Religions And Constitutional Transitions In The Muslim Mediterranean

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Religions and Constitutional Transitions in the Muslim Mediterranean

Alessandro Ferrari,James Toronto
Religions and Constitutional Transitions in the Muslim Mediterranean Book PDF

Author : Alessandro Ferrari,James Toronto
Publisher : Routledge
Page : 416 pages
File Size : 53,5 Mb
Release : 2016-09-13
Category : Law
ISBN : 9781317067115

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Religions and Constitutional Transitions in the Muslim Mediterranean by Alessandro Ferrari,James Toronto Pdf

This book investigates the role of Islam and religious freedom in the constitutional transitions of six North African and Middle Eastern countries, namely Morocco, Algeria, Tunisia, Egypt, Turkey, and Palestine. In particular, the book, with an interdisciplinary approach, investigates the role of Islam as a political, institutional and societal force. Issues covered include: the role played by Islam as a constitutional reference – a "static force" able to strengthen and legitimize the entire constitutional order; Islam as a political reference used by some political parties in their struggle to acquire political power; and Islam as a specific religion that, like other religions in the area, embodies diverse perspectives on the nature and role of religious freedom in society. The volume provides insight about the political dimension of Islam, as used by political forces, as well as the religious dimension of Islam. This provides a new and wider perspective able to take into account the increasing social pluralism of the South-Mediterranean region. By analyzing three different topics – Islam and constitutionalism, religious political parties, and religious freedom – the book offers a dynamic picture of the role played by Islam and religious freedom in the process of state-building in a globalized age in which human rights and pluralism are crucial dimensions.

Religions and Constitutional Transitions in the Muslim Mediterranean

Alessandro Ferrari,James Toronto
Religions and Constitutional Transitions in the Muslim Mediterranean Book PDF

Author : Alessandro Ferrari,James Toronto
Publisher : Taylor & Francis
Page : 200 pages
File Size : 52,7 Mb
Release : 2016-09-13
Category : Law
ISBN : 9781317067122

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Religions and Constitutional Transitions in the Muslim Mediterranean by Alessandro Ferrari,James Toronto Pdf

This book investigates the role of Islam and religious freedom in the constitutional transitions of six North African and Middle Eastern countries, namely Morocco, Algeria, Tunisia, Egypt, Turkey, and Palestine. In particular, the book, with an interdisciplinary approach, investigates the role of Islam as a political, institutional and societal force. Issues covered include: the role played by Islam as a constitutional reference – a "static force" able to strengthen and legitimize the entire constitutional order; Islam as a political reference used by some political parties in their struggle to acquire political power; and Islam as a specific religion that, like other religions in the area, embodies diverse perspectives on the nature and role of religious freedom in society. The volume provides insight about the political dimension of Islam, as used by political forces, as well as the religious dimension of Islam. This provides a new and wider perspective able to take into account the increasing social pluralism of the South-Mediterranean region. By analyzing three different topics – Islam and constitutionalism, religious political parties, and religious freedom – the book offers a dynamic picture of the role played by Islam and religious freedom in the process of state-building in a globalized age in which human rights and pluralism are crucial dimensions.

Constitutional Law, Religion and Equal Liberty

Azin Tadjdini
Constitutional Law Religion and Equal Liberty Book PDF

Author : Azin Tadjdini
Publisher : Routledge
Page : 146 pages
File Size : 41,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429576584

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Constitutional Law, Religion and Equal Liberty by Azin Tadjdini Pdf

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Religious Freedom and the Australian Constitution

Luke Beck
Religious Freedom and the Australian Constitution Book PDF

Author : Luke Beck
Publisher : Routledge
Page : 335 pages
File Size : 47,5 Mb
Release : 2018-03-19
Category : Law
ISBN : 9781351257749

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Religious Freedom and the Australian Constitution by Luke Beck Pdf

This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.

Free Exercise of Religion and the United States Constitution

Mark P. Strasser
Free Exercise of Religion and the United States Constitution Book PDF

Author : Mark P. Strasser
Publisher : Routledge
Page : 348 pages
File Size : 48,6 Mb
Release : 2018-02-28
Category : Law
ISBN : 9781351258548

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Free Exercise of Religion and the United States Constitution by Mark P. Strasser Pdf

The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.

Shari'a and the Constitution in Contemporary Legal Models

Federico Lorenzo Ramaioli
Shari a and the Constitution in Contemporary Legal Models Book PDF

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 304 pages
File Size : 44,5 Mb
Release : 2024
Category : Comparative law
ISBN : 9783031378362

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Shari'a and the Constitution in Contemporary Legal Models by Federico Lorenzo Ramaioli Pdf

Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea

The Juridification of Religion?

