Religious Liberty In Western And Islamic Law
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Religious Liberty In Western And Islamic Law
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Author : Kristine Kalanges
language : en
Publisher: Oxford University Press
Release Date : 2012-04-04
Religious Liberty In Western And Islamic Law written by Kristine Kalanges and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-04 with Social Science categories.
In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
Religious Freedom In The Liberal State
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Author : Rex Ahdar
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
Religious Freedom In The Liberal State written by Rex Ahdar and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.
Current Issues In Law And Religion
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Author : Silvio Ferrari
language : en
Publisher: Routledge
Release Date : 2017-07-05
Current Issues In Law And Religion written by Silvio Ferrari and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.
Human Rights And The Conflict Of Cultures
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Author : David Little
language : en
Publisher:
Release Date : 1988
Human Rights And The Conflict Of Cultures written by David Little and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Religion categories.
Regard to these matters.
Freedom Of Religion Apostasy And Islam
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Author : Abdullah Saeed
language : en
Publisher: Routledge
Release Date : 2017-03-02
Freedom Of Religion Apostasy And Islam written by Abdullah Saeed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Religion categories.
Debate on freedom of religion as a human right takes place not only in the Western world but also in Muslim communities throughout the world. For Muslims concerned for this freedom, one of the major difficulties is the 'punishment for apostasy' - death for those who desert Islam. This book argues that the law of apostasy and its punishment by death in Islamic law is untenable in the modern period. Apostasy conflicts with a variety of foundation texts of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion. Demonstrating the early development of the law of apostasy as largely a religio-political tool, the authors show the diversity of opinion among early Muslims on the punishment, highlighting the substantial ambiguities about what constitutes apostasy, the problematic nature of some of the key textual evidence on which the punishment of apostasy is based, and the neglect of a vast amount of clear Qur'anic texts in favour of freedom of religion in the construction of the law of apostasy. Examining the significant challenges the punishment of apostasy faces in the modern period inside and outside Muslim communities - exploring in particular how apostasy and its punishment is dealt with in a multi-religious Muslim majority country, Malaysia, and the challenges and difficulties it faces there - the authors discuss arguments by prominent Muslims today for an absolute freedom of religion and for discarding the punishment of apostasy.
Religious Freedom In Islam
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Author : Daniel Philpott
language : en
Publisher: Oxford University Press
Release Date : 2019-02-01
Religious Freedom In Islam written by Daniel Philpott and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-01 with Religion categories.
Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.
Islamic Law And International Human Rights Law
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Author : Anver M. Emon
language : en
Publisher: OUP Oxford
Release Date : 2012-10-11
Islamic Law And International Human Rights Law written by Anver M. Emon and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-11 with Law categories.
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Religious Human Rights In Global Perspective
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Author : John Witte
language : en
Publisher: Wm. B. Eerdmans Publishing
Release Date : 1996
Religious Human Rights In Global Perspective written by John Witte and has been published by Wm. B. Eerdmans Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Political Science categories.
The legal traditions of Christianity, Judaism, and Islam have contributed much to the cultivation and violation of religious human rights around the world. In this volume Desmond Tutu, Martin Marty, and twenty leading scholars offer an authoritative assessment of these contributions and challenge people of all faiths to adopt "golden rules of religious liberty."
Islam Religious Liberty And Constitutionalism In Europe
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Author : Mark Hill KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-08
Islam Religious Liberty And Constitutionalism In Europe written by Mark Hill KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
Religion As Empowerment
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Author : Kyriaki Topidi
language : en
Publisher: Routledge
Release Date : 2016-06-10
Religion As Empowerment written by Kyriaki Topidi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-10 with Law categories.
This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.