Religious Liberty in Western and Islamic Law

Author: Kristine Kalanges
Publisher: Oxford University Press
ISBN: 0199930597
Format: PDF, ePub, Mobi
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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.

Islam and Political Cultural Europe

Author: W. Cole Durham
Publisher: Routledge
ISBN: 1317112601
Format: PDF, ePub
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Islam and Political-Cultural Europe identifies the sometimes confusing and often contentious new challenges that arise in daily life and institutions as Islam settles deeper into Europe. Critiquing past and recent assimilation efforts in the fields of education, finance, and security, the contributors offer prospective solutions to diverse contemporary problems. Exploring the interactions of Muslim, Christian and secular cultures in the context of highly pluralized contemporary European societies, this book offers a valuable tool for those within and outside Europe seeking to understand the far-reaching implications of combining cultures, the struggles of the Muslim-Christian-secular transition, and the progress which the future promises.

Islam Europe and Emerging Legal Issues

Author: W. Cole Durham
Publisher: Routledge
ISBN: 1317112350
Format: PDF, Kindle
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Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.

Transforming Religious Liberties

Author: S. I. Strong
Publisher: Cambridge University Press
ISBN: 1107179335
Format: PDF, ePub, Docs
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Religious liberties are at the centre of many debates on how liberal democratic societies can accommodate diversity. This book brings the issue of religious liberties into the broad context of international, comparative and jurisprudential principles. S. I. Strong proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion. Drawing on the historical ideas of legal and political philosophers including John Rawls, Ronald Dworkin and John Finnis, the text also tests the validity of new proposals against actual 'hard cases' generated through international, comparative and interdisciplinary analysis. Overcoming longstanding challenges to existing religious rights regimes and identifying a new analytical paradigm that specifically addresses the types of tensions that arise in religiously pluralist societies, Strong's goal is to create a system that both religious and non-religious people can support and thereby increase civic peace between individuals and groups.

The Ashgate Research Companion to Islamic Law

Author: Peri Bearman
Publisher: Routledge
ISBN: 1317043065
Format: PDF, ePub, Docs
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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Law and Religion in Indonesia

Author: Melissa Crouch
Publisher: Routledge
ISBN: 1134508360
Format: PDF, Docs
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Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

The Protections for Religious Rights

Author: Sir James Dingemans
Publisher: OUP Oxford
ISBN: 9780199660964
Format: PDF, ePub, Docs
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A full and practical assessment of protection of religious rights in the UK and internationally, including evaluation of international instruments, and comparative perspectives from the US, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey, as well as appendices full of key legal material.

Exporting Freedom

Author: Anna Su
Publisher: Harvard University Press
ISBN: 0674915844
Format: PDF, ePub, Mobi
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Religious freedom is recognized as a basic human right, guaranteed by nearly all national constitutions. Anna Su charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power.

Christianity and Law

Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 0521874629
Format: PDF, ePub, Mobi
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An authoritative introduction to some of the main legal teachings of the Western Christian tradition.

Shari a in the West

Author: Nicholas Aroney
Publisher: Oxford University Press, USA
ISBN: 0199582912
Format: PDF, ePub, Mobi
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Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.