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Orientalism Revisited in Asylum and Refugee Claims

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However, the ethical principles of the Old and New Testaments are embodied in the Qur'an, along with subsequent revelations to the Prophet Muhammad. All translations, unless otherwise noted, are from Abdullah Yusuf Ali's Text, Translation and Commentary of the Glorious Qur'an (3rd edition, Cairo, 1938). There is a great deal of inconsistency and disagreement in the interpretations of the content of these sources and the interpretations that compare the sources with each other.

Scholars agree that there was a major split in the development of Islamic law from the 10th century, when Islamic religious jurists formed schools of interpretation, created normative rules for the Sunnah, and discouraged new or individual interpretations of the Qur'an or hadith . Modern writers blame the patriarchal interpretations of the Qur'an both on the incorporation of pre-Islamic customs, the patriarchy of the early scholars, and on the suppression of individualism. Muslims believe that the word of God as embodied in the Qur'an is immutable, and thus no word of the original Arabic text has ever been changed.

It is the Qur'an, interpreted by the collectors of hadith jurists, which has become the core of Islamic traditions. However, it is the official doctrine of the Kingdom of Saudi Arabia, revived by Muhammad Ibn Abdul Wahhab in the nineteenth century. The Australian Guide states: “In certain societies, the role attributed to women may be attributed to the requirements of the state or official religion.

The dangers of the theory of 'women as a social group' or 'gender-based persecution' in the Muslim context is best illustrated in a well-known series of U.S.

Presentation of asylum claims in the Islamic context that are factually incorrect

In Bastanipour's case, the weaknesses of the statements and analysis of "Islamic" law compared to Iranian law could be his Achilles' heel. The first aspect of error is the absolute belief that Islamic law requires the death penalty for apostasy. Among his conclusions are: "Our study of the relevant Qur'anic verses establishes that the punishment for apostasy is transferred to the Hereafter, in the same way as for original disbelief."

There is no mention in the Qur'an of worldly punishment for apostasy on the part of the believer, except in the form of deprivation of the spiritual benefits of Islam or of the civil status and advantages due to the individual. Not only is there no specific provision in the Qur'an prescribing punishment for the apostate in the phenomenal world, but several verses of the Holy Book foresee the natural death of the apostate in his state of unbelief and even contemplate repeated apostasy and return to the true faith': ibid. , 131. Careful examination of the application of the principle of punishment for apostasy reflects not religious but political interpretations.

Say: Nay, rather the religion of Ibrahim, the upright, and he was not one of the polytheists. For an excellent overview of the Qur'anic precepts prohibiting coercion in religion and showing tolerance of other religions, see Riffat Hassan, "Are Human Rights Compatible with Islam?" in her monograph Women's Rights and Islam: From the ICPD to Beijing, submitted to the United Nations Fourth Conference on Women in Beijing, China, 21–3. 62 Amnesty International, 'Iran: Human Rights Violations: Documents Sent by Amnesty International from the Islamic Republic of Iran.

For example, a prominent Sunni leader was executed in Iran in 1992 on charges of the religious offenses of adultery and 'homosexuality', as well as espionage for the US and Iraq. In Elnager's case, a more accurate presentation of the likely prosecution he faced should have included the following evidence. A more analytical interpretation of the effect of 'Islamic law' on his claim of persecution may have won the case.

64 Ordinance XX of the Pakistan Penal Code declares members of the Ahmediyya, or Qadiayani, sect to be non-Muslims, and prohibits them from engaging in many of the religious practices of Islam. For cases of members of the Ahmediyya sect seeking asylum in Canada based on Pakistan's Ordinance, see CRDD No. Youssef Ibrahim, 'Egypt Fights Militant Islam with More of the Same': New York Times, 18 Aug.

Accounts of women’s persecution that silence women refugees from expressing religious or political beliefs

The social group was defined by the BIA in its report as "a social group of upper-class Iranian women who supported the Shah of Iran, a group of educated Western free-thinking individuals". to be persecuted solely because she was a woman.78 The court rejected this claim, saying that according to the minutes there was not enough evidence that Fatin was persecuted solely on the basis of her gender.79 However, the court took into account the evidence of the narrower social group Fatin described more precisely . Since the overthrow of the Shah and the Islamic Revolution in Iran, persons like her who have fundamentally disagreed with the regime's interpretation of Islamic demands have been persecuted, either because they would not conform or because they would be forced to conform. adapted, rejected their fundamental foundations. religious beliefs. Women who belonged to one group or the other would most likely be persecuted because women as a whole were especially targeted by many of the new laws.

In support of her position, she could have provided expert testimony about the wide variety of interpretation of the laws regarding women in the Islamic world, the lack of consensus and the enormous debate about the validity of any application of Koranic injunctions to oppress women. .92 Furthermore, she could have provided evidence of the use of such prescriptions to consolidate political power by the Iranian theocracy. 92 For some of the growing literature examining the validity of any Qur'anic requirement of. She could have made available some of the abundant documentation about the harsh treatment of political and religious opponents by the regime, and the disproportionate impact these harsh punishments have on women in Iran.94.

The 'veil', like other issues addressed in this article, cannot be so simply denigrated as another symbol of the oppressive nature of Islam. The court's characterization of the first of her social group claims was that: "Safaie claims that Iranian women, by virtue of their innate characteristics (their gender) and the severe restrictions placed upon them, are a special social group."98 . If the courts are so inclined to disregard evidence of serious abuse, then there is no guarantee that they will assess the likelihood of the risk that the social group and the religious/political dissident's justifications change as suggested in this article. applicants far more favorable to the refugee.

The clothing worn in countries where Islam is practiced reflects the same diversity as elsewhere in the world. It also silences the refugee woman's voice to prevent her from articulating her opposition to the government's actions, which she fears as political opinion. Second, in assessing the risk she faced, there are two aspects to this analysis: (1) the severity of the type of persecution and (2) the likelihood that she would be subjected to persecution.

The record was unclear as to the basis of one of the confrontations mentioned by the Court in which. Although calling for reconsideration of the case under the Gender Guidelines112, the dissent presents a very thoughtful analysis that recognized Hassib-Tehran's dilemma as a Muslim dissident and a woman. The repression of critics of the state's political and religious policies is harsh. 120.

Riffat Hassan grounds his analysis of Islamic references to dress by starting with the premise, repeated throughout the Qur’an, that men and women are modest. In his review of the main Qur'anic verses regarding dress, he finds no support for requiring women to wear the "veil" or for any restriction on women's freedom of action, movement, or relationships.

Conclusion

This allows her to express her full experience of persecution without requiring her to renounce her faith in order to do so.

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