Chapter

Islam vs the Shari‘a: Minority Protection within Islamic and International Legal Traditions

Javaid Rehman

in Islamic Law and International Human Rights Law

Published in print October 2012 | ISBN: 9780199641444
Published online January 2013 | e-ISBN: 9780191741104 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641444.003.0022
Islam vs the Shari‘a: Minority Protection within Islamic and International Legal Traditions

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This chapter comments on the discussions in Chapters 18 and 19. Chapter 18 provides a particularly useful articulation of the differing perceptions by which premodern treatment of dhimmis is assessed in modern legal literature. The discussion, on the whole, accurately reflects the state of affairs as established by ‘the two predominant myths hovering over the dhimmi rules...those of harmony and persecution’. Chapter 19 advances a pragmatic view of human rights and minority rights based on human dignity. By articulating a jurisprudential analysis of international law, it raises the question of the efficacy and potency of the latter, particularly as far as its implementation at the domestic level is concerned.

Keywords: religious minorities; dhimmi rules; dhimmis; minority rights; human dignity; international law

Chapter.  4124 words. 

Subjects: Human Rights and Immigration

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