Academic literature on the topic 'Religion and law'

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Journal articles on the topic "Religion and law"

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Abduh, Rachmad, and Ida Hanifah. "Certainty of Jurisdiction Law in Civil Law System." Randwick International of Social Science Journal 1, no. 2 (August 1, 2020): 120–25. http://dx.doi.org/10.47175/rissj.v1i2.52.

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The Yoruba people have lived harmoniously as a kin for as long as the tribe has been in existence without religious strain despite the myriads of choices of beliefs that their traditional religion (Iseese) offered; and also, with the advent of foreign religions, Christian and Muslims have continuously live together in Yoruba land, often in harmony with practitioners of Yoruba traditional religion. In the recent age, there has been a curve of trend as the tribal relationships among the Yoruba people have gradually been eroding due to increasing infiltrations and activism of religion extremists. This research examined the damage religious sectarianism wreaked on the kinship relationship among the Yoruba folks. The research was qualitative, and situated within fundamentalism theory, a religious philosophy which depicts advocacy and strict adherence to a religious doctrine or belief. Data collections which are based on both primary and secondary sources are participatory, observatory and library oriented. It is concluded that religion has done more harm than good, but the situation can be redeemed with good understanding of the intended purpose of religion ingrained in the religious zealots.
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Cavedon, Matthew. ":Law as Religion, Religion as Law." Journal of Religion 104, no. 1 (January 1, 2024): 108–9. http://dx.doi.org/10.1086/727609.

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Laughlin, Jack, and Kornel Zathureczky. "Religion, Education, and Law." Journal of Law, Religion and State 5, no. 2 (March 13, 2017): 148–73. http://dx.doi.org/10.1163/22124810-00502003.

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Religion and state, more specifically religion and law, and religion and education are sub-fields that have received considerable scholarly attention. The interstices between these fields have been much less scrutinized, although it is within these spaces where the particular normativities produced and managed by state, law, and religion can be critically assessed, and where the nature of their interaction can be evaluated. We examine the intersecting normativities of religion with the secular public sphere, with education, and with the law, and their discursive fields with respect to the Programme d’Éthique et culture religieuse (ECR) of the Québec Ministry of Education. The distinct interests associated with these discursive fields meet at bases of common concern: religious pluralism, accommodation, and social cohesion. A common discourse emerges here that is informed by what critics identify as the World Religions Paradigm (WRP). Rather than examine the ECR simply with respect to its dependence on the WRP, we show how the discourses of the general public, education, and law in Québec and Canada meet to reinforce the WRP to produce a singular normativity that determines the shape of public discourses and representations of religion. In its effort to manage religious freedom and promote multiculturalism, the state (legislatively, legally, and educationally) generates the concrete terms by which citizens are to enact both. The logic of the overlapping normativities in the management of religious freedom and promotion of religious pluralism by the state creates the concrete terms by which religious identity and citizenship are defined.
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Cheung, Tommy. "Jediism: Religion at Law?" Oxford Journal of Law and Religion 8, no. 2 (May 6, 2019): 350–77. http://dx.doi.org/10.1093/ojlr/rwz010.

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Abstract This article explores whether Jediism, one of the ‘fiction-based religions’ in contemporary times, meets the requirements of religion under the English charity law. This article argues that the reasons gave by the Charity Commission of the UK in rejecting the application of the Jediist religious group the Temple of The Jedi Order (TOTJO) as a Charitable Incorporation Organization in 2016 was not made under solid legal grounds but on a moral judgment that Jediism, in their opinion, is not serious. This article argues that the principles adopted by the Charity Commission is wrong and they could reach the same conclusion by using a correct legal approach. Through a detailed study on the origin and the current situation of Jediism as a ‘fiction-based religious group’ and TOTJO, this article suggests that for Jediism to be considered as a bona fide religion, it needs to complete its belief system and bring back the concept of Dark Side from Star Wars. It was absent because of the Jediists’ deliberate effort to distance themselves from the Star Wars fandom. Finally, through looking at the history and evolvement of the English charity law, argues that there is room for the current English charity law to give a more liberal interpretation to allow a better balance between regulation of charity and the freedom of religion. It is necessary because of the public benefit brought by any bona fide religion.
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Shah, Nasim Hasan. "Law and Religion." Islam and Christian–Muslim Relations 11, no. 2 (July 2000): 243–47. http://dx.doi.org/10.1080/09596410050024203.

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Turner, Bryan S. "Law and Religion." Theory, Culture & Society 23, no. 2-3 (May 2006): 452–54. http://dx.doi.org/10.1177/026327640602300284.

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Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i1.455.

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The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society. Keywords: Marriage Law, Different Religions, KHI
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Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i2.455.

