Human-Rights

Type: Publication

Author(s):

Summary: 

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Noting that the Welfare Party had pledged to set up a regime based on sharia law, the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that “sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it”. According to the Court, it was difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverged from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervened in all spheres of private and public life in accordance with religious precepts.

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With regard to the main grounds for dissolution, these could be classified into three main groups:

(i) a plurality of legal systems cannot be considered compatible with the Convention system, as it would introduce a distinction between individuals based on religion and thus, firstly, do away with the Stateís role as the guarantor of individual rights and freedoms and the impartial organiser of the practice of different religions and beliefs and, secondly, create an unacceptable discrimination;

(ii) as to the application of sharia within the context of such a plurality of systems, explicitly proposed in certain of the statements referred to, the Court accepted the Constitutional Courtís conclusion that these statements formed a whole and gave a clear picture of a model proposed by Refah of a state and society organised according to religious rules; however, sharia is incompatible with the fundamental principles of democracy, since principles such as pluralism in the political sphere and the constant evolution of public freedoms have no place in it and a regime based on sharia clearly diverges from Convention values; Contracting States may oppose political movements based on religious fundamentalism in the light of their historical experience, and taking into account the importance of the principle of secularism in Turkey the Constitutional Court was justified in holding that Refahís policy of establishing sharia was incompatible with democracy;

(iii) as to the relationship between sharia and the plurality of legal systems, Refahís policy was to apply some of shariaís private law rules to the Muslim population in the framework of a plurality of legal systems; however, such a policy goes beyond the freedom of individuals to observe the precepts of their religion and falls outside the private sphere to which Turkey confines religion, thus suffering from the same contradictions with the Convention system as the introduction of sharia; freedom of religion, including freedom to manifest religion, is primarily a matter of individual conscience and the sphere of individual conscience is quite different from the field of private law, which concerns the organisation and functioning of society ñ it had not been disputed that in Turkey everyone can observe in his private life the requirements of his religion but on the other hand any State may legitimately prevent the application within its jurisdiction of private law rules of religious inspiration prejudicial to public order and the values of democracy;

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Abstract Islam is more than a religion, it encompasses faith, culture, law and the social order. Islam proposes a society of righteousness and justice. Criminal behaviour is not tolerated in the Islamic order of society. Criminal behaviour is breach of God’s sovereignty, hence stiffer penalties are prescribed. This paper examines hudud punishments in Islamic penal system, and agitates for the reformation of Islamic criminal jurisprudence. While it is reasonable to punish offenders, and violators of normative principles, it is the opinion of this paper that punishments that are prescribed in municipal penal code should at least conform to international criminal jurisprudence. 

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Civil liberties like freedom of thought, conscience and religion, and religious liberties are criminal offenses punishable under Hudud crimes in Islam. Criminal procedure under shariah does not allow cross-examination of witness, or rebuttal testimony by the accused. The rules of evidence in Islamic criminal law exclude all men who lack credibility, and integrity in society (non-adl).  Women and non-Muslims are not allowed to testify. There is no provision for jury trial, or appeals.

Type: Article

ECHR Judgement Summary: "sharia law is incompatible with democracy and human rights"

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Type: News

Country: 
India
News Date: 
20/10/2016
Summary: 

A women’s group is calling for Sharia courts to be banned in India to stop inequality and violations of human rights. The Muslim Women’s Quest for Equality (MWQE) has filed an affidavit arguing the courts, which govern marriage, divorce and family cases for India’s 150 million Muslims, should not be allowed to function as a parallel judiciary.

Country: 
Iran (Islamic Republic of)
News Date: 
03/02/2017
Summary: 

A WOMAN will be blinded in one eye in Iran after a judge ruled she should suffer an ‘eye for an eye’ punishment under Sharia Law. The country’s Supreme Court made the decision after the defendant, who has not been named, carried out an acid attack which left her victim without sight. The woman threw acid in the face of her victim, Sima, in Dehdasht a city in the south-west of the Middle East country, two years ago, according to the Iranian news agency Tasnim. Head of the country’s judiciary Majid Karami said: “The sentence to blindness in one eye, payment of blood money [compensation], and

Country: 
Saudi Arabia
News Date: 
07/10/2016
Summary: 

Bandar Bin Mohammed Al-Aiban, chairman of the Saudi Human Rights Commission, who led a Saudi delegation to the committee's review, told the body that "Islamic sharia (law) was above all laws and treaties, including the Convention on the Rights of the Child", according to a U.N. summary of the review last month. But the kingdom had the "political will" to "promote all human rights and particularly the rights of children", he said.

