ABSTRACT

This chapter discusses the conception of the protection of religious minorities within Islam in international human rights law and Islamic law. The objective in using these two legal systems is to design more comprehensive protection for religious minorities within Islam. The chapter analyses international human rights instruments because they present the most authoritative sources to protect religious minorities. The analysis includes how international human rights law recognises and protects religious minorities within Islam and how some Muslim countries deal with this protection scheme. On the other hand, the chapter also examines Islamic law because it is authoritative in defining apostasy, blasphemy and heresy, which are usually related to the existence of religious minorities within Islam. The more significant discussion of Islamic law is also to examine the internal dimension of fundamental protection for religious minorities within Islam. The debate between moderate and conservative voices of human rights in Islam, including the rights of religious minorities within Islam, is also examined to illustrate the dynamic paradigm of human rights in Islamic law.