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The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society. Keywords: Marriage Law, Different Religions, KHI
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Rivers, Julian. "Law, Religion and Gender Equality." Ecclesiastical Law Journal 9, no. 1 (January 2007): 24–52. http://dx.doi.org/10.1017/s0956618x0700004x.

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This article traces the recent development of gender equality law, understood broadly to embrace sex, transsexual and sexual orientation discrimination. Against this background it considers the ‘problem’ of religion from two perspectives. First, religion is seen as representing a problematic obstacle to the pursuit of a modern gender equality programme, and this results in judicial tendencies to criticise religion and constrain its significance. Second, religions and religious bodies themselves have difficulties with the new ethic underlying recent legal changes. The tension between religious ethics and the new law has resulted in a series of exceptions for religious bodies. However, these are rather narrow, and can be viewed as the minimum necessary to satisfy international and European human rights standards. The article then considers the enigma of equality and the question-begging nature of much of the law made in its name. It concludes that modern problems are better seen not as a clash between religious liberty and gender equality, but as a shift in conceptions of equality. At the same time, this shift has been accompanied by a significant juridification of what for a long time have been social spaces virtually immune from secular legal regulation. Ironically, a new establishment is being created which barely tolerates dissenters.
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Blanco, Miguel Rodríguez. "Religion and the Law of Charities." Ecclesiastical Law Journal 8, no. 38 (January 2006): 246–65. http://dx.doi.org/10.1017/s0956618x00006426.

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This article attempts an overview of the application of the law of charities to religion. Charity law is currently subject to revision. The advancement of religion has been one of the traditional charitable purposes defined as such in the common law. In this area of law both the courts and the Charity Commission have applied a neutral approach toward all religious denominations. This approach is in principle consistent with the content of the Human Rights Act 1998. Nevertheless the growth of religious pluralism in society and the appearance of new religions and groups generate many doubts about the definition of religion as charity. On the one hand, the courts have offered a theistic definition of religion, which is not applicable to all religious groups. On the other, in every charitable purpose some element of public benefit must be present. For religious purposes the courts assume the presence of a public benefit unless the contrary is shown, but it is not clear that all religious practices are beneficial to the community. The aim of this article is to promote a discussion about the definition of religion as a charitable purpose, to identify the problems connected with the growth of religious pluralism, and to offer some remarks about the impact of the Human Rights Act 1998 on the law of charities.
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Dissertations / Theses on the topic "Religion and law"

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Vrtiska, Josef Michael. "Natural Law: Religion and Integrity." Thesis, The University of Arizona, 2010. http://hdl.handle.net/10150/146249.

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This thesis examines the contemporary debates over the meaning of natural law. Kent Greenawalt and Ronald Dworkin weigh in on this debate and oppose the theory of natural law with some theories of law that they have developed themselves. Greenawalt argues that citizens in a liberal democracy are not to rely on their religious convictions but rather on publicly accessible reasons. The religious convictions that these citizens have are to be a secondary reliance but can be used in situations where publicly accessible reasons are absent such as abortion. Dworkin develops his theory of Integrity as Law which he explains as a "chain novel." Law is like a novel being written in which the judges must continually add chapters. The goal is integrity. Judges must treat the law that is in place as part of the novel that has already been partly written. It is a way to improve upon the existing laws and precedents. In order for a unifying acceptance of law and development of law, theories of law must be developed. Greenawalt and Dworkin each offer alternative approaches to natural law, and in this thesis, I compare how these theories apply to legal debates concerning abortion and pornography.
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Sandberg, Russell. "Religion, society and law : an analysis of the interface between the law on religion and the sociology of religion." Thesis, Cardiff University, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.525073.

