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Full-Text Articles in Law
Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh
Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh
Law Papers and Journal Articles
International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where …
Law, Religion And Violence: A Human Rights-Based Response To Punishment (By State And Non-State Actors) Of Apostasy, Ben Clarke
Law Papers and Journal Articles
This article examines Islamic law on the punishment of apostasy and its use and abuse by state and non-state actors to justify the taking of human life. It highlights the traditional view of Muslim jurists that apostates must be killed. This approach is contrasted with the growing body of juristic opinion that holds that neither the Qur’an nor authoritative hadith requires apostates to be executed. This debate has assumed greater importance since al-Qaeda and similar groups have sought to justify acts of violence on the grounds that they are engaged in lawful jihad against apostates, apostate governments and collaborators. The …
Ideological Extremism And The Abuse Of Religion: 'Punishment Of Apostasy' As A Rationale For Religious Violence By State And Non-State Actors, Ben Clarke
Law Conference Papers
This paper critiques the phenomena of religious violence in Arab and Islamic States from a human rights perspective. It highlights the tendency of Islamists who engage in violence to justify their actions by reference to the religious doctrine of ‘apostasy’. The inherent conflict between the notion that apostasy is a punishable crime and universal human rights norms (such as freedom of conscience and religion) is explored. It is argued that one way out of the cycle of religious violence and sectarian hatred is for Arab and Muslim States to adopt non-discriminatory laws modelled on the Covenant on Civil and Political …