Veröffentlicht seit 1. Januar 2004

Muslim World Journal of Human Rights

ISSN: 1554-4419

Editor-in-Chief: Turan Kayaoglu

Herausgegeben von: Mashood A. Baderin, Mahmood Monshipouri, Lynn Welchman

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Über diese Zeitschrift

Objective
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field.
Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.

Topics

universalism / relativism
individualism / collectivism
positivism / pluralism
deontology / instrumentalism
internationalism / sovereignty

In addition to the theoretical debates noted above, a sampling of the substantive areas to be addressed by the journal’s articles can be seen in the following:

Civil and political rights (e.g., capital punishment, freedom of expression, unlawful detentions, etc.)
Social, economic and cultural rights (e.g., the right to education, health care, labor rights, etc).
Women’s rights and their sociological, political and cultural contexts (e.g., discrimination in family and criminal law, political participation, domestic violence, etc.)
Religious freedom and the rights of religious minorities living in Muslim states (e.g., dhimmah system, apostasy etc.)
The rule of law, constitutionalism and notions of Islamic constitutionalism
The influence of both political Islam and reformist theological and jurisprudential thought on "Islam and human rights" debates
Refugee rights

Article formats
Research articles, Reviews, Book reviews

> Information for authors

Ihre Vorteile

Your benefits:

The only peer-reviewed journal dedicated to the pressing question of human rights in the Muslim world
Scholarly debate on various aspects of the question of human rights as it relates to the Muslim world
International board of leading Islamic studies, Middle Eastern studies and human rights scholars from around the world
Interdisciplinary approach
Novel methods in the field
Rigorous peer-review

Geschichte

Content available since 2004 (Volume 1, Issue 1)

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Band 20 Heft 1

September 2023

Öffentlich zugänglich 1. September 2023

Frontmatter

Seiten: i-iv

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Research Articles

17. Mai 2022

A UPR Perspective on Capital Punishment and the Kingdom of Saudi Arabia

Amna Nazir

Seiten: 1-18

Mehr

Abstract

The Universal Periodic Review (UPR), established in 2006, has been hailed as an innovative mechanism of the United Nations’ Human Rights Council. The peer review mechanism assesses the human rights records of all UN Member States and provides recommendations to further the global promotion and protection of human rights. This article provides an analysis of the Kingdom of Saudi Arabia’s third UPR in 2018 with a specific focus on the State’s use of capital punishment. It explores the challenges faced by the UPR and issues recommendations to foster meaningful discourse, in the international community, to protect the right to life and engender change at the domestic level.

2. Dezember 2022

“Dignity Embodies Duty”: Islamic Perspective on Combating “Hate Speech”

Bilal Ahmad Malik

Seiten: 19-45

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Abstract

Hate speech ( ‘al-jahr bi’-sūʾ min al-qawl in the Qur’anic description) continues to be the subject of contentious debate. Arguably, the notion of “unregulated speech” in the liberal discourse encourages hate speech on the pretext of “defending” the right to freedom of speech. Islam recognises human dignity as the underlying basis of all human rights and freedoms, including the right to freedom of speech. Here arise two core questions. First, is freedom of speech and expression an absolute right or has Islam imposed certain conditions on the human agency while this right is exercised? Second, what do these conditions concerning freedom of speech imply about the regulation of hate speech? I approach these questions by beginning with the introduction of karamah principle followed by an overview of theoretical conceptualisations of free speech in the Western context. Finally, the Islamic position on the subject is brought forth through the conceptual analysis of relevant Islamic texts. The article draws three conclusions. First, human dignity is the intrinsic condition that surpasses all rights and freedoms. Second, the idea of “unregulated speech” is controversial and has been a reason for harming human dignity and making the public discourse inimical to social order. Third, there should be a legal, moral and rational reconciliation between exercising ‘speech limitations’ and ‘free speech’ to ensure sustainable peace and social cohesion.

1. Mai 2023

Prioritizing Religious Freedoms: Islam, Pakistan, and the Human Rights Discourse

Mohammad Waqas Sajjad

Seiten: 47-68

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Abstract

Religious freedoms of minorities in Muslim-majority countries such as Pakistan are compromised due to structural issues as well as social and historical concerns. For instance, the abuse of the blasphemy law has led to minority communities facing threats and violence. And in a country where religious scholars are often absent from, if not against, discourses about human rights, the religious rights of minorities remain a secular and hence culturally unsound discourse. There is thus a need for two parallel movements. One, an awareness within Muslim communities about the need to engage with religious freedoms, and hence the modern human rights regime, as an essentially Islamic process requiring reform from within. And two, the human rights structure also giving religion its due since religious freedoms are part of, and engender, many other rights as well. In this article, a case is made for this dual process, by exploring the work of scholars of Islam such as Abdullahi An-Na’im and Khaled Abou El Fadl as well as the insecurities of religious scholars in Pakistan who have reacted to human rights as a western agenda.