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This thesis is an investigation into teachers' status in Kuwait, what it is and the reasons for it. The question was posed and systematically investigated as to the standing of teachers, an issue of great significance for Kuwait and its education system. The thesis also explores the connections between teacher status and teacher education and the possibility of using improvements in teacher education to raise the status of teachers. The study is heavily based on empirical work, specifically: three substantial surveys and a case study that includes a fourth smaller survey. The collection of data is predominantly, though not exclusively, quantitative. A short questionnaire on teachers' status was administered to, 5200 citizens, 0.65% of the popUlation, using a network or 'snowball' technique. A longer questionnaire was administered to 320 final-year students in a cross-section of Kuwaiti secondary schools. A third questionnaire was administered to 1200 teachers (4% of the teacher population). The response rates for all three surveys exceeded 95%. The hypothetically significant variables considered in these surveys variously included gender, socio-cultural group, age, family status, academic ability, professional experience, subject specialism and nationality. In addition, an extended case study was carried out in the College of Basic Education, the training institution for primary teachers in Kuwait. The findings of these surveys and of the case-study are compared with each other and, to a lesser extent, with previous research that has been conducted in regard to teacher status in other educational systems. At an early stage of the analysis, some findings were presented to two members of the 'educational elite' in Kuwait for their interpretation and comment. The following are some examples of the findings of the study. Kuwaiti society sees the relative status of teachers as middle-order. The public have higher views of teachers than either teachers or trainee teachers have of themselves. The standing of the College of Basic Education is perceived as low by all sectors, including trainees at the college. Up to 28% of school-Ieavers were conSidering teaching as a career option, but almost none of these are academically able students. Kuwaitis choose teaching very much more for pragmatic than for 'vocational' reasons. Sociocultural group is the variable with the widest influence on the matters investigated. Gender is less significant than expected in some areas.
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Desmarais, Gabrielle. "Religion Drag: The Relevance of “Critical Religion” and Queer Theory to Canadian Law and Religious Freedom." Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/30438.

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This dissertation analyses the use of the word “religion” in Canadian law and theorises the consequences of its use for the legal protection of religious movements in Canada. Chapter One establishes the problems of the word “religion” in academic discourse by providing an overview of work in the field of critical religion. This dissertation considers whether the critiques of the term “religion” by scholars working within critical religion are equally relevant when considering the role of religion in human rights law. Chapter Two turns an investigative eye toward Canadian case law using the word “religion”, from Chaput v Romain (1959) to Alberta v Hutterian Brethren of Wilson Colony (2009). The analysis highlights how the use of “religion” in Canadian law does indeed reflect academic concerns. Chapter Three uses queer theory to speculate the consequences of an unstable concept of religion for the protection of religious freedom, especially as it pertains to new religious movements. Judith Butler’s notions of performativity and drag are applied to theorise the performance of “religion” and its outcomes. Some suggestions for how to proceed conclude the dissertation.
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Kiviorg, Merilin. "Freedom of religion or belief : the quest for religious autonomy." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:6c5916d8-d69d-4f2d-91e5-a5586f8abd4b.

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In this thesis it is argued that while the concept of freedom of religion or belief itself is opaque and difficult to define, the right to religious freedom must contain certain basic factors – most importantly the right to individual (religious) autonomy. The individual autonomy approach is seen here as providing the necessary rationale for the protection of freedom of religion or belief. This rationale is not cemented in stone in the practice of the Convention and this has caused the Court to lose its focus on individual freedom. It is a dangerous tendency. It allows the focus to be placed on the role of the State and leaves freedom of religion or belief to be heavily affected by politics and fluctuating social attitudes. In this regard, this thesis looks for the meaning and scope of individual and collective religious autonomy and how it is and ought to be represented in the practice of the European Court of Human Rights. It is the aim of the author to contribute to a clearer and more principled understanding of Article 9 of the ECHR. The right to individual autonomy is thought to be able to provide the necessary focus for the European Court of Human Rights in creating a more robust framework for the protection of freedom of religion or belief different from current Court practice which shows inconsistency in its reasoning and theoretical chaos. This lack of clarity has also contributed to freedom of religion or belief being a relatively weak right. It is explored here as to how the principle of autonomy (as developed in this thesis) relates to other principles provided by the Court, namely the principle of State neutrality, pluralism and the effective protection of rights, but also the margin of appreciation and the autonomy of religious communities. The individual autonomy centred theoretical framework in the first part of the thesis will be engaged to analyse the conflict in the triangle of state-individual-community explored in the second part.
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Connell, James E. "Invalidating and incapacitating laws in the "Code of Canon Law"." Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/6542.

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Robert, Dominique 1950. "Humane bioethics : medicine, philosophy, religion and law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31531.

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This thesis is about the content and concerns of each of four disciplines pertaining to the field of bioethics: medicine, philosophy, religion and law. Emphasis is put on the human values each reflects in patients' lives. A last chapter is dedicated to patients' narrative in order to bring a practical perspective to the discussions of the previous chapters. The four essential human values interconnecting among the four disciplines are: the patients' need for authority, the need for protection, the existential questioning about the meaning of life, and the fear of death.
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Shaikh, Murtaza Hassan. "Protection of religious minorities : between Islamic law and international law : a comparative study of scope and freedom of religion." Thesis, SOAS, University of London, 2015. http://eprints.soas.ac.uk/26494/.

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Fehr, Stephanie Simone. "Religious discrimination in employment : a comparative analysis of the law in the UK, France and Germany, with reference to international and supranational law." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/religious-discrimination-in-employment--a-comparative-analysis-of-the-law-in-the-uk-france-and-germany-with-reference-to-international-and-supranational-law(8e48aa3c-2233-4169-8dec-4d8436ebe43d).html.

