Religious Pluralism, Human Rights and Citizenship in Europe: Some Preliminary Reflections on an Evolving Methodology for Consensus

Citation:

Ali, Shaheen. 2007. Religious Pluralism, Human Rights and Citizenship in Europe: Some Preliminary Reflections on an Evolving Methodology for Consensus. Utrecht: Internsentia.

Author: Shaheen Ali

Abstract:

In part II of the study, the subject of commonalities and similarities between International law and as-Siyar (Islamic International Law) is further explored by Shaheen Sardar Ali. Ali takes the position that not-withstanding the parallel normative origins, and ideological differences of the two systems, there are significant points of concurrence between the two regulatory frameworks." Ali pursues her argument by collating a remarkable array of commonalities in the developmental and contemporary processes of as-Siyar and modern International Law. She argues that in the field of human rights law, the two systems have portrayed and continue to reflect tensions over slavery and women's rights and minority rights. Despite an avowed allegiance to an 'international, extra-territorial and universal' tradition, both as-Siyar and modern international law have deployed expansionist and exploitative strategies. Hegemonic and ideological expansionism, a historic trade-mark of as-Siyar, is visible in the contemporary approaches – adopted by United States foreign policy; 'democracy' and 'human rights' are concepts which have now replaced the pre-modern as-Siyar notion of Jihad, whereby the rights of religious communities are being undermined." The debate over the similarities or differentiation between International law and Islamic legal norms leads to a more fundamental question: Should religious texts or customs or traditions be considered a source [or even a method from which to extract law] of international law alongside treaties, customary international law and general principles?

Topics: Citizenship, Democracy / Democratization, Gender, Women, International Law, International Human Rights, Religion, Rights, Human Rights, Women's Rights Regions: Europe

Year: 2007