Cornerstone Barristers’ Post

The Atlas team is pleased to announce the publication of Maria Francesca Cavalcanti's article on the protection of the Islamic minority beyond religious freedom: legal pluralism and reasonable accommodation in Europe. In Europe's diverse societal landscape, the Islamic minority, or a significant portion thereof, strives to live according to Sharia law, especially when family matters are at stake. Even though Sharia law, where its implementation is permitted, has frequently demonstrated its ability to adapt to the national legal contexts (as in the case of Islamic arbitration), in the field of family law, the perception prevails of an irreducible contrast with the values of Western countries: this   is at the roots of the tensions and conflicts with the right of freedom of religion. which can be easily infringed if Muslims are asked to forsake religious tenets or practices that are in contrast with the foundational principles of the secular legal systems. Modern legal orders must thus face the challenge to harmonize the identarian assertions of Islamic communities with the respect of individual rights within these same communities. This article examines the case-law on marriage and family of a few European domestic courts. It aims at unearthing effective legal tools that respect the Islamic minority’s religious identity while upholding the essential tenets of the European legal system, fostering a balance between collective religious identity and individual rights in a multicultural Europe. The article is published in the Journal Stato, Chiese e pluralismo confessionale and is available at  https://lnkd.in/dm9PM4ZH

Restrictions to artistic freedom and artists' interrelated rights through the application of religious values, religious law and other faith based systems is one of the most concerning features of human rights regulation on the African continent. In this article authored with my good friend Anthi Polatidou, we explore some of the complexities of this regulation, and how artists, cultural professionals and artistic practice are impacted. Many thanks to Musa Kika for being in conversation with us on this subject matter.

🌟 Exciting News! 🌟  Very pleased to share that a thought-provoking article, "French Islamophobia: How Orthopraxy Is Conceptualised as a Public Peril," has been published in a special issue of Religions that I’ve had the privilege of co-editing alongside some incredible colleagues. This piece, authored by Christina Lienen and Samir Sweida-Metwally, offers a fresh perspective on the challenges faced by France’s Muslim population, particularly in the context of state policies and public narratives that frame mainstream Islamic practices as "extreme" or incompatible with French secular values. The article critically examines how these measures, often justified under the guise of *laïcité*, disproportionately target ordinary Muslim practices, from dress codes to dietary choices, and how this reflects a broader institutionalised Islamophobia. As editors, we’re very pleased to contribute to this important conversation, throwing light on the intersection of law, religion, and identity in contemporary Europe. This special issue brings together diverse voices and perspectives, aiming to deepen our understanding of the complexities surrounding religious freedom, discrimination, and state neutrality. If you’re interested in exploring these themes further, I highly recommend giving this article a read. It’s a powerful reminder of the need for nuanced, inclusive dialogue in addressing the challenges faced by religious minorities in secular societies. 🔗 [https://lnkd.in/ew9fVJPx]  A huge thank you to all the contributors, reviewers, and my fellow editors for making this special issue possible. #ReligiousFreedom #Islamophobia #Laïcité #Inclusion Dr. Lianne Vostermans (PhD) Richard McNeil-Willson Religions MDPI

Analyzing Religious Repression and Human Rights Violations 🌍 As part of the course Religions and Human Rights, my team and I explored the topic ''Regulation as Control: State Repression of All Religious Groups''. We analyzed four countries, divided into two categories: ➡️ Pre-Religious States: Iran and Saudi Arabia ➡️ Anti-Religious States: China and Azerbaijan Our focus was on Iran and China, examining how governments suppress religious freedoms and violate fundamental human rights. 🕌 Iran: A theocratic regime that uses tools like hijab laws to control women and marginalize minorities such as the Bahá'ís. 🔒 China: A secular authoritarian state employing surveillance, censorship, and persecution against groups like Falun Gong practitioners and Uyghur Muslims. 📌 Human Rights Focus: Highlighted how states violate fundamental rights, including freedom of religion and expression. Explored the societal impacts of repression, such as exclusion and inequality. Emphasized the importance of defending human rights and combating oppression in all its forms. 💡 Spread Awareness! Knowledge is the first step toward change. It’s our responsibility to advocate for religious freedoms and protect human rights across the globe. I’m deeply grateful to my amazing teammates, Elpiniki Paisi (from Greece) and Shima Ghanbari Arvari (from Iran), for their contributions to this project! Let’s keep the conversation and action going! #HumanRights #ReligiousFreedom #Awareness #GlobalIssues #ReligionsAndHumanRights

Religious law and Human Rights in Africa: An Interview with Dr. Musa Kika In our latest article, we explore the complex intersections between religious laws, human rights, and artistic freedom across Africa. 🖋 Authored by Anthi Polatidou and Lisa Sidambe, this piece shares key insights from an interview with Dr. Musa Kika, Executive Director of the Institute for Human Rights and Development in Africa (IHRDA). We dive into pressing issues like judicial oversight ⚖, fair trial rights 📜, and the impact of religiously-driven moral standards on personal freedoms. 🔑 Key Takeaways: - 🌐 How religious law influences legal and moral codes in African societies. - 🏛 The role of secular courts in reviewing religious decisions affecting human rights. - 📈 The importance of aligning national laws with international human rights standards. 👀 Read it below or check it on our website: https://shorturl.at/UWvAB