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This thesis analyses religious discrimination in employment, using an applied comparison of the law in the UK, France and Germany. To this end, the thesis first explores national church-state relations, establishing potential links to religious discrimination at work. The investigation then moves on to the standards set by the Council of Europe and the European Union, against which the law in the UK, France and Germany will be measured against. The final chapter brings together the findings in an overall comparison of the national law, with particular emphasis on the role of church-state relations and impact on religious minorities. The original contribution of this thesis to knowledge lies in the assessment of the topic in the context of three jurisdictions, its interconnectedness with the ECHR and EU frameworks, using the framework of church-state relations. The thesis reveals and explains similarities and differences between the law in the three jurisdictions, as well as the effects on employees practising their religion and underlying attitudes that formed the law. After identifying substantive neutrality as a promising characteristic of church-state models, it was set as a benchmark for assessment throughout the thesis. Themes emerging from the research reflect significant differences regarding religious discrimination in employment in the UK, France and Germany. Particularly striking is the arguably deliberate targeting of, and clearly detrimental impact on religious minorities by means of indirectly discriminating law in France and Germany, as well as some directly discriminating provisions that were enacted in the course of the German ‘headscarf debate’. It is suggested, accordingly, that stereotypical assumptions about ‘otherness’ have influenced legislation, as well as case law, using church-state relations to underscore the decisive arguments. Due to its largely hypothetical nature, the assessment of the domestic laws’ compatibility with European international and supranational legal frameworks result in a number of cautious predictions. Widespread compliance appears fairly likely in relation to the law in the UK, whereas French and German law can be challenged in several regards. Finally, this research contributes proposals aiming at effective solutions for a variety of religious discrimination scenarios pertinent in the UK, French and German work environments.
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Stephens, Julia Anne. "Governing Islam: Law and Religion in Colonial India." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:10842.

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This dissertation charts how the legal regulation of Islam in colonial India fostered a conception of religion that focused on dividing it from secular economy and politics. Colonial law segregated religious law from other branches of law through intersecting binaries that pitted religion against reason and family against the economy. These binaries continue to shape both popular and scholarly approaches to South Asian religion. Unsettling these common assumptions, the dissertation reveals the close relationship between contemporary conceptions of religion and the imperatives of imperial governance. By segregating religious from secular law, the British developed a bifurcated strategy of governance that balanced contradictory commitments to preserving Indian traditions with introducing modernizing reforms. Scholars have traditionally located the origins of the colonial approach to administering Indian religious laws in the early decades of Company rule. The dissertation argues instead that the conceptual framework of religious personal laws emerged between the second and third quarter of the nineteenth century. Changing concepts of sovereignty, an evangelical commitment to spreading Christian civilization, and the integration of colonial production into global markets led colonial officials to look for ways to consolidate the authority of the colonial state. Due to the history of Mughal rule, colonial officials viewed Islamic law as posing a particular threat to colonial suzerainty, placing Islam at the center of these debates. Limiting religious laws to the sphere of domestic relations and ritual performance allowed the colonial state to maintain the rhetoric of respecting Indian religions while consolidating new bodies of criminal, commercial, and procedural law. The boundaries colonial law drew around religion, however, proved unstable. By bringing different definitions of religion into dialogue, legal adjudication in courts unsettled the boundaries between religious and secular authority that colonial legislation and legal texts attempted to solidify. The dissertation looks at legal debates occurring in different levels of the judicial system and in the wider court of public opinion, turning to newspaper coverage of trials and literature on Islamic law. The dissertation uses this broadened archive of legal contest to explore alternative understandings of the relationship between religion, politics, and economy.
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Ellis-Jones, Ian. "Beyond the Scientology case : towards a better definition of what constitutes a religion for legal purposes in Australia having regard to salient judicial authorities from the United States of America as well as important non-judicial authorities /." University of Technology, Sydney. Faculty of Law, 2007. http://hdl.handle.net/2100/404.

