Islam and the West: The Limits of Freedom of Religion

Description

Religious Intolerance is on the rise. Debating religious freedom often means debating «West» versus «Islam». This book challenges crucial stereotypes around this issue. It explores the scope of the right to freedom of religion in the International Treaties and Declarations and investigates why this right creates misunderstandings and misconceptions that often lead to intolerance and discrimination in countries of various political, social, and cultural backgrounds. Islam and the West attempts to find reasons for the rise of religious intolerance. The author looks at the limitation of the religious symbols law in France and the anti-terrorism measures in the USA; she discusses also Religious minorities and Apostasy in Saudia Arabia and Egypt. Furthermore, she calls for extending the scope, asking questions such as: How do societies deal with different religions and beliefs? How could and do they find ways of reconciling their conflicting demands while protecting human worth? How can universal values be found and established? Cover Content 5 List of Abbreviations 9 List of Arabic Terms 11 Introduction 13 Part 1 The Right of Minorities to Freedom of Thought, Conscience, and Religion 23 1. The Right to Freedom of Thought, Conscience, and Religion 25 1.1 International Instruments for the Protection of Freedom of Religion or Belief 28 1.1.1 The Universal Declaration of Human Rights 30 1.1.2 The International Covenant on Civil and Political Rights 32 1.1.3 The International Covenant on Economic, Social and Cultural Rights 37 1.1.4 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 1981 38 1.2 The Scope of Freedom of Religion or Belief 39 1.2.1 Defining Religion 41 1.2.2 The Right to Have a Religion 45 1.2.3 The Right to Manifest Religion or Belief 48 1.2.4 Freedom to Change Religion or Belief 52 1.2.5 Non-derogable Right 59 1.3 Intersection of Freedom of Religion or Belief with Freedom of Expression 61 1.3.1 Freedom of Expression 62 1.3.2 The Balance between Freedom of Religion or Belief and Freedom of Expression 63 2. Religious Minorities 65 2.1 Defining Minority 67 2.2 The Rights of Religious Minorities in the UN System 70 2.2.1 International Covenant on Civil and Political Rights 70 2.2.2 The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 73 2.3 Prohibition of Discrimination against Religious Minorities 77 2.4 Integration of Religious Minorities 83 3. Conclusion 93 Part 2 Limits of Muslims’ Freedom of Religion in the West 97 1. Muslims in France and the United States 99 1.1 Muslims in France 99 1.2 Muslims in the United States of America 102 2. The Western Perception of Islam and Islamophobia 103 3. Limits on Freedom of Religion of Muslims in the West 111 3.1 Religious Symbols Controversy in France 112 3.1.1 The Law on Religious Symbols in France 112 3.1.2 Religious Symbols and The European Court of Human Rights 117 3.1.3 Reasons for Banning the Headscarf 120 3.1.4 Arguments Against Banning the Headscarf 125 3.1.5 Conclusion 141 3.2 The USA Counter Terrorism Measures and their Effect on Muslims 143 3.2.1 Religious Profiling of Muslims in the Context of Countering Terrorism by the USA 145 3.2.2 Anti-terror Measures and Religious Profiling 149 3.2.3 Preventive Detentions and Religious Discrimination in Prison Setting 166 3.3 Religious Vilification against Muslims in the West 180 3.3.1 Religious Vilification’ against Muslims and Freedom of Expression 188 3.3.2 The Danish Cartoon Controversy 189 3.3.3 Balance between Freedom of Expression and Freedom of Religion 197 4. Conclusion 203 Part 3 Limits of Freedom of Religion or Belief in Arab States 209 1. Historical Background of the Arab States 211 1.1 Diversity and Unity of the Arab State 212 1.2 The Tension between the West and Muslims in Arab States 214 1.2.1 Supporting the Authoritarian Regimes 217 1.2.2 Foreign Policies of the United States of America in the Region 219 1.3 Religious Demography and Legal Framework in Egypt and Saudi Arabia 223 2. Freedom of Religion or Belief of Religious Minorities in Islam and the Refutation of the Misconceived Allegations Associated with this Right 229 2.1 Difference between Islam and Islamic law (Shar’ia) 229 2.1.1 Primary Sources of Shari’a 231 2.1.2 Secondary Sources of Shari’a 234 2.2 Islam and the Welfare of Humanity 238 2.3 Islam is a Balance between Rights and Duties 241 2.4 Problem areas with the Right to Freedom of Religion in Saudi Arabia and Egypt 246 2.4.1 Apostasy: Definition and Parameter 246 2.4.2 The rights of Religious Minorities in Egypt and Saudi Arabia 268 2.4.3 Lack of Democracy in Saudi Arabia and Egypt 294 3. Conclusion 309 Concluding Remarks Challenges to Freedom of Religion or Belief 313 Bibliography 323