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Journal articles on the topic 'Religion and law'

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1

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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3

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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7

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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9

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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Soebandi and Benny Haryono. "Perkawinan Beda Agama Yang Dilakukan Di Luar Negeri Berdasarkan Hukum Positif Di Indonesia." Jurnal Ilmiah Raad Kertha 3, no. 1 (July 9, 2020): 69–87. http://dx.doi.org/10.47532/jirk.v3i1.169.

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Every religion has provisions governing marriage, so everyone must obeyand be asked for their respective religions. Every Indonesian citizen who marries mustgo through their respective religious institutions. Because marriages based on birthbonds can be accepted as valid, it has been agreed to fulfill in Article 2 paragraph (1) ofLaw Number 1 of 1974, how legal marriages are conducted according to the law of eachreligion and its beliefs. Therefore, marriages must be carried out according to the law ofeach religion and belief, otherwise the marriage is not valid. While all religions inIndonesia do not allow marriages to be held if the two candidates are of differentreligions. For example, for Christians interfaith marriages are not legal, because theyare carried out according to the rules of the Christian religion not in accordance withthe conditions set out in the marriage. Every religion approved in Indonesia. Expellingeveryone to do a marriage different from religion is not in accordance with Indonesianreligious and national law.
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12

Bisyri, Muhammad. "DINAMIKA POLITIK PENDIDIKAN AGAMA DI INDONESIA." TARBIYA: Journal of Education in Muslim Society 1, no. 2 (December 28, 2014): 255–74. http://dx.doi.org/10.15408/tjems.v1i2.1272.

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Law No. 4/1950 Jo. Law No. 14/1954 stated that the purpose of education was to create a moral human being. It was interpreted that moral human being could be created not only through religion because the basis of moral was not always religion. Therefore, in the 1950s religion was not compulsorily taught at school. At later stage, as stipulated in Law No. 2/1989 that education was to create a complete human being devoting to God Almighty One, religion was a compulsory at school. The gap between these laws was that school with certain religion was not required to teach other different religions. This stipulation has later become problematic. In 2003, Law No 20 about national education system was enacted emphasizing the existence of religion education. This law mandated that religion was a compulsory in every education institution whereby the subject matters to be suited to the students and taught by the relevant teacher. It has been apparent that education has historically been improved from time to time. DOI: 10.15408/tjems.v1i2.1272
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13

Christoffersen, Lisbet. "Religion and Normativity. Religion, Politics and Law." Dansk Teologisk Tidsskrift 74, no. 2 (June 16, 2011): 174–75. http://dx.doi.org/10.7146/dtt.v74i2.106384.

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14

McIvor, Méadhbh. "Law and Religion Scholars’ Network: Cardiff Festival of Law and Religion." Ecclesiastical Law Journal 18, no. 3 (August 8, 2016): 351–54. http://dx.doi.org/10.1017/s0956618x16000582.

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15

Nugraheni, Prasasti Dyah. "THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS." Law and Justice 4, no. 2 (November 19, 2019): 68–82. http://dx.doi.org/10.23917/laj.v4i2.8015.

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Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
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16

Gudorf, Christine E. "Religion, Law, and Pentecostalism in Indonesia." Pneuma 34, no. 1 (2012): 57–74. http://dx.doi.org/10.1163/157007412x621680.

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Abstract Since Indonesian independence the state has attempted to protect freedom of religious practice by managing religions, and has enacted many religious regulations. Three of those regulations which especially impact the work of Pentecostals are the limits on financial aid from abroad, the ban on proselyzation, and the requirement for FKUB permits for building houses of worship. Because of these regulations, Pentecostal spread in Indonesia is both generally suspect, and a further problem for the state Ministry of Religion, charged with maintaining religious stability.
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17

Murillo, José Ignacio. "Religión, razón y convivencia. Entrevista a Rémi Brague." Anuario Filosófico 40, no. 3 (September 18, 2018): 575–95. http://dx.doi.org/10.15581/009.40.29248.

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Prof. Brague explores in this interview the usefulness of the study of medieval thought in order to understand the problems of our time. He reflects on the different approaches to reason, politics and religion in Islam and Christianity, and the problems which derivate from the radical modern separation between society and religion. Is it correct to ascribe the casuse of social conflicts to religion or to a strong rationality? Is it possible in the long run to build a society without any religion? Why is the notion of natural law controversial in modern times? And what is the relation between natural law and the law of God, as proposed by certain religions?
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18

Wahyuni, Sri. "Kontroversi Perkawinan Beda Agama di Indonesia." Al-Risalah 11, no. 02 (December 1, 2018): 14. http://dx.doi.org/10.30631/al-risalah.v11i02.466.