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The aim of this thesis is to formulate a better definition of religion for legal purposes than the formulation arrived at by the High Court of Australia in the 1983 decision of Church of the New Faith v Commissioner of Pay-roll Tax (Vic). In that case, known in Australia as the Scientology (or Church of the New Faith) case, two of five justices of the High Court of Australia considered belief in a supernatural Being, Thing or Principle to be an essential prerequisite for a belief system being a religion. Two other justices stated that if such belief were absent it was unlikely that one had a religion. There are major problems with the High Court’s formulation in the Scientology case. First, it does not accommodate a number of important belief systems that are generally regarded as being religious belief systems, even though they do not involve any notion of the supernatural in the sense in which that word is ordinarily understood. Secondly, the Court provided little or no guidance as to how one determines whether a particular belief system involves a supernatural view of reality. The guidance that was given is ill-conceived in any event. Thirdly, it is philosophically impossible to postulate a meaningful distinction between the “natural” and the supposedly “supernatural” in a way that would enable the courts and other decision makers to meaningfully apply the “test” enunciated by the Court. The thesis combines a phenomenological approach and the philosophical realism of the late Professor John Anderson with a view to eliciting those things that permit appreciation or recognition of a thing being “religious”. Ultimately, religion is seen to comprise an amalgam of faith-based ideas, beliefs, practices and activities (which include doctrine, dogma, teachings or principles to be accepted on faith and on authority, a set of sanctioned ideals and values in terms of expected ethical standards and behavior and moral obligations, and various experientially based forms, ceremonies, usages and techniques perceived to be of spiritual or transformative power) based upon faith in a Power, Presence, Being or Principle and which are directed towards a celebration of that which is perceived to be not only ultimate but also divine, holy or sacred, manifest in and supported by a body of persons (consisting of one or more faithxvii based communities) established to give practical expression to those ideas, beliefs, practices and activities. The new definition is tested against 3 very different belief systems, Taoism (Daoism), Marxism and Freemasonry.
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Books on the topic "Religion and law"

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Ballor, Jordan J., Wim Decock, Michael Germann, and Laurent Waelkens, eds. Law and Religion. Göttingen: Vandenhoeck & Ruprecht, 2014. http://dx.doi.org/10.13109/9783666550744.

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Gad, Barzilai, ed. Law and religion. Aldershot, Hants, England: Ashgate, 2007.

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Denise, Meyerson, and Radan Peter, eds. Law and religion. London: Routledge, 2004.

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Sandberg, Russell. Law and religion. Cambridge, UK: Cambridge University Press, 2011.

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1950-, Sadurski Wojciech, ed. Law and religion. New York, NY: New York University Press, 1992.

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Jost, Kenneth. Religion and Law. 2455 Teller Road, Thousand Oaks California 91320 United States: CQ Press, 2014. http://dx.doi.org/10.4135/cqresrre20141107.

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editor, Spencer Nick 1973, ed. Religion and law. London: Theos, 2012.

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Richard, O'Dair, and Lewis A. D. E, eds. Law and religion. Oxford: Oxford University Press, 2001.

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Jivraj, Suhraiya. The Religion of Law. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1057/9781137029287.

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Hutton, Peter, Ravi Mahajan, and Allan Kellehear. Death, Religion and Law. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429489730.

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Book chapters on the topic "Religion and law"

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Sullivan, Winnifred Fallers. "Law and Religion." In The Blackwell Companion to Religious Ethics, 104–11. Oxford, UK: Blackwell Publishing Ltd, 2007. http://dx.doi.org/10.1002/9780470997031.ch12.

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Devonis, David C. "Religion and Law." In Exploring Cross-Cultural Psychology, 161–62. 2nd ed. New York: Routledge, 2023. http://dx.doi.org/10.4324/9781003300380-70.

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Hughes, Aaron W., and Russell T. McCutcheon. "Law." In Religion in 50 Words, 150–52. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003140184-27.

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Hawkins, W. Thomas. "Religion." In Land Use Law in Florida, 293–97. Milton Park, Abingdon, Oxon; New York, NY: Routledge 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003108603-31.

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Hanks, Reuel R. "Religion and Law in Uzbekistan." In Regulating Religion, 319–30. Boston, MA: Springer US, 2004. http://dx.doi.org/10.1007/978-1-4419-9094-5_22.

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Sinha, Vineeta. "Religion, Law and Bureaucracy." In Religion-State Encounters in Hindu Domains, 233–55. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-0887-7_7.

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Guinn, David E. "Religion, Law, and Violence." In The Blackwell Companion to Religion and Violence, 99–111. Oxford, UK: Wiley-Blackwell, 2011. http://dx.doi.org/10.1002/9781444395747.ch8.

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Crouch, Melissa. "Administrative Law and Religion." In Religion, Law and Intolerance in Indonesia, 234–54. 1 [edition]. | New York : Routledge, 2016. | Series: Routledge law in Asia 15: Routledge, 2016. http://dx.doi.org/10.4324/9781315657356-12.

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Dane, Perry. "Constitutional Law and Religion." In A Companion to Philosophy of Law and Legal Theory, 119–31. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch6.

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De Roover, Jakob, and Sarika Rao. "Law, religion and culture." In Cultures Differ Differently, 99–121. London: Routledge India, 2021. http://dx.doi.org/10.4324/9781003229445-6.

