THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES
With the constant reoccurrence of the question of peaceful coexistence among people of different religions, legal traditions, and understandings of freedom and human nature, there is a need for a fresh study of the concept of freedom of conscience. This article addresses conceptual, doctrinal, and n...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Mykolas Romeris University
2021-06-01
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| Series: | International Comparative Jurisprudence |
| Subjects: | |
| Online Access: | https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/6563 |
| _version_ | 1819154585148719104 |
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| author | Juozas Valčiukas Mohammad Khazer Saleh Al Majali |
| author_facet | Juozas Valčiukas Mohammad Khazer Saleh Al Majali |
| author_sort | Juozas Valčiukas |
| collection | DOAJ |
| description | With the constant reoccurrence of the question of peaceful coexistence among people of different religions, legal traditions, and understandings of freedom and human nature, there is a need for a fresh study of the concept of freedom of conscience. This article addresses conceptual, doctrinal, and normative issues relating to the concept of freedom of conscience as a human right by examining it from Islamic and Western perspectives. Chapter 1 of this paper considers the Western perspective on the right to freedom of conscience in three key areas. The religious, philosophical, and legal aspects of this concept receive particular attention in an attempt to discern the essence of what freedom of conscience means in the West. To understand how this concept is articulated in legal terms, this article analyses both its national and international legal bases, alongside the relevant case law of the European Court of Human Rights. Chapter 2 of this paper is devoted to the study of the Islamic perspective on the concept of freedom in general and on the right to freedom of conscience in particular, in order to ascertain whether or not this right exists in Islamic legal tradition. In doing so, this paper explores the most fundamental Islamic sources – namely, the Quran and the Sunna – in order to understand the role that this freedom plays in them. Two constitutional examples from Jordan and Qatar are then analyzed, before final conclusions are delivered. |
| first_indexed | 2024-12-22T15:23:25Z |
| format | Article |
| id | doaj.art-3162f8d39b3a411d8a904af262252ff1 |
| institution | Directory Open Access Journal |
| issn | 2351-6674 2351-6674 |
| language | English |
| last_indexed | 2024-12-22T15:23:25Z |
| publishDate | 2021-06-01 |
| publisher | Mykolas Romeris University |
| record_format | Article |
| series | International Comparative Jurisprudence |
| spelling | doaj.art-3162f8d39b3a411d8a904af262252ff12022-12-21T18:21:33ZengMykolas Romeris UniversityInternational Comparative Jurisprudence2351-66742351-66742021-06-017110.13165/j.icj.2021.06.001THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVESJuozas ValčiukasMohammad Khazer Saleh Al MajaliWith the constant reoccurrence of the question of peaceful coexistence among people of different religions, legal traditions, and understandings of freedom and human nature, there is a need for a fresh study of the concept of freedom of conscience. This article addresses conceptual, doctrinal, and normative issues relating to the concept of freedom of conscience as a human right by examining it from Islamic and Western perspectives. Chapter 1 of this paper considers the Western perspective on the right to freedom of conscience in three key areas. The religious, philosophical, and legal aspects of this concept receive particular attention in an attempt to discern the essence of what freedom of conscience means in the West. To understand how this concept is articulated in legal terms, this article analyses both its national and international legal bases, alongside the relevant case law of the European Court of Human Rights. Chapter 2 of this paper is devoted to the study of the Islamic perspective on the concept of freedom in general and on the right to freedom of conscience in particular, in order to ascertain whether or not this right exists in Islamic legal tradition. In doing so, this paper explores the most fundamental Islamic sources – namely, the Quran and the Sunna – in order to understand the role that this freedom plays in them. Two constitutional examples from Jordan and Qatar are then analyzed, before final conclusions are delivered.https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/6563conscienceright to freedom of consciencereligious freedomwestern legal traditionislamislamic law |
| spellingShingle | Juozas Valčiukas Mohammad Khazer Saleh Al Majali THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES International Comparative Jurisprudence conscience right to freedom of conscience religious freedom western legal tradition islam islamic law |
| title | THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES |
| title_full | THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES |
| title_fullStr | THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES |
| title_full_unstemmed | THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES |
| title_short | THE RIGHT TO FREEDOM OF CONSCIENCE: WESTERN AND ISLAMIC PERSPECTIVES |
| title_sort | right to freedom of conscience western and islamic perspectives |
| topic | conscience right to freedom of conscience religious freedom western legal tradition islam islamic law |
| url | https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/6563 |
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