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Islam and Human Rights (LAWS90098)
Graduate courseworkPoints: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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Since September 11, 2001, many questions have been raised about Islam and its relationship with human rights. 'Is Islam violent?' 'Why do Muslims hate freedom?' This subject explores how human rights and Islam came to be seen as oppositional. Through an examination of fatwas calling for non-violence, human rights advocacy calling for greater awareness of Islam and others calling to 'ban' Muslims, the subject will bring together the multiple, interlacing discourses that have produced this opposition. It explores how Islamic scholars have sought to synthesise Islamic laws with human rights, and how activists tread a fine line between criticism of religion and advocacy of human rights. The subject provides an introduction to Islamic law, an exploration of the jurisprudence of freedom of religion, a study of the international norms that come into tension with religious tenets, and an assessment of the impact of Islamic, human rights and constitutional laws on current conceptualisations of Islam and human rights.
Principal topics include:
- The history of freedom of religion in the International Covenant on Civil and Political Rights and constitutions across the world
- An introduction to Islamic law with a focus on the example of the legitimacy (or non-legitimacy) of engaging in violence – also known in the media as 'Jihad', as well as an exploration of minority rights in Muslim nations
- A study of the interaction between Islamic legal and human rights discourses and their impact on Muslims and non-Muslims in both Western and Muslim-majority nation-states.
- Introduction of the complexities of Islamic law and its variation across nation-states in the Muslim world
- The history of how the tension between human rights and Islam emerged in the late 20th century
- An analysis of how human rights are deployed by politicians, the media and academics in Western and Muslim-majority nation-states
- A study of the rise of Islamophobia in the 21st century, and the complicated ways in which Islamophobia is articulated in the language of human rights.
Intended learning outcomes
A student who has successfully completed this subject will:
- Attain a holistic understanding of Islamic legal principles and their relationship with human rights
- Understand the relevant international instruments applicable to appreciating the relationship between human rights and Islamic law
- Gain a complex appreciation of how the relationship between human rights and Islam is conceptualized by politicians, media, and academics in Western societies and within Muslim majority nation-states
- Have a deep understanding of freedom of religion through an exploration of human rights jurisprudence in nations worldwide
- Acquire the skills to critically examine the relationship between Islamic legal concepts and human rights concepts, and the potential tensions (as they have been conceptualized in contemporary human rights scholarship), with a focus on political violence and minority rights
- Have a sophisticated appreciation of the complex discourses that have led Islam and human rights to be cast as oppositional
- Understand the rise of Islamophobia in contemporary discourses through an examination of its history, and the social, cultural, and intellectual forms that it takes globally
- Appreciate the history of how Islam and Islamic ideas have impacted, altered, and rearticulated human rights conceptions
- Be able to discuss opportunities to reconceptualise human rights to accommodate Islamic principles in the contemporary period
- Deepen their understandings of the universality – cultural relativity debates.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Admission into a Melbourne Law Masters program
OR
Admission into the MC-JURISD Juris Doctor
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 12 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Simulation exercise | On a day during the teaching period allocated on day one | 20% |
Written assignment on simulation
| 10% | |
Research paper on a topic approved by the subject coordinator
| 70% | |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2020
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 12 November 2022