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Conference papers on the topic "Religion and law"

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Karaman, Ebru. "Principle of Laicity in Turkish and French Constitutions." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02275.

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To be assumed as a truly democratic state of law; the state should not make law according to a religion and not have a religion-based structure. Turkey and France are two countries different from others being in the discussions on secularism examining the relationship between religion and state. Because the laicity is one of the foundations of the regime and takes part in the legal system as a constitutional principle. In the first chapter the provisions on laicity in the Turkish Constitutions before the date 1982 and in the Turkish Constitution dated 1982 are going to be explained then the discussions in Turkey are going to be evaluated according to the Turkish Constitutional Court's approach to the principle of laicity. In the second part the provisions on the principle of laicity in the French Constitution dated 1958 are going to be explained, afterwards the discussions on laicity in France is going to take place. State and religion relations continue to be relevant a subject. That is why it still gives form to Turkish political life. The freedom of religion and the separation of religious and state relations are the requirements of the laic state. For a state these includes not to have an official religion, be impartial to all the religion and to treat equal to all the believers to different religions, to distinguish the religious institutions and state institutions and not to have an accordance between the rules of and the rules of religion.
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Nikitin, Aleksey, and Damir Ahmedov. "FORMATION OF RUSSIAN LEGISLATION ON FREEDOM OF CONSCIENCE AND RELIGION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/055-057.

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This article deals with ensuring the development of the legal framework of public relations in the sphere of freedom of conscience and religion, creating and modernizing means of protecting human and civil rights and freedoms.
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Dura, Nicolae V. "THE FREEDOM OF RELIGION AND THE RIGHT TO RELIGIOUS FREEDOM." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.110.

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Muhammadun, Muhammadun, Oman Fathurohman, and Ferry Siregar. "Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303646.

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Antonović, Ratomir. "CUSTOMARY INTERNATIONAL LAW." In Tradicija, krivično i međunarodno krivično pravo. Srpsko udruženje za međunarodno krivično pravo, 2024. http://dx.doi.org/10.46793/tkmkp24.380a.

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A question of great legal importance, both in national and international legislation, is how and in what way interpersonal relations were regulated within ancient and primitive human com- munities before the emergence of modern law and legal regulations. There has always been a need to regulate interpersonal relations and to set certain rules that would have a binding character in relation to community members. For this purpose, customs played a role, cre- ated under the great influence of morality and tradition, religion and religious dogmas, certain superstitious and primitive principles and principles, but with one clear goal, namely the protection of order and the creation of rules of conduct. The paper deals with the issue of the existence of international customs, their relationship with international public and international private law, as well as international criminal law. Also, the question of the relationship of international customs in the context of the source of international law, as well as the influence of customary law on the modern international legal order, is raised.
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Đurđević, Nenad. "KOLEKTIVNI ASPEKT SLOBODE VEROISPOVESTI." In MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.005dj.

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By its importance to the greatest number of people, freedom of religion, both historically and in the modern world, has become their universal need and interest, with characteristics that enable and require a greater and more specific presence of law than in the case of the legal treatment of freedom of thought, conscience and religion, into which she herself enters. It is about the so-called absolute human right (the right of personality), for which a person cannot only be punished but also harassed, including forcing him to reveal his religion. Freedom of religion is, above all, man's spiritual sphere, which represents his forum internum. However, unlike freedom of thought and conscience, freedom of religion also has an external component (forum externum), i.e., a collective aspect, the essence of which is the possibility of professing faith in communication and community with other people, publicly and privately, through non-institutional and institutional forms. At the same time, for the vast majority of believers, the freedom to associate with others for the purpose of expressing their faith, that is, the possibility to freely form their own religious community in legally recognized forms, is of the same importance as the right to have a particular religion in general. Freedom of religion, as an individual right, can be annulled if it is not supplemented by the right of a religious group to build an infrastructure that enables individuals to fully enjoy that freedom and the right to autonomy in their internal affairs. The collective aspect of freedom of religion is often connected in practice with state intervention in favor of some, as a rule, majority religious community to the detriment of minority religious communities or with state interference in the internal organizational or personnel issues of a religious community. Many of these cases ended up before the European Court of Human Rights with a decision on the violation of freedom of religion, often with violations of the prohibition of discrimination or freedom of association. The European Court of Human Rights found in all those cases that such a position of the state is contrary to its obligation to act neutrally in relation to all churches and religious communities on its territory, from the point of view of realizing both individual and collective aspects of freedom of religion. The persecution of the Ukrainian Orthodox Church of the Moscow Patriarchate and its clergy by the Ukrainian state and the complete siding with the Ukrainian Orthodox Church of the Kyiv Patriarchate, which we have witnessed in recent years and especially in 2023, clearly show all the fragility and politicization of the guarantee of the collective aspect of freedom of religion when it conflicts with state and geostrategic interests and policies. We can also add the recent events regarding the adoption of the Law on Freedom of Religion in Montenegro and the conclusion of the Fundamental Agreement between the State of Montenegro and the Serbian Orthodox Church. It can be freely said that the realization of freedom of religion, and especially its collective aspect, for a certain religious community/group in practice most often essentially depends on its relationship with the state authority on whose territory it operates and the model of state-religious community relations applied in a particular state.
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Ahmad Khan, Kamal. "THE PROTECTION OF WOMEN UNDER LAW AND RELIGION: AN ANALYSIS." In World Conference on Women’s Studies. TIIKM, 2016. http://dx.doi.org/10.17501/wcws.2016.1104.

