Author: Alessandro Ferrari Publisher: Taylor & Francis ISBN: 1317067126 Category : Law Languages : en Pages : 212
Book Description
This book investigates the role of Islam and religious freedom in the constitutional transitions of six North African and Middle Eastern countries, namely Morocco, Algeria, Tunisia, Egypt, Turkey, and Palestine. In particular, the book, with an interdisciplinary approach, investigates the role of Islam as a political, institutional and societal force. Issues covered include: the role played by Islam as a constitutional reference – a "static force" able to strengthen and legitimize the entire constitutional order; Islam as a political reference used by some political parties in their struggle to acquire political power; and Islam as a specific religion that, like other religions in the area, embodies diverse perspectives on the nature and role of religious freedom in society. The volume provides insight about the political dimension of Islam, as used by political forces, as well as the religious dimension of Islam. This provides a new and wider perspective able to take into account the increasing social pluralism of the South-Mediterranean region. By analyzing three different topics – Islam and constitutionalism, religious political parties, and religious freedom – the book offers a dynamic picture of the role played by Islam and religious freedom in the process of state-building in a globalized age in which human rights and pluralism are crucial dimensions.
Author: Azin Tadjdini Publisher: Routledge ISBN: 0429576587 Category : Law Languages : en Pages : 135
Book Description
During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.
Author: Luke Beck Publisher: Routledge ISBN: 1351257749 Category : Law Languages : en Pages : 335
Book Description
This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.
Author: Mark P. Strasser Publisher: Routledge ISBN: 1351258540 Category : Law Languages : en Pages : 348
Book Description
The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.
Author: Ilaria Valenzi Publisher: Taylor & Francis ISBN: 1040276237 Category : Law Languages : en Pages : 364
Book Description
On both Mediterranean shores, women’s agency is articulated by new social and legal actors that face the religious factor both as an asset and as a brake. This book explores how female agency is defined and takes place in the region. The collection brings together contributions of both theoretical and thematic nature mapping various experiences on the public role of women in the Mediterranean context. In particular, the book relates the two sides, observing affinities and differences in the affirmation of women’s agency. This synoptic approach avoids essentialist contraposition and dialectic between different cultural, religious and political universes and emphasizes the role of a common geopolitical space where women's agency is playing an increasingly decisive role in the building and defense of constitutional democratic political systems. The reflection is enriched by the specific analysis of the role of a “religious factor” in the process of affirmation or, in contrast, as a restraint on women’s agency. The book focuses both on the role of women believers in the processes of transformation of the political contexts of the North African and Euro-Mediterranean area, and on the role of women within religions, questioning from inside the patriarchal traditions of the latter. The book applies a multidisciplinary approach to the theme of women’s agency, in which law, sociology, theology and philosophy interact with each other. As such, it will be a valuable resource for those working in the areas of Human Rights Law, Law and Religion, Socio-legal Studies and Gender Studies.
Author: Federico Lorenzo Ramaioli Publisher: Springer Nature ISBN: 3031378369 Category : Comparative law Languages : en Pages : 304
Book Description
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea
Author: Helge Årsheim Publisher: BRILL ISBN: 9004359869 Category : Law Languages : en Pages : 95
Book Description
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.
Author: Farah Chowdhury Publisher: Taylor & Francis ISBN: 1315390698 Category : Law Languages : en Pages : 159
Book Description
Women and Islam in Bangladesh -- Muslim family law in Bangladesh -- CEDAW, Islamic law and women in Bangladesh -- Dowry, women and law in Bangladesh -- Women, income and dowry in Bangladesh
Author: Stewart Fenwick Publisher: Taylor & Francis ISBN: 1315527685 Category : Law Languages : en Pages : 222
Book Description
This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.
Author: Christel Gärtner Publisher: Springer Nature ISBN: 3658332395 Category : Social Science Languages : en Pages : 335
Book Description
Islamic religion has become an object of political discourse in ways that also affects academic reflection; against this background this volume aims to provide a theoretically and empirically founded assessment of where social sciences currently stand with regard to Islam. For this purpose, the volume continues to develop the sociological knowledge of Islam that began in the 1980s. Given the Orientalism inherent in sociology, the volume focuses on Muslim knowledge systems and institutions, as well as the practice of Muslim religiosity in various social contexts stretching from Algeria and Morocco to Turkey.
Author: Alessandro Ferrari
Author: Azin Tadjdini
Author: Luke Beck
Author: Mark P. Strasser
Author: Ilaria Valenzi
Author: Federico Lorenzo Ramaioli
Author: Helge Årsheim
Author: Farah Chowdhury
Author: Stewart Fenwick
Author: Christel Gärtner