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This article discusses the law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66, the law expert stated that there is a vacant in that law, thus the rules of different‐religion marriage can be applied. In that way, the marriage between different religions can be done in the register office. On the reality, people of Indonesia still demand the application of marriage between different religions. That conclusion is gathered from the many marriages between different religions which relatively difficult to be done. For that reason, that problem needs to get solution
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Wahyuni, Sri. "Kontroversi Perkawinan Beda Agama di Indonesia." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 11, no. 02 (December 1, 2018): 14–34. http://dx.doi.org/10.30631/alrisalah.v11i02.466.

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This article discusses law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66, the law expert stated that there is a vacant in that law, thus the rules of different‐religion marriage can be applied. In that way, the marriage between different religions can be done in the register office. On the reality, people of Indonesia still demand the application of marriage between different religions. That conclusion is gathered from the many marriages between different religions which relatively difficult to be done. For that reason, that problem needs to get solution.
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20

Sandberg, Russell. "Laws and Religion: Unravelling McFarlane v Relate Avon Limited." Ecclesiastical Law Journal 12, no. 3 (August 20, 2010): 361–70. http://dx.doi.org/10.1017/s0956618x10000451.

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The Labour Government (1997–2010) created a large number of new laws affecting religion. The Blair and Brown years saw the incorporation of Article 9 of the European Convention on Human Rights into domestic law, the creation of religiously-aggravated offences, the recognition of civil partnerships, and a tide of legislation affecting education, charities and equality law, which saw the extension of the law to cover discrimination on grounds of religion or belief. And all this legislation has resulted in an abundance of case law. There is more ‘religion law’ – national and international law affecting religion – than ever before. And, for some time, there has been an implicit tension in English law between this new religion law and older laws protecting religion. These old laws, many still on the statute books, were based upon a different premise. They often sought to protect Christianity in general (or the Church of England in particular) as the norm, while providing some degree of toleration for other faiths. Moreover, the legal regulation of religion was characterised by a lightness of touch. The new religion law, by contrast, is facilitative, seeking to protect religious freedom mainly as an individual right which needs to be balanced against other rights. No special protection is afforded to any one religion and protection is often afforded to non-religious beliefs. The new legal framework affords utmost importance to the concept of religious neutrality as the State takes on the role of facilitating the religious market place. The tension between the old laws on religion and the new ‘religion law’ can be seen, for example, in the abolition of the offence of blasphemy (which favoured the Church of England in particular) and its replacement by offences concerning religious hatred (which covers all religions). This tension has recently come to the fore in the Court of Appeal ruling in the application for leave to appeal in McFarlane v Relate Avon Limited.
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Bowen, John. "Religion, Law, and Pluralism." PoLAR: Political html_ent glyph="@amp;" ascii=""/ Legal Anthropology Review 23, no. 1 (May 2000): 180–84. http://dx.doi.org/10.1525/pol.2000.23.1.180.

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Warczok, Tomasz, and Hanna Dębska. "Politics, Religion and Law." Zeitschrift für Rechtssoziologie 42, no. 1 (May 1, 2022): 67–88. http://dx.doi.org/10.1515/zfrs-2022-0004.

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Abstract One of the key principles of the rule of law is the independence of the judiciary. This idea is usually presented in an abstract and normative way, while its meaning remains highly debatable. Leaving aside formal and legal assumptions, this article focuses on a detailed examination of a specific court – the Polish Constitutional Tribunal (CT) – an institution commonly perceived as one that has recently lost its “independence” in favour of subordination to political power. In order to show that this process is deeply complex and far from being common-sense, we replace the category of “(in)dependence” with the more appropriate notions of relative autonomy and heteronomy. Therefore, the object of a detailed analysis is the biographical trajectories of all CT judges elected between its establishment in 1985 and 2019. Applying geometric analysis to prosopographical data (a collective biography of judges), allows us to demonstrate the multidimensionality and dynamics of the autonomy (or heteronomy) of a key judicial institution and reveal hidden power relations (legal, political, religious, etc.) that go beyond the common-sense “politicization of law”.
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Trigg, Roger. "Religion, law and society." Philosophers' Magazine, no. 64 (2014): 92–98. http://dx.doi.org/10.5840/tpm20146420.

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Noonan, John T., and John A. Robilliard. "Religion and the Law." American Journal of Comparative Law 33, no. 4 (1985): 765. http://dx.doi.org/10.2307/840461.

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Dingemans, James. "Employment Law and Religion." Revue internationale de droit comparé 66, no. 3 (2014): 713–22. http://dx.doi.org/10.3406/ridc.2014.20411.