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Nguyen, Son Nam. "Trends in Law on Freedom of Belief and Religion in Vietnam." In Proceedings of the 5th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/sschd-19.2019.50.

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Antun Dujmović, Krševan. "LAW ON FREEDOM OF RELIGION AND ITS IMPLICATIONS ON THE EU ACCESSION OF MONTENEGRO." In SECURITY HORIZONS. Faculty of Security- Skopje, 2020. http://dx.doi.org/10.20544/icp.11.01.20.p37.

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The situation in Montenegro after the adaptation of the Law on Freedom of Religion and Legal Status of Religious Communities has been defined by massive protests, civil unrest and tense political situation. The main stakeholders are not just the biggest religious institutions in Montenegro – the Serbian Orthodox Church (SPC- Srpska Pravoslavna Crkva) but also the major political parties and citizens who were coming out in the streets of all major cities of Montenegro in consecutive weeks after the law was adopted on 27th December 2019. Major protests in Montenegro went on for three months until restrictions on public gatherings were introduced in March as a measure to curb the spread of the COVID-19 pandemic. The Law was published in Montenegro’s Official Gazette (No. 74/2019) on 30th December and came into force on 8th January 2020. Evidently, the legislative procedure in the Parliament of Montenegro (Narodna Skupština) purposely took place during the festive season, as Cristian Orthodox believers of the SPC celebrated Christmas on 7th January. However, the plan of Montenegro’s ruling elite assembled within the Democratic Party of Socialists of Montenegro (DPS - Demokratska partija socijalista Crne Gore) to pass the Law beyond the radar of the wider public, failed dramatically. DPS is the legal successor of the Communist party of Montenegro in former Yugoslavia, its president Milo Đukanović is also the President of Montenegro, and DPS along with its collation partners had the power in the country since the dissolution of Yugoslavia in 1991, including the incumbent government 146 (2016-2020) until the general elections on August 30th this year. The sheer scale of civil protests in Montenegro is unprecedented not just in the modern Montenegrin state after it gained independence in 2006, but has never been recorded in its history.
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Petrović, Luka. "SERVICE ACTIVITY OF TRADITIONAL CHURCHES AND RELIGIOUS COMMUNITIES IN THE REPUBLIC OF SERBIA." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.239p.

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The work deals with the area of services provided by traditional churches and religious communities, with the aim of gratification the religious needs of citizens. Commonly called religious organizations, churches and religious communities represent a specific type of social organizations that have a distinct influence on social events. By analyzing the regulations governing the activities and treatment of churches and religious communities, we come to the conclusion that the mentioned organizations perform worship services, religious rites and other religious activities that satisfy the needs of their believers. The indicated activities of religious organizations can be treated as religious services, that is, services of churches and religious communities. In this labor, we first conceptually define the term "religious services", and then point out certain specificities of this type of services. We consider the issue related to settlement of services provided by religious organizations to be the most sensitive. In that domain, it is important to take into account the autonomous law of religious organizations, which regulates these issues. At the very end, we will look at the question of the educational activity of religious organizations. Educational activities are carried out in two ways: through religious educational institutions and by organizing religious classes in state and private schools. In this way, religious organizations provide religious education services to citizens. It is the state's obligation to create conditions for the functioning and realization of religious education, given that the right to religious education is included in the corpus of human and minority rights and freedoms, ie it represents a constitutive element of freedom of religion.
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Reports on the topic "Religion and law"

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Gajić, Nikola. The Position of the Serbian Orthodox Church and the Serbian State Regarding the Montenegrin Law on Religious Freedom. Külügyi és Külgazdasági Intézet, 2021. http://dx.doi.org/10.47683/kkielemzesek.ke-2021.73.