Country: 
Saudi Arabia
News Date: 
08/10/2016
Summary: 

The United Nations has called on Saudi Arabia to repeal laws that allow stoning, amputation, flogging and execution of children. Children over 15 years are tried as adults and can be executed, "after trials falling short of guarantees of due process and a fair trial", according to the report by the UN Committee on the Rights of the Child.

Country: 
Sudan (the)
News Date: 
13/04/2012

Type: Opinion

Summary: 
  • While the medieval Saudi system of justice was flogging the gentle blogger Raif Badawi 50 out of the stipulated 1000 lashes, a delegation of UN bureaucrats landed in Jeddah to promote an international conference on religious freedom.

  • The Saudis use these international seats to advance their oppressive agenda, and to press the Western democracies to punish criticism of Islam.

  • Through the shameful trial of Geert Wilders, Dutch authorities sent a message of surrender to the Saudis and other rogue Islamic regimes that punish dissent.

  • Did the Dutch prosecute Wilders on behalf of the Saudis, who threatened to impose sanctions on the Netherlands?

  • The UN and the Western democracies are putting the defense of human rights and freedom in the hands of one the world's worst violators of religious and intellectual freedom.

  • Sharia courts are already fully operating in the Netherlands. They know something about "human rights": stoning, flogging and chopping off heads.

  • Who will rescue our right to speak?

Summary: 

No intelligent government should impair the right of free speech to placate people who falsely claim they are victims when often they are, in fact, aggressors.

To the 57 members of the Organization of Islamic Cooperation, however, all human rights must first be based on Islamic religious law, Sharia: whatever is inside Sharia is a human right, whatever is outside Sharia is not a human right.

Therefore, slavery or having sex with children or beating one's wife, or calling rapes that do not have four witnesses adultery the punishment for which is death, or a woman officially having half the worth of a man, are all "human rights."

Soft jihad includes rewriting history as with the UNESCO vote claiming that ancient Biblical monuments such as Rachel's Tomb or the Cave of the Patriarchs are Islamic, when historically Islam did not even exist until the seventh century; migration to widen Islam (hijrah), as we are seeing now in Europe and Turkish threats to flood Germany with migrants; cultural penetration such as promoting Islam in school textbooks or tailoring curricula for "political correctness"; political and educational infiltration, as well as intimidation (soft jihad with the threat of hard jihad just underneath it).

More regrettable is that these are so often done, as at UNESCO, with the help and complicity of the West.

Summary: 
  • French politicians seem to believe they are elected NOT to defend French people and the French nation, but to impose a "human rights ideology" on society.
  • The rule of law is there to protect citizens from the arbitrary actions of the State. When a group of French Muslims attacks the entire way society is constructed, the rule of law now protects only the perpetrators.
  • For Western leaders, "human rights" have become a kind of new religion. Like a disease, the human rights ideology has proliferated in all areas of life. The UN website shows a list of all the human rights that are now institutionalized: they range from "adequate housing" to "youth." At least 42 categories of human rights fields are determined, each of which are split into two or three subcategories.
  • With what result? More than 140 countries (out of 193 UN members) engage in torture. The number of authoritarian countries has increased. Women remain a subordinate class in nearly all countries.
  • "Saudi Arabia ratified the treaty banning discrimination against women in 2007, and yet by law subordinates women to men in all areas of life. Child labour exists in countries that have ratified the Convention on the Rights of the Child. Powerful western countries, including the US, do business with grave human rights abusers." — Eric Posner, professor at the University of Chicago Law School.
  • Human rights, originally conceived of as an anti-discrimination tool, became a Trojan horse, a tool manipulated by Islamists and others to dismantle secularism, freedom of speech and freedom of religion in European countries.
Summary: 

In 1999 the case of Redmond-Bate v DPP went before the Queen’s Bench Division of the High Court. The circumstances of the conviction had been the following: R-B was one of three Christian women preaching from the steps of a cathedral. Complaints were made about them and a police officer warned the women not to stop pedestrians. The officer returned later to find a crowd had gathered and that some of its members were now angry with the preachers. The officer feared a breach of the peace and asked the women to desist. When they refused, they were arrested. R-B was later convicted of obstruction. Lord Justice Sedley quashed the conviction, noting that “a key question for the constable was, from whom was the threat coming, the preachers or the crowd; because it was there that the preventive action should have been directed.”

Summary: 

Campaign groups and human rights activists have signed an open letter to Theresa May warning that the Home Secretary's sharia review will "do nothing" to address sharia councils' discrimination against women. The Home Office review has been criticised for neglecting human rights and constituting a panel "more suited to a discussion in theology than one which serves the needs of victims whose human rights are violated."

Type: Video

Summary: 

We can learn a lot about the Islamic world view by knowing what Islam thinks human rights are. Warning: it is not a good world for the Kafir.

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