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ROBBERS, G. "Community Law on Religion." European Journal for Church and State Research - Revue européenne des relations Églises-État 8 (January 1, 2001): 275–78. http://dx.doi.org/10.2143/ejcs.8.0.505027.

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Beckford, James A. "Religion, Law and Society." Journal of Contemporary Religion 30, no. 3 (September 2, 2015): 536–37. http://dx.doi.org/10.1080/13537903.2015.1081364.

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Jamar, Steven D., Mark W. Janis, and Carolyn Evans. "Religion and International Law." Journal of Law and Religion 16, no. 2 (2001): 609. http://dx.doi.org/10.2307/1051703.

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Crosson, F. "Religion and Natural Law." American Journal of Jurisprudence 33, no. 1 (January 1, 1988): 1–17. http://dx.doi.org/10.1093/ajj/33.1.1.

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Laycock, Joseph P. "Religion, Law, and Society." Journal of Church and State 57, no. 3 (June 30, 2015): 555–56. http://dx.doi.org/10.1093/jcs/csv043.

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Amesbury, Richard, and Winnifred Fallers Sullivan. "Introducing Law and Religion." Religious Studies Review 44, no. 3 (September 2018): 265. http://dx.doi.org/10.1111/rsr.13520.

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Amesbury, Richard, and Winnifred Fallers Sullivan. "Introducing Law and Religion." Religious Studies Review 45, no. 2 (June 2019): 151. http://dx.doi.org/10.1111/rsr.13958.

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Janis, Mark W. "Religion and International Law." Proceedings of the ASIL Annual Meeting 87 (1993): 321–22. http://dx.doi.org/10.1017/s0272503700079994.

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Rynkowski, Michał. "Religion in Criminal Law." Ecclesiastical Law Journal 11, no. 1 (December 10, 2008): 104–6. http://dx.doi.org/10.1017/s0956618x09001756.

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The twentieth Annual Congress of the European Consortium for Church and State Research was held in Järvenpää in Finland, on the subject of Religion in Criminal Law. It was held at the Training College of the Evangelical-Lutheran Church, hosted by and ceremonially opened by Matti Repo, Bishop of the Evangelical-Lutheran Church of Finland, Joni Hiitola from the Ministry of Education and Professor Sophie van Bijsterveld, President of the European Consortium.
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Mattson, Ingrid. "Islamic Law and Religion." American Journal of Islam and Society 10, no. 4 (January 1, 1993): 575–78. http://dx.doi.org/10.35632/ajis.v10i4.2486.

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Although the seminar's presentations were not centered around asingle issue in Islamic law, two common purposes were apparent: to explorethe nature of change in Islamic law and to understand the relationshipbetween religious authority and the practice of the law.It is useful to begin with the presentation of Abbas Amanat (YaleUniversity) on the history of modem Shi'i law, since he was the onlyspeaker who held to the characterii.ation of Islamic law (at least in modemIran) as removed from practical life, concerned with insignificant detailsof ritual, and heir to a textual tradition reduced to commentaries oncommentaries. Amanat decried the fact that the Iranian ulema missed theopportunity in the nineteenth century to refonn significantly the legal system.He argued that the success achieved by the religious scholars in instigatingthe tobacco boycott of 1891 should have mobilized them to callfor significant institutional changes in Iranian law. Yet with the end ofthe boycott, the scholars returned to the same old business of speculatingon questions irrelevant to the needs of a changing society.Amanat admitted in the question and answer period that the ulemawere restricted by political circumstances; indeed they may not have survivedto seize control of the government in our times if they had pressedfor reform too quickly. lbis is an issue that has not been explored sufficientlyin the history of Islamic law: when jurists had no direct coercivepower over governments, how did they use their moral authority to effectchange? No doubt there were always individuals who had few scruplesabout endorsing whatever the ruling elite desired, yet there were otherswho pressed for change when they calculated that such pressure could beeffective. Close biographical studies of individual scholars in their social ...
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Rees, John. "Religion, Politics and Law." International journal for the Study of the Christian Church 11, no. 1 (February 2011): 101–3. http://dx.doi.org/10.1080/1474225x.2011.548628.

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Kirk, Russell. "Justice, Law, and Religion." Humanitas 3, no. 2 (1989): 1–6. http://dx.doi.org/10.5840/humanitas1989323.

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Sullivan, Winnifred Fallers. "Law and Religion Studies." Religious Studies Review 50, no. 1 (March 2024): 89–90. http://dx.doi.org/10.1111/rsr.17061.

