Kanun: Jurnal Ilmu Hukum
Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective

ASSESSING FREEDOM OF RELIGION PRACTICES: A COMPARATIVE ANALYSIS OF HIJAB BANS IN FRANCE AND COMPULSORY HIJAB IN IRAN AND ACEH, INDONESIA

Oktavian, Zalza Mayu (Unknown)
Batasyam, Saifuddin (Unknown)



Article Info

Publish Date
29 Apr 2024

Abstract

This article examines the freedom of religion practices in relation to hijab bans in France under Law No. 2010-199, compulsory hijab in Iran as per the Islamic Penal Code of Iran 1991, and in Aceh province, Indonesia governed by Aceh Government Law (Qanun). The article adopts a juridical-normative approach with a comparative analysis. The findings indicate that the enforcement of compulsory hijab in Aceh, Indonesia aligns with freedom of religion, making it a suitable model for such regulations. Conversely, the French and Iranian governments have faced challenges in addressing discrimination stemming from their respective regulations, thereby violating Article 18 of the Universal Declaration of Human Rights (UDHR) 1948 and the International Covenant on Civil and Political Rights (ICCPR) 1976, as well as Islamic principles and the Maqasid Shariah. The study recommends that the governments of France and Iran reassess their policies on hijab bans and compulsory hijab in accordance with international human rights standards, Islamic values, and the principles of Maqasid Shariah.

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...