi.indd i 5/9/2007 10:45:41 AM
Studies in Religion, Secular
Beliefs and Human Rights
VOLUME
REHMAN_f1_i-xvi.indd ii 5/9/2007 10:45:41 AM
Religion, Human Rights and
International Law
A Critical Examination of Islamic State Practices
Edited by
Javaid Rehman and Susan C. Breau
LEIDEN • BOSTON
REHMAN_f1_i-xvi.indd iii 5/9/2007 10:45:41 AM
A C.I.P. record for this book is available from the Library of Congress.
Printed on acid-free paper
ISSN -
ISBN
Copyright by Koninklijke Brill NV, Leiden, Th e Netherlands.
Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishing,
IDC Publishers, Martinus Nijhoff Publishers and VSP.
All rights reserved. No part of this publication may be reproduced, translated,
stored in a retrieval system, or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without prior written permission
from the publisher.
Authorization to photocopy items for internal or personal use is granted by
Koninklijke Brill NV provided that the appropriate fees are paid directly to
Th e Copyright Clearance Center, Rosewood Drive, Suite ,
Danvers, MA , USA.
Fees are subject to change.
printed in the netherlands
REHMAN_f1_i-xvi.indd iv 5/9/2007 10:45:42 AM
CONTENTS
Notes on the Contributors ix
Part One introduction
Introductory Refl ections
professor javaid rehman and dr susan c. breau
Freedom of Religion in International Law
professor kevin boyle
Women’s Human Rights and Religion: How do they
Co-Exist?
professor christine chinkin
Part Two reflections on religion, human rights and
international law
Th e Twain Doth Meet!
A Preliminary Exploration of the Th eory and Practice
of as-Siyar and International Law in the Contemporary
World
professor shaheen sardar ali
Religion as a Source of International Law
professor ilias bantekas
Human Rights and Cultural Relativism:
Th e False Dichotomy
dr susan c. breau
Some Arguments on the Universality of Human Rights
in Islam
audrey guichon
REHMAN_f1_i-xvi.indd v 5/9/2007 10:45:42 AM
vi Contents
Part Th ree religions, values and constitutionalism
within international human rights law
Religion within the Refugee Context:
Squaring the Circle?
professor rebecca wallace
Th e Advent of Proportional Human Rights and the
Dignity Inherent in Individuals qua Human Beings
professor ben chigara
Th e Religiosity of Jus Cogens:
A Moral Case for Compliance?
fiona de londras
Why the Hindu Caste System Presents a New Challenge
for Human Rights
dr david keane
Part Four islam, state practices and contemporary
international law
Th e Role of Islam in Human Rights and Development
in Muslim States
professor mashood baderin
Human Rights, Natural Justice and Pakistan’s Shariat
Courts
dr martin lau
Women, Islamisation and Human Rights in Pakistan:
Developing Strategies of Resistance
dr siobhán mullally
Nation-Building in an Islamic State:
Minority Rights and Self-Determination in the Islamic
Republic of Pakistan
professor javaid rehman
REHMAN_f1_i-xvi.indd vi 5/9/2007 10:45:42 AM
Contents vii
Part Five islam, minorities rights and the implications
of /
Multiculturalism and Extremism:
International Law Perspectives
dr alexandra xanthaki
Prayers, Planners and Pluralism:
Protecting the Rights of Minority Religious Groups
alice diver and john thompson
‘Are you a Protestant or a Catholic Muslim?’
Th e Path of Muslim Integration into Northern Ireland
victoria montgomery
Religion, Minority Rights and Muslims of the United
Kingdom
professor javaid rehman
Index
REHMAN_f1_i-xvi.indd vii 5/9/2007 10:45:42 AM
REHMAN_f1_i-xvi.indd viii 5/9/2007 10:45:42 AM
NOTES ON THE CONTRIBUTORS
shaheen sardar ali, BA, LLB, MA, LLM, Ph.D. is a Professor of Law,
University of Warwick, United Kingdom and University of Oslo, Norway.
She was formerly Professor of Law, University of Peshawar, Pakistan. Her
teaching and research interests include International Law of Human Rights,
Women’s Human Rights, Children’s Rights, Public International Law, Islamic
Law and Jurisprudence, Gender and the Law, Constitutional Th eory and
Alternate Dispute Resolution. Some of her most recent publications include
two monographs, Gender and Human Rights in Islam and International
Law: Equal Before Allah, Unequal Before Man? (Th e Hague, Kluwer Law
International, ) and Indigenous Peoples and Ethnic Minorities of Paki-
stan (Richmond, NIAS/Curzon Press, ) (co-authored). She regularly
acts as a consultant for a range of international bodies, is member of the
British Council Task Force on Gender and Development and has served
on the National Commission of Inquiry on Women as well as the Prime
Minister’s Consultative Committee on Women in Pakistan. Professor
Ali has served as Minister for Health, Population Welfare and Women’s
Development in the Government of the North West Frontier Province
(Pakistan) and Chair of the National Commission on the Status of Women
of Pakistan. She is one of the founder members and Co-ordinator of the
South Asian Research network on Gender, Law and Governance (SARN).
She is currently Director of the Law in Development Programme at the
University of Warwick.
mashood baderin, LLB (Hons), BL, LLM, Ph.D., is a Professor of Law
at the Brunel Law School, Brunel University, London. He was formerly
a Reader in International Human Rights Law at the University of the
West of England, Bristol, UK and has also taught at the University of
Nottingham, University of Southampton and at the School of Oriental
and African Studies in University of London. He is a qualifi ed and expe-
rienced Barrister and Solicitor of the Supreme Court of Nigeria. He is a
recognised expert in International Human Rights and Islamic Law and
researches on International Law, International Human Rights and Islamic
Law with particular interest in the interaction between International Law,
International Human Rights Law and Islamic Law in Muslim States. He
REHMAN_f1_i-xvi.indd ix 5/9/2007 10:45:42 AM