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Lourenço, Eduardo. "Religion, religions et laïcité." Études Février, no. 2 (January 24, 2017): 53–63. http://dx.doi.org/10.3917/etu.4235.0053.

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Avec liberté d’esprit et ampleur de vue, l’essayiste Eduardo Lourenço, éminent spécialiste de Fernando Pessoa et de la saudade (la mélancolie portugaise), grand théoricien de l’Europe et fin observateur du monde, revisite non sans poésie les liens d’interdépendance entre laïcité, christianisme et culture européenne.
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Sekarbuana, Made Widya, Ida Ayu Putu Widiawati, and I. Wayan Arthanaya. "Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia di Indonesia." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 16–21. http://dx.doi.org/10.22225/jph.2.1.3044.16-21.

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Presence of law number 1 Year 1974 about marriage can not provide legal protection as a whole in every marriage phenomenon, particularly in marriage different religions in Indonesia. Marriage law legitimately based on religion, but on human rights as privileges asserted freedom and marriage customs, embraced religion as a fundamental right that cannot be intervened by anyone. Problems of research 1) How marriage settings different religions in Indonesia? 2) How different religious marriage is a logical consequence of human rights perspective? This research is normative method, legal research with the study of the library of primary and secondary legal materials. Based on the findings of the research: 1) the Act of marriage has not provided certainty for couples who make marriage difference religion, there’s still a void marriage norms about different religions and conflict norms regarding legitimately marriage. 2) Different religious marriage discriminatory, religion is fundamental right that has been reserved and disinterfacking, the phenomenon raises consequences for one party with bowed themselves follow the religion of her partner. The Government expected to conduct observations regarding the effectiveness of the rules marriage and harmonization in Indonesia was not going empty, blurred or conflict of norms.
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41

Halimang, St. "Sociological Study of Islamic Law on the Impact of Interfaith Marriage in Domestic Life (Study in Tirawuta District, East Kolaka District, Indonesia)." Journal of Law and Sustainable Development 11, no. 11 (November 23, 2023): e670. http://dx.doi.org/10.55908/sdgs.v11i11.670.

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Objective: Interfaith marriages are prohibited from a religious perspective, but this still happens in household life in Tirawuta District, East Kolaka Regency. This study aims to determine the impact and considerations based on the sociology of Islamic law on interfaith marriage families. Methods: The problem in this research is related to the negative impact and how Islamic law shari'ah perceives the phenomenon of interfaith marriage. This research is a descriptive qualitative study, using a normative syar'i and sociological approach, classified as field research. The data collection technique used is observation, interviews, documentation, data analysis techniques used, descriptive qualitative. As for checking the data, the validity of the data, triangulation is used. Result: The results of the study were thirteen pairs of different religions; the marriage process was agreed according to the agreed religious process. The occurrence of interfaith marriages is due to several factors such as economic factors, a person's curiosity about Islam, and a lack of religious knowledge. This continues to have a positive impact but also a negative impact. The impact caused by interfaith marriages has a positive impact because there are still partners who are committed to building a household and worship according to the Islamic religion, negative because there are still partners who follow the religion they like, after the marriage they return to their original religion, they are easily divorced. The sociological conditions of families of different religions in Tasahea village are conducive, according to the nature and characteristics of Islamic law which requires humanity and morality. Conclusion: Interfaith marriages can have quite a disturbing impact on Islamic religious ideology which is inconsistent with the objectives of Islamic law, especially maintaining religion. In principle, Islamic law forbids interfaith marriages to prevent the danger of apostasy, the breakdown of the household due to ideological complications, creeds that carry a high risk of converting religions, the stakes of the religion of their offspring because religion is seen as a game.
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42

Kislowicz, Howard. "JUDGING RELIGION AND JUDGES' RELIGIONS." Journal of Law and Religion 33, no. 1 (April 2018): 42–60. http://dx.doi.org/10.1017/jlr.2018.10.

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AbstractIn liberal democracies with religiously diverse populations, it would be surprising and troubling if a judge relied on a religious text or precept to resolve a legal dispute. It would deeply offend principles of religious freedom if individuals were bound by judicial pronouncement to obey the dictates of a faith they do not share. However, some commentators have long claimed that a person's cultural worldview has an impact on the way they interpret laws and facts, and there is some empirical support for this claim. There is thus reason to expect that judges’ worldviews have some effect on their decision-making. I argue that when judges deliberately avoid engaging with their own moral perspectives, they may mask to themselves the impact that such perspectives have on their decisions. The alternative of explicit reference to religious sources in judicial decisions, however, is too problematic for the religious freedom of legal subjects. I argue that judges should instead endeavor to be conscious of the influence their backgrounds have on their decision-making, but suggest that judicial institutions may be resistant to adopting practices that would support such an approach. The article draws on Canadian and American case law to demonstrate its argument but has wider applicability to liberal states.
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Akhverdiev, Erwin, and Alexander Ponomarev. "Religion as Factor in Formation of Law: Current trends." SHS Web of Conferences 50 (2018): 01024. http://dx.doi.org/10.1051/shsconf/20185001024.