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This study analyzes the role of religion in Orthodox countries, where religion plays an important role when it comes to national identity, focusing on Serbia and Montenegro. Apart from analyzing this specific connection, the paper addresses the politicization of religion by both the state and religious institutions during the turbulent events in Montenegro between 2019 and 2020. Critical discourse analysis and the Discourse-Historical Approach is used to analyze the potential but significant shift in the ethnoreligious and nationalist discourse of Serbian Orthodox Church officials. These methodological tools are used to observe the phenomenon of politicization of religion and frame the discourse of the two actors of this process, the Serbian state and the Serbian Orthodox Church. The paper concludes that the Serbian state has to “defend” the influential position of the Serbian Church due to their historical connection. By protecting the Church, the state is showing its dedication to the preservation of the Serbian national identity.
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Gallagher, Alan. Each in its own sphere : religion and law in Oregon history. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.5459.

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Editors, Intersections. The Politics of Religion at Home and Abroad. Intersections, Social Science Research Council, May 2024. http://dx.doi.org/10.35650/int.4066.d.2024.

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Ochab, Ewelina U. Addressing Religious Inequalities as a Means of Preventing Atrocity Crimes: The Case of the Uyghur Genocide. Institute of Development Studies (IDS), July 2021. http://dx.doi.org/10.19088/creid.2021.009.

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There is a big distance between religious inequalities and atrocity crimes. Indeed, religious inequalities do not necessarily lead to atrocity crimes; however, in certain cases they can. Examples of cases that portray this progression are those of Yazidis and Christian minorities in Iraq, and the Rohingya community in Myanmar. In certain situations, analysing religious inequalities can help to identify risk factors of genocidal atrocities, so a question that naturally arises is: can addressing religious inequalities help to mitigate and prevent atrocity crimes based on religion or belief? This paper focuses on the situation of the Uyghur population in China, where they are being persecuted for their religion or belief. It considers the law on freedom of religion or belief and other laws affecting the enjoyment of rights by Uyghurs in China as the foundation of religious inequalities. The paper further considers the deterioration of the Uyghurs’ circumstances by analysing some of the recent reported treatment of them against frameworks relevant to atrocity crimes, namely the UN Framework of Analysis for Atrocity Crimes and the Jacob Blaustein Institute for the Advancement of Human Rights Compilation of Risk Factors and Legal Norms for the Prevention of Genocide.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies, January 2022. http://dx.doi.org/10.55271/5jchdy.

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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies (ECPS), January 2022. http://dx.doi.org/10.55271/rp0001.

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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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Hungerman, Daniel. The Effect of Education on Religion: Evidence from Compulsory Schooling Laws. Cambridge, MA: National Bureau of Economic Research, April 2011. http://dx.doi.org/10.3386/w16973.

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Mocan, Naci, and Luiza Pogorelova. Compulsory Schooling Laws and Formation of Beliefs: Education, Religion and Superstition. Cambridge, MA: National Bureau of Economic Research, October 2014. http://dx.doi.org/10.3386/w20557.

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Yilmaz, Ihsan, and Kainat Shakil. Religious Populism and Vigilantism: The Case of the Tehreek-e-Labbaik Pakistan. European Center for Populism Studies (ECPS), January 2022. http://dx.doi.org/10.55271/pp0001.

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Religious populism and radicalism are hardly new to Pakistan. Since its birth in 1947, the country has suffered through an ongoing identity crisis. Under turbulent political conditions, religion has served as a surrogate identity for Pakistan, masking the country’s evident plurality, and over the years has come to dominate politics. Tehreek-e-Labbaik Pakistan (TLP) is the latest face of religious extremism merged with populist politics. Nevertheless, its sporadic rise from a national movement defending Pakistan’s notorious blasphemy laws to a “pious” party is little understood. This paper draws on a collection of primary and secondary sources to piece together an account of the party’s evolution that sheds light on its appeal to “the people” and its marginalization and targeting of the “other.” The analysis reveals that the TLP has evolved from a proxy backed by the establishment against the mainstream parties to a full-fledged political force in its own right. Its ability to relate to voters via its pious narrative hinges on exploiting the emotional insecurities of the largely disenfranchised masses. With violence legitimized under the guise of religion, “the people” are afforded a new sense of empowerment. Moreover, the party’s rhetoric has given rise to a vigilante-style mob culture so much so that individuals inspired by this narrative have killed in plain sight without remorse. To make matters worse, the incumbent government of Imran Khan — itself a champion of Islamist rhetoric — has made repeated concessions and efforts to appease the TLP that have only emboldened the party. Today, the TLP poses serious challenges to Pakistan’s long-standing, if fragile, pluralistic social norms and risks tipping the country into an even deadlier cycle of political radicalization.
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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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