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Religious rights and the State: a comparative perspective of international human rights laws and national (state) constitutions

Mokhtar, Khairil Azmin (2011) Religious rights and the State: a comparative perspective of international human rights laws and national (state) constitutions. In: Symposium on law and morality, 17th – 18th October 2011, Banguet Hall, Level 5 Rectory Building, IIUM Gombak. (Unpublished)

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This paper advances the argument that conferment of special status of a religion does not impede religious freedom in a country and the secular status of a country also does not guarantee religious freedom. The hypotheses are backed by two arguments. First in countries that provide special recognition of a religion religious rights of other religions are guaranteed in the constitutions of the respective countries. Furthermore international human rights law which being used as benchmark of religious rights in a country provide for guarantees for religious freedom. Even in a country that gives special recognition of a religion such as Islam in Malaysia, the freedom of religion of people professing Islam is curtailed in many respects compared to people of other religion when case laws are considered. This can be observed in cases regarding wearing of purdah and serban, not to mention implementation of Islamic law on matters relating to public law. Second point is that in countries that proclaim to be secular there are cases where religious freedoms are denied for instance the prohibition of wearing hijab in France and a few other countries. Furthermore rights of the people to adhere to and be governed by their personal law such as Islamic family law and inheritance are not recognized by the state due to its non-involvement with religious affairs.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 1650/16699
Uncontrolled Keywords: religious rights, international human rights, state constitutions
Subjects: K Law > KBP Islamic Law
K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Assoc Prof Khairil Azmin Datuk Mokhtar
Date Deposited: 26 Jan 2012 08:51
Last Modified: 26 Jan 2012 08:51
URI: http://irep.iium.edu.my/id/eprint/16699

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