22. Mai 2023

Moderation between Religious Freedom and Harmony Concerning the Regulation on Mosque Loudspeaker: Comparison between Indonesia and Other Muslim Countries

Waryani Fajar Riyanto

Seiten: 69-96

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Abstract

This research explains the comparison of regulations on mosque loudspeakers between Indonesia and Muslim countries in the world. Guidelines for the use of mosque loudspeakers in Indonesia are regulated in the Instruction of the Director-General of Islamic Community Guidance at the Ministry of Religious Affairs Number 101 of 1978 concerning Guidance on the Use of Loudspeakers in Mosques and Musala and the Circular Letter of the Minister of Religion Number 5 of 2022 concerning Guidelines for the Use of Loudspeakers in Mosques and Musala . Primary data of this study includes the 1978 Instructions and the 2022 Circular Letters. Secondary data is obtained from relevant literature sources and regulations on the use of mosque loudspeakers in several Muslim countries in the world, namely Saudi Arabia, Turkey, Syria, Bahrain, United Arab Emirates, Egypt, and Malaysia. This research finds the concept of moderation of regulations on mosque loudspeakers in Indonesia. The findings of this research can be used as a guide model for drafting the contents of mosque loudspeaker regulations in several Muslim countries around the world by relying on three moderate aspects regarding the rules of time (public morals), volume (public health), and sound quality of mosque loudspeakers (public convenience).

Öffentlich zugänglich 9. Juni 2023

An Environmental Human Rights Approach to Environmental Tobacco Smoking

Emrah Akyuz

Seiten: 97-120

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Abstract

While there are legal regulations prohibiting smoking in indoor areas in Turkey, there is none for outdoor areas. Many non-smokers are exposed to environmental tobacco smoking against their will in Turkey. Numerous research efforts have documented the fact that environmental tobacco smoke poses risks to human health because it pollutes the environment by releasing dangerous chemicals into the air that non-smokers breathe. This means that tobacco smoking poses risks to a safe environment and people’s lives. People have a right to the environment, as guaranteed by the Turkish Constitution. Since Stockholm Declaration, many countries have recognized that people have a right to a safe environment or that a safe environment is essential to the enjoyment of human rights, including Turkey. However, how non-smokers perceive of the impacts of environmental tobacco smoke on the enjoyment of the right to the environment enshrined within the Turkish legal system has not been studied to date. Accordingly, this research aims to explore how issues relating to environmental tobacco smoke can be approached from an environmental human rights perspective. To achieve this purpose, a qualitative case study was conducted in Istanbul. The results of this analysis show that non-smokers do not enjoy the right to the clean environment guaranteed by the Turkish Constitution due to the ETS.

Book Review

29. September 2022

Noura Erakat: Justice for Some: Law and the Question of Palestine

Mohd Irwan Syazli Saidin

Seiten: 121-123

Band 7 (2011)

Band 5 (2008)

Heft 1

Band 4 (2007)

Band 3 (2006)

Heft 1 Special Issue: Post-September 11th Developments in Human Rights in the Muslim World

Band 2 (2005)

Heft 1 Special "From the Field" Issue: Islam and Human Rights Advocacy For Social Change In Local Contexts

Band 1 (2004)

Heft 1

CiteScore	0.5	2022, Scopus (Elsevier B.V., 2023)
SCImago Journal Rank	0.116	2022, SJR (Scimago Lab, 2023; Data Source: Scopus)
Source Normalized Impact per Paper	0.915	2022, CWTS Journal Indicators (CWTS B.V., 2023; Data Source: Scopus)

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Editorial

Editor in Chief
Turan Kayaoglu, University of Washington Tacoma

Editors
Mashood Baderin, School of Oriental and African Studies
Mahmood Monshipouri, San Francisco State University
Lynn Welchman, School of Oriental and African Studies

Book Review Editor
Chrystie Flournoy Swiney, Georgetown University

Development Editor
Elizabeth Marsch, American University

Advisory Board
Abdullahi An-Na'Im, Emory Law School
Cherif Bassiouni, DePaul Law School
John L. Esposito, Georgetown University
Abdulaziz A. Sachedina, University of Virginia

Associate Editors
Anthony Chase, Occidental College
Jack Donnelly, University of Denver
Nader Hashemi, University of Denver
Ziba Mir-Hosseini, University of London
Tamara Sonn, The College of William and Mary
Anicée Van Engeland-Nourai, University of Exeter

Former Associate Editors
Tony Anghie, University of Utah Law School
Patrice Brodeur, University of Montreal
Annie Bunting, York University
Peter Danchin, University of Maryland Law School
Fawaz Gerges, Sarah Lawrence College
Marc Gopin, Tufts University
Wael Hallaq, McGill University
Maimul Khan, UC Davis Law School
Charles Kurzman, University of North Carolina
Bruce Lawrence, Duke University
Qudsia Mirza, University of East London
Naz Modirzadeh, Harvard University
Balakrishnan Rajagopal, Massachusetts Institute of Technology
Carrie Rosefsky Wickham, Emory University
Diane Singerman, American University
Madhavi Sunder, UC Davis Law School

(English)

Online ISSN: 1554-4419
Print ISSN: 2194-6558
Typ: Zeitschrift
Sprache: Englisch
Verlag: De Gruyter
Erstveröffentlichung: 1. Januar 2004
Erscheinungsweise: 1 Heft pro Jahr
Zielgruppe: researchers in the field of law, lawyers