A COMPARATIVE ANALYSIS ON THE CONCEPT OF FREEDOM OF RELIGION UNDER THE SHARI‘AH AND INTERNATIONAL LAW
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
ABSTRACT
This study analyzes the compatibility of Shariah with International Law on freedom of religion. As a subject of colossal complexity and variation, detailed examination is restricted to the highly contentious issues of the right to change religion (otherwise termed apostasy in Islamic law), the religious rights of non-Muslims (Dhimma) in an Islamic State, relations of law and religion (state religion), blasphemy/defamation of religion, and the application of the doctrine of jihad in defence of the Islamic faith, etc. Today, the serious disregard and infringement of freedom of religion by both State and non-State actors has kindled hatred and caused violence among people, as evidenced by severe and systematic persecution, domination and suppression by one religion or sect over the other using the instrumentality of State power in many countries across the globe. Many instances abound on the oppressive treatment and discrimination of members of minority religion or faith within a nation; arbitrary killing and violence to the life and properties of the holders of certain beliefs or sects; willful destruction of or damage to places of worship and other sacred sites of cultural and religious memory and learning in many parts of the world. In view of this, the main objective of this work therefore, is to examine what comparable or divergent visions and precepts underlie Shari‟ah law and international law in providing for freedom of religion given the fact that as to Shariah, preserving the Islamic faith is among its fundamental principles and as to international law, promotion of tolerance and friendly relations forms its very basis. To achieve this, doctrinal method of legal research was adopted, and reliance was placed on sources of information such as the primary and secondary sources of Islamic law as well as the sources of international law on the subject. It is argued that while international law contemplate protection of freedom of religion only of recent, the Shariah as a system of law and religion was the first to recognize religious toleration right from the 7th Century A.D. and in view of this, it was observed that religious accommodation in Islamic tradition is only tenable under Islamic Rule than in democracy, socialism or communism, therefore a return to Islamic Khilafah system was advocated. It was further submitted that freedom of religion in its international law conception is far from being universal and remain the most contested freedom in view of its failure to recognize other legal and cultural traditions, the Shariah in particular. The findings reveal that rules of international law related to freedom of religion are to a large extent, contradictory to those found under the Shari‟ah, it being the formulations of international standards remain largely reminiscent of Western as well as Judeo-Christian traditions to the exclusion of Islamic particularities. Consequently, much of the current legal problems associated with violations of freedom of religion in Western countries as well as by Muslim majority countries are argued as being partly due to the existent doctrinal incongruence between the two systems of laws. The study concludes with the view that attainment of “universal” standards on protection of freedom of religion is possible, only if the international community appraises itself of the relevance of Shariah within international human rights discourse as an alternative legal tradition.
Related Project Materials
A MULTIVARIATE ANALYSIS ON THE RESPONSE OF CROPS TO FERTILIZER AND SOIL TYPES. (A CASE STUDY OF THE FEDERAL UNIVERSITY OF AGRICULTURE UMUDIKE, ABIA STATE)
ABSTRACT
This study was carried out on a multivariate analysis of the response of crops to fertilizer a...
PERFORMANCE OF BROILER CHICKENS FED BITTER LEAF AND MORINGA LEAF MEAL BASED DIETS UNDER SINGLE PHASE FEEDING REGIME
ABSTRACT
The effect of feeding bitter leaf and moringa leaf meals based diets under single phase feed regime on growth performance, nutri...
IMPACT OF EXTERNAL DEBT ON ECONOMIC GROWTH IN SELECTED SUBSAHARA AFRICAN COUNTRIES
ABSTRACT
This study investigated the impact of external debt on economic growth in selected Sub-Sahara African Countries using time serie...
THE RELATIONSHIP BETWEEN DRUG ABUSE AND TONE OF DISCIPLINE IN SECONDARY SCHOOLS
EXCERPT FROM THE STUDY
In Nigeria, there appears to be a great concern about the lack of discipline in our schools. ...
THE EFFECT OF COST ALLOCATION FOR SHARED SERVICES AND OVERHEADS
Abstract: THE EFFECT OF COST ALLOCATION FOR SHARED SERVICES AND OVERHEADS
This research explores the effect of cost allocation methods fo...
THE IMPORTANCE OF INSTRUCTIONAL MATERIALS ON THE ACADEMIC PERFORMANCE OF SECONDARY SCHOOLS STUDENTS
ABSTRACT
This study was carried out to investigate the importance of
BACKGROUND OF THE STUDY In December 2019, the global population will be awoken to an outbreak of a dise...
Abstract This study investigated the rate and causes of infant mortality. The study was carried out in Irrua Teaching Ho...
Abstract: This study examines the impact of peer mentorship on adult learning outcomes, exploring how peer-to-peer support influences learning...
ABSTRACT This study was carried out to examine the challenges of indigenous building construction firms in Nigeria:...
INVESTIGATION OF OCCUPATIONAL SAFETY AND HEALTH(OSH) COMPLIANCE LEVEL IN ADDRESSING COVID 19 PANDEMIC IN THE INDUSTRIAL SECTOR
THE RATE AND CAUSES OF INFANT MORTALITY
IMPACT OF PEER MENTORSHIP ON ADULT LEARNING OUTCOMES
THE CHALLENGES OF INDIGENOUS BUILDING CONSTRUCTION FIRMS IN NIGERIA (A CASE STUDY OF INDIGENOUS CONSTRUCTION FIRMS IN ENUGU URBAN)
