The Editors are very pleased to present volume 6 of the Asian Yearbook of Human Rights and Humanitarian Law (AYBHRHL). Since its inception in 2017, AYBHRHL has been established as one of the leading Yearbooks engaged with human rights and humanitarian law issues in Asia. Volume 1–5 (published in October 2017, August 2018, July 2019, July 2020, August 2021 respectively) present a testimony to the success of this project as well as to the commitment and resolve of the Committee of Editors and Editorial Board, ably assisted and supported by the International Advisory Board, and by the publishers, Brill | Nijhoff.
Volume 1, with its focused theme ‘ISIS and the Implications for human rights and humanitarian law’, conducted an original, incisive and highly insightful examination of the many complex issues generated by the problematic ‘Islamic State’, ISIS or ‘Da‘esh’.1 A selection of papers presented at the first international conference of AYBHRHL held at Brunel University, London in September 2016 were published in Volume 1 of the Yearbook. The focused theme of Volume 2 of AYBHRHL was ‘Islamic Law and its Implementation in Asia and the Middle East’. The focused theme represented articles, earlier versions of which were presented at the second annual conference for AYBHRHL.2 This conference took place on 6 October 2017 at the British Institute of International and Comparative law, London (BIICL). We were extremely honoured to have the participation of leading scholars and jurists from across the globe in the 2016 and 2017 conferences and indeed in the publication of Volumes 1 and 2.
The publication of Volume 2 in August 2018 was followed by the highly anticipated third annual AYBHRHL conference held at BIICL on 26 October 2018. Coventry Law School, in collaboration BIICL and Brunel Law School organised this third annual international conference entitled: ‘Law, Gender and Sexuality: Challenging Traditional Perspectives’.3 This annual conference and volume 3 of the AYBHRHL was dedicated to the late Ms. Asma Jahangir, one of the leading human rights lawyers and advocates of her generation, and during the conference tributes were paid to Asma Jahangir by a number of delegates. The
There is no doubt that 2020 and 2021 have been the most challenging years in living memory because of the spread of COVID-19 and its implications across the globe. Amidst the enormous loss of life worldwide, AYBHRHL also lost academic colleagues and friends: the losses remain immeasurable and irreparable. That said, and due to the perseverance and commitment of the Committee of Editors and the Editorial Board, the Editors were pleased to successfully produce Volume 4 of the Yearbook.4 Volume 5 of AYBHRHL reflected the analysis and discussion that was the focus of the fourth annual conference, which took place on 14 February 2020 at BIICL. The conference concentrated on thematic issues relating to ‘Law, Culture and Human Rights in Asia and the Middle East’, and a majority of articles published in Volume 5 of AYBHRHL represented papers at the conference. Due to substantial periods of lockdown, it has not been possible to organise any international conferences or events after the 14 February, 2020 conference. However, the Editors were pleased to have the on-time publication of Volume 5 of the Yearbook in August 2021.5
1 Volume 6: Festschrift: Essays in Honour of Professor Shaheen Sardar Ali
Volume 6 is dedicated to Professor Shaheen Sardar Ali, an internationally recognised and eminent Islamic law and human rights scholar. Professor Ali has until recently been the Rector, National Academy for Higher Education, Pakistan and she continues to be Professor of Law, Warwick University, United Kingdom. Professor Ali’s main area of interest and expertise is gender and human rights in Islam and international law. She has published numerous books, journal articles, and chapters in edited books on child rights, rights of women and minorities. Her latest monograph Modern Challenges to Islamic Law (Cambridge University Press, 2016) is a monumental piece of academic scholarship that provides a comprehensive coverage of an array of contemporary issues that include Islamic constitutionalism to family law, Islamic finance, use of internet fatawas, and Sharia Councils and Muslim women’s rights in the British Muslim Diaspora. Professor Ali has been a very good friend of AYBHRHL; she has supported the Yearbook in innumerable ways, including generously agreeing to be part of the International Advisory Board as well as participating in the various conferences and events organised by the AYBHRHL.
In order to recognise her academic and professional achievement, many of her colleagues and students expressed great interest and enthusiasm to contribute to this special volume. Because of the limitations of space and time, the editors were only able to accept a limited number of papers. Amongst the many distinguished academics and friends of Professor Shaheen Sardar Ali writing in this volume include: Professor Surya P. Subedi, QC, OBE, DCL, School of Law, University of Leeds, United Kingdom; Professor Mashood A. Baderin, Professor of Laws, SOAS, University of London; Professor Ann Stewart, Professor of Law, School of Law, Warwick University, United Kingdom; and Dr Nadjma Yassari and Dr Lena-Maria Möller, both from the Max Planck Institute for Comparative and International Private Law, Hamburg, Germany.