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This article consists of the following parts: introduction, methodology, research results, analysis, and discussion. The article is devoted to religious law formation research from a historical and modern prospective. The authors consider the most prevalent religions in present-day society such as Hinduism, Christianity, Islam, and Buddhism and the way in which these religions influence legislation of India, Russia, Thailand, the United Kingdom and Muslim states. Furthermore, the author researches relationship between religion, law, and morality to reveal theoretical and practical links between religion and law. The explanation of the criteria for the legal provisions morality of is an obvious fact. In this regard, analysis of religious values and morality mutual influence is a necessary step of scientific research. This point provided a basis for studying the basic tenets of Christianity, Islam, Hinduism, and Buddhism in terms of their ability to determine law. In conclusion, the authors note that the search for the rule we are looking for is not absolute, and many lawyers denied the very possibility of its existence. However, the authors come to the conclusion that complete denial of religious determinism of law restricts the range of possible tools for studying law formation.
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Yaakob, Adzidah, and ‘Ainun Syafiqah Rajuddin. "THE PROTECTION OF ISLAM FROM RELIGIOUS INSULT IN THE CONTEXT OF FREEDOM OF EXPRESSION." Malaysian Journal of Syariah and Law 5, no. 2 (December 29, 2017): 1–23. http://dx.doi.org/10.33102/mjsl.vol5no2.42.

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The purpose of this study is to examine the nature of freedom of expression from three perspectives of laws, namely, international human right law, Malaysian law as well as Islamic law, and its relation in protecting religion of Islam from religious insult. The study argues that there ought to be a legal protection equipped to religion in order to protect religion from being insulted and indirectly to maintain the peace and the public order in the world. The protection cannot be viewed as violation to the freedom of expression but it shall be viewed as one of restrictions to the freedom of expression because no right or freedom is absolute. The findings indicate that the protection to religion from religious insult has never been regarded as a necessary because it clashes with the freedom of expression. Lastly, the study concludes with recommendations on how to strike a balance between the freedom of expression and the right to have religion to be protected as well as a proposal to develop an international anti-blasphemy law protecting all religions and beliefs. By implementing these methods, religion of Islam can be protected from religious insult and peoples can no longer invoke their freedom of expression as an excuse.
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Vickers, Lucy. "Promoting equality or fostering resentment? The public sector equality duty and religion and belief." Legal Studies 31, no. 1 (March 2011): 135–58. http://dx.doi.org/10.1111/j.1748-121x.2010.00187.x.

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The paper assesses the extension of the public sector equality duty to cover religion and belief. The duty on public authorities is to have due regard to the need to eliminate discrimination, harassment and victimisation on grounds of religion and belief; and advance equality of opportunity and foster good relations between people of different religions (and none). The paper considers a number of concerns about how this duty may be applied in the context of religion and belief, and, in particular, that it could give rise to resentment between communities rather than fostering good relations. It is suggested that the potential difficulties of such a duty, when applied to religion and belief, may be lessened if it is based overtly on a concept of equality which aims to address disadvantage, rather than on a concept based on dignity or recognition.
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Sullivan, Winnifred Fallers. "Law and Religion Beyond Liberalism." Religious Studies Review 47, no. 1 (March 2021): 41–45. http://dx.doi.org/10.1111/rsr.15037.

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47

Englard, Izhak. "Law and Religion in Israel." American Journal of Comparative Law 35, no. 1 (1987): 185. http://dx.doi.org/10.2307/840166.

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48

MacLean, Marjory A. "Book Reviews : Law and Religion." Expository Times 114, no. 6 (March 2003): 209–10. http://dx.doi.org/10.1177/001452460311400616.

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Rohrman, Douglass F. "Religion, law, and the environment." Frontiers in Ecology and the Environment 5, no. 1 (February 2007): 51. http://dx.doi.org/10.1890/1540-9295(2007)5[51:rlate]2.0.co;2.

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50

Totaro, Angelo, Andrea Volpe, Marco Racioppi, Francesco Pinto, Emilio Sacco, and Pier Francesco Bassi. "Circumcision: history, religion and law." Rivista Urologia 78, no. 1 (2011): 1–9. http://dx.doi.org/10.5301/ru.2011.6433.

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