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Freedom of Religion and Religious Diversity
Today, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism ...
Nonreligion in Late Modern Societies
This volume presents results from new and ongoing research efforts into the role of nonreligion in education, politics, law and society from a variety of different countries. Featuring data from a wide range of quantitative and qualitative studies, the book exposes the relational dynamics of religion and nonreligion. Firstly, it highlights the extent to which nonreligion is defined and understood by legal and institutional actors on the basis of religions, and often replicates the organisation of society and majority religions. At the same time, it displays how essential it is to approach nonreligion on its own, by freeing oneself from the frameworks from which religion is thought. The book ...
Religious Freedom in Secular States
What constitutes the core values, tenets, cultural, historic, and ideological parameters of secularism in international contexts? In twelve chapters, this edited work examines current tensions in liberal secular states where myriad rights and freedoms compete regarding education, healthcare, end-of-life choices, clothing, sexual orientation, reproduction, and minority interests. It explores the legal complexity of defining a ‘religion’ through judicial decisions and scrutinises Christianity, Hinduism and Islam’s relative success in accommodating religious pluralism. Part One explores the religious practice and persecution nexus, COVID-19’s effect on religious freedom, religious education, burqas/headscarves, and religious culture in civil law. Part Two explores the constitutional principle of secularism in Member States of the Council of Europe, US Religious Clauses, and religious freedom in South Africa, UK, Australia, and India.
Within Judaism? Interpretive Trajectories in Judaism, Christianity, and Islam from the First to the Twenty-First Century
This book charts the shifting boundaries of Judaism from antiquity to the modern period in order to bring clarity to what scholars mean when they claim that ancient texts or groups are “within Judaism,” as well as exploring how rabbinic Jews, Christians, and Muslims have negotiated and renegotiated what Judaism is and is not in order to form their own identities. Belief in Jesus as the Messiah was seen as part of first-century Judaism, but by the fourth or fifth century, the boundaries had shifted and adherence to Jesus came to be seen as outside of Judaism. Resituating New Testament texts within first- or second-century Judaism is an historical exercise that may broaden our view of what Judaism looked like in the early centuries CE, but normatively these texts remain within Christianity because of their reception history. The historical “within Judaism” perspective, however, has the potential to challenge and reshape the theology of contemporary Christianity while at the same time the long-held consensus that belief in Jesus cannot belong within Judaism is again challenged by the modern Messianic Jewish movement.
Rethinking Halal
This book invites to rethink certain aspects of halal, and in particular the issue of the halal market and halal certification in Muslim-minority contexts. Rather than limiting itself to elucidating the doctrinal traditions relating to halal/haram, or on the contrary, focusing only on the external economic, financial, political or demographic factors that explain the changes taking place, Rethinking Halal shows the need to underline the points of balance between the aspects of religious doctrine on the one hand and the economic or political contextual aspects on the other hand. Through the study of various countries, Rethinking Halal demonstrates that Islam underwent a process of positivisation, that is, a kind of reframing of its rules and principles through the lens of a characteristically modern standardising, scientificising, and systematising mind. Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Law, Religion and the Family in Africa
The family is a crucial site for the interaction of law and religion the world over, including Africa. In many African societies, the family is governed by a range of sources of law, including civil, constitutional, customary and religious law. International law and human rights principles have been domesticated into African legal systems, particularly to protect the rights of women and children. Religious rites and rituals govern sexuality, marriage, divorce, child-rearing, inheritance, intergenerational relations and more in Christianity, Islam and indigenous African custom. This book examines the African family with attention to tradition and change, comparative law, the relation of parents and children to the state, indigenous religion and customary law, child marriage and child labour and migration, diaspora and displacement.
The Rights of Women in Comparative Constitutional Law
Through a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations look at the relevant gender-related legislation, the participation of women in the institutional arena and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.
Freedom of Religion and Belief in Turkey
The protection of the right to freedom of thought, conscience and religion is one of the most basic tenets of a democratic society. This right is not only crucial for those who believe, but is also so for atheists, agnostics and sceptics who have no religious beliefs. It is also considered a cornerstone of a democratic society and is closely linked to pluralism, tolerance and open-mindedness. Turkey has been involved in an accession process in order to become a full member of the European Union (EU) since 2005. The Justice and Development Party (Adalet ve Kalkınma Partisi – AKP), which first formed a government after its election victory of 2002, pledged to introduce reforms and lift proh...
Religion, Identity and Politics
German–Turkish relations, which have a long history and generally unrecognized depth, have rarely been examined as mutually formative processes. Isolated instances of influence have been examined in detail, but the historical and still ongoing processes of mutual interaction have rarely been seriously considered. The ruling assumption has been that Germany may have an impact on Turkey, but not the other way around. Religion, Identity and Politics examines this mutual interaction, specifically with regard to religious identities and institutions. It opposes the commonly held assumption that Europe is the abode of secularism and enlightenment, while the lands of Islam are the realm of backwa...
The Juridification of Religion?
In Juridification of Religion? Helge Årsheim and Pamela Slotte explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. The book relies on an expansive notion of juridification, departing from the narrower sense of juridification as the gradually increasing “colonization of the lifeworld” proposed by Jürgen Habermas in his Theory of Communicative Action (1987). More specifically, the book adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner (2008), developing it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.