Over the years and across the globe, Professor Shaheen Sardar Ali has supervised a number of research students, who after successfully finishing their doctoral degrees are now themselves established academics, scholars or practitioners of law. A number of these former students have also contributed to this special issue of the Yearbook, written to acknowledge, recognize and appreciate her academic contributions. These academics contributing to this volume include: Professor Shahbaz Ahmad Cheema, Professor, University Law College, University of the Punjab, Lahore, Pakistan; Professor Mamman Lawan, Professor and former Dean of Law, Faculty of Law, Bayero University Kano, Nigeria and Senior Advocate of Nigeria (SAN); Musa Usman Abubakar, Barrister and Solicitor of the Supreme Court of Nigeria and Professor of Law, Faculty of Law, Bayero University, Kano, Nigeria; and Dr Ayesha Shahid, Assistant Professor, Coventry Law School, Coventry University, United Kingdom.
2 In Memory of Kamran Arif (Advocate and Human Rights Lawyer)
Volume 6 of AYBHRHL recognises and celebrates the enormous contributions and achievements of Professor Shaheen Sardar through a Festschrift in her honour. However, Volume 6 also mourns the untimely passing of the human rights lawyer and a great friend of AYBHRHL: Mr Kamran Arif. The entire human rights community of South Asia (in particular from Pakistan) was shocked
The Kamran Arif memorial award is to be presented annually to the author of the article judged as the best article for the Volume of the Yearbook. It was agreed that the recipient of the Award would receive a ‘Kamran Arif: Best Article award’ as a certificate signed by the editors of the Yearbook. In addition, Lindy Melman, as publisher of the Yearbook, generously agreed to offer the recipient of the award a book published up to the value of £200. This Volume, therefore, commences with the ‘Kamran Arif Best Article’ award for Volume 6 (2022).
Editorial News and Updates
We are very pleased to announce a number of significant changes for the publication of Volume 7 (due for publication in August 2023). Professor Matthias Vanhullebusch, currently an Associate Editor, will be the incoming General Coordinating Editor and Editor-in-Chief of the AYBHRH. Professor Vanhullebusch will be replacing Professor Javaid Rehman, who was the founding General Coordinating Editor and Editor-in-Chief of the AYBHRHL and will remain associated with the Yearbook in his capacity as member of the Editorial Board. Dr Ayesha Shahid, who was the founding Editor-in-Chief will be replaced by Dr Ben Stanford. Dr Stanford is currently an Associate Editor. Dr Ayesha Shahid would also retain her association with the Yearbook as a member of the Editorial Board. Dr Steve Foster has agreed to continue to serve as Editor-in-Chief until the publication of Volume 7 (2023).
In additional news, the editors are very happy to welcome Dr Alexander Gilder and Dr Andrew G. Jones to the Committee of Editors and to the Editorial Board of AYHRHL. In addition and as always, in our capacity as Editors, we are most thankful to all members of our Committee of Editors as well as to the Editorial Board and to the International Advisory Board for their generous and consistent support in producing this Yearbook.
We are enormously thankful to Brill | Nijhoff, publishers of the AYBHRHL, for their continuous support, notwithstanding challenging circumstances (particularly those confronted as a consequence of the Covid-19 pandemic). Lindy Melman, our publisher, has been a special and true friend: she has been a keen supporter of the Yearbook and we owe a special debt of gratitude for
Since the publication of AYBHRHL in October 2017, the Yearbook, has achieved global recognition; it has received contributions from some of world’s leading academics and its conferences and events have been graced by participation and attendance by well-known human rights lawyers, academic and practitioners. Now, having completed 6 highly successful Volumes – in handing over the AYBHRHL to the new Editors – we wish the incoming Editorial team every success for the future.
March 2022
Please See ‘Focused Theme: ISIS and the Implications for human rights and humanitarian law’ (2017) 1 AYBHRHL 3–136.
Please See ‘Focused Theme: Islamic Law and its Implementation in Asia and the Middle East’ (2018) 2 AYBHRHL 3–173.
Please See ‘Focused Theme: Law, Gender and Sexuality’ (2019) 3 AYBHRHL 3–302.
Please see (2020) 4 AYBHRHL.
Please see (2021) 5 AYBHRHL.