📜 Renouncing Citizenship as a Stand Against Genocide Israeli author Avi Steinberg made headlines Thursday by announcing his decision to renounce Israeli citizenship, describing it as a "tool of genocide." Writing for the left-leaning publication Truthout, Steinberg accused Israeli citizenship of legitimizing settler colonialism and perpetuating violent crimes under a veneer of legality. Born in occupied Jerusalem to American parents, Steinberg grew up in an Orthodox Jewish setting but came to question the systemic injustices surrounding him. Citing laws such as the 1948 Declaration of Independence, the 1950 Law of Return, and the 1952 Citizenship Law, he outlined how these legal frameworks entrenched discrimination and sought to obscure the horrors of the 1948 Nakba, during which 80% of the Palestinian population was violently expelled. Steinberg reflected on his childhood in a home stolen from a Palestinian family who were forcibly exiled to Jordan. This "1-to-1 replacement," as he described it, was not a hidden injustice but a selling point for settlers drawn to the "native Arab charm" of depopulated villages. He condemned this act as emblematic of Zionism’s inherent betrayal of justice and its severance from Jewish history and ethics. Quoting the Torah, Steinberg pointed out its prophetic rebukes against abuses of state power, contrasting this with the nationalism that manipulates religious texts to justify oppression. He rejected the false equivalence between Zionism and Judaism, asserting that Zionism has no roots in authentic Jewish teachings or history. Steinberg’s powerful renunciation is a challenge to anyone who defends systemic violence under the guise of legality or tradition. It raises profound questions: How do we confront ideologies that weaponize citizenship, religion, and law for oppression? And what does it truly mean to stand for justice in a world dominated by colonial narratives? #Palestine #Gaza #JusticeForAll #HumanRights #Peace #Jerusalem #GazaUnderAttack #WorldSolidarity #HopeForHumanity #IsraelPalestineConflict #MiddleEastCrisis #PrayForGaza #StandWithPalestine #EndTheViolence #PeaceInTheMiddleEast #VoicesForPeace

Proud to announce the publication of my latest research paper: ISLAM, RELIGIOUS FREEDOM, INTERNATIONAL HUMAN RIGHTS, AND THE JUSTICE SYSTEM OF PAKISTAN: A CRITICAL ANALYSIS, in PAKISTAN ISLAMICUS (An International Journal of Islamic and Social Sciences) October-December, 2024, Volume: 04, Issue: 04 Pages: 01-08 This research delves into the intricate relationship between Islam, international human rights, and the Pakistani justice system. We critically analyze how the system has protected religious freedoms, exploring the legal framework, judicial decisions, and Islamic perspectives. Key findings: Islam has long acknowledged and protected religious freedom. Pakistan’s Constitution recognizes religious freedom as an independent human right. The judiciary supports religious freedom but calls for measures to prevent misuse of religious penal provisions. This work contributes to the ongoing discourse on religious freedom and offers valuable insights for future research. #academicresearch #religiousfreedom #humanrights #Pakistan #IslamicStudies #law #justice #internationallaw

Laws are enacted in pursuant to the norms of society concerned. When they regards the norms are against the parameters of society, the norms become legally binding values so enforce throughout society as long as there are procedures that legitimize the values to be laws. In this case, of course the state assembly or federal legislative assembly, where representatives of federal and states in sitting. In this coming years, the plethora of laws have move from being parameters of society to individual rights, as what they fight for in Europe. So cultural preference, religious beliefs and personality traits as individual rights may override the parameters of society as majority. The movement has been there past these whole years. It is interesting to see whether this rules may affect public perspective in German or not afterwards, especially when relate to Islam. To be fair, we have also a range of cases that encompasses right to appearance as per religious beliefs as to right to wear purdah in Hajah Halimatusaadiah's case against JPA and of course the Turban Case in the case of a student in Jempol against the School and the State due to circulars, in the 90s and 2000. https://lnkd.in/gF99tX8h

Mufti Bill 2024: Strengthening Religious Authority or Restricting Personal Freedom? The recently-tabled Mufti (Federal Territories) Bill 2024 ("the Mufti Bill") has ignited widespread discussions across the country as it approaches its second and third readings this week. The Mufti Bill proposes to define the role, duties, and powers of the Mufti in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. At its core, the Bill aims to strengthen the institution of fatwa by granting the Mufti the position as the chief authority to advise and assist the King on matters of Islamic law within these territories. Under the proposed law, the Mufti would be tasked with advising the King on all aspects of Islamic law and would hold significant influence over the issuance of fatwas. The Bill outlines procedures for the formal gazetting of fatwas, elevating them from advisory opinions to enforceable legal rulings that must be adhered to by Muslims within the Federal Territories. Proponents contend that it is a timely measure to enhance the clarity and authority of the fatwa institution, and as an attempt to preserve the sanctity of Islamic rulings, and to ensure uniformity in religious practice. Additionally, they believe that the Bill could curb potential abuses of the fatwa process by clearly defining the Mufti’s powers and by reinforcing the role of fatwas in guiding the lives of Muslims in a formal, structured manner. However, the Mufti Bill has not been without its critics. Some politicians, legal practitioners and scholars have expressed concerns about the far-reaching implications of making fatwas legally binding. Critics argue that this could interfere with the personal rights and religious freedoms of individual Muslims as enshrined in the Federal Constitution. There is also apprehension regarding the broad powers conferred upon the Mufti, with some suggesting that this level of authority might lead to an erosion of checks and balances within the religious and legal systems in the Federal Territories. As the Mufti Bill moves forward, the central question remains: does this legislation strike the right balance between reinforcing religious authority and safeguarding individual freedoms? Is this a necessary step for the governance of Islamic law, or does it open the door to potential overreach? #MuftiBill2024 By: Siti Sarah Ikmal Hisham https://lnkd.in/geU69VsN