Helge Årsheim,Pamela Slotte
The Juridification of Religion Book PDF

Author : Helge Årsheim,Pamela Slotte
Publisher : BRILL
Page : 95 pages
File Size : 55,6 Mb
Release : 2017-10-23
Category : Law
ISBN : 9789004359864

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The Juridification of Religion? by Helge Årsheim,Pamela Slotte Pdf

Juridification of Religion? explores the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification.

Proportionality, Equality Laws, and Religion

Megan Pearson
Proportionality Equality Laws and Religion Book PDF

Author : Megan Pearson
Publisher : Taylor & Francis
Page : 216 pages
File Size : 46,6 Mb
Release : 2017-03-16
Category : Law
ISBN : 9781317074564

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Proportionality, Equality Laws, and Religion by Megan Pearson Pdf

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Islam and Women's Income

Farah Deeba Chowdhury
Islam and Women s Income Book PDF

Author : Farah Deeba Chowdhury
Publisher : Taylor & Francis
Page : 159 pages
File Size : 49,5 Mb
Release : 2016-12
Category : Law
ISBN : 9781315390697

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Islam and Women's Income by Farah Deeba Chowdhury Pdf

Women and Islam in Bangladesh -- Muslim family law in Bangladesh -- CEDAW, Islamic law and women in Bangladesh -- Dowry, women and law in Bangladesh -- Women, income and dowry in Bangladesh

Blasphemy, Islam and the State

Stewart Fenwick
Blasphemy Islam and the State Book PDF

Author : Stewart Fenwick
Publisher : Taylor & Francis
Page : 208 pages
File Size : 45,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781315527680

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Blasphemy, Islam and the State by Stewart Fenwick Pdf

This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.

Exploring Islam beyond Orientalism and Occidentalism

Christel Gärtner,Heidemarie Winkel
Exploring Islam beyond Orientalism and Occidentalism Book PDF

Author : Christel Gärtner,Heidemarie Winkel
Publisher : Springer Nature
Page : 335 pages
File Size : 42,7 Mb
Release : 2021-06-29
Category : Social Science
ISBN : 9783658332396

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Exploring Islam beyond Orientalism and Occidentalism by Christel Gärtner,Heidemarie Winkel Pdf

Islamic religion has become an object of political discourse in ways that also affects academic reflection; against this background this volume aims to provide a theoretically and empirically founded assessment of where social sciences currently stand with regard to Islam. For this purpose, the volume continues to develop the sociological knowledge of Islam that began in the 1980s. Given the Orientalism inherent in sociology, the volume focuses on Muslim knowledge systems and institutions, as well as the practice of Muslim religiosity in various social contexts stretching from Algeria and Morocco to Turkey.

Law and International Religious Freedom

Pasquale Annicchino
Law and International Religious Freedom Book PDF

Author : Pasquale Annicchino
Publisher : Routledge
Page : 116 pages
File Size : 42,5 Mb
Release : 2017-12-01
Category : Law
ISBN : 9781351858021

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Law and International Religious Freedom by Pasquale Annicchino Pdf

This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

Sites of Pluralism

Firat Oruc
Sites of Pluralism Book PDF

Author : Firat Oruc
Publisher : Oxford University Press
Page : 128 pages
File Size : 50,7 Mb
Release : 2019-05-15
Category : Political Science
ISBN : 9780190092665

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Sites of Pluralism by Firat Oruc Pdf

Scholars and policymakers, struggling to make sense of the ongoing chaos in the Middle East, have been focusing on the possible causes of the escalation in both inter-state and intra-state conflict. But the Arab Spring has shown the urgent need for new ways to frame difference, both practically and theoretically. Within some policy circles, at the heart of these conflicts lies a fundamental incompatibility between different ethno-linguistic and religious communities; it is held that these divisions impede any form of political resolution or social cohesion. Yet, despite this galvanized public focus on pluralism and 'minorities' within the turbulent Middle East, there has been limited scholarship exploring these tensions. Sites of Pluralism fills this significant gap, going beyond a narrow focus on minority politics to examine the larger canvas of community spheres in the Middle East. Through eight case studies from esteemed experts in law, education, history, architecture, anthropology and political science, this multi-disciplinary volume offers a critical view of the Middle East's diverse, pluralistic fabric: how it has evolved throughout history; how it influences current political, economic and social dynamics; and what possibilities it offers for the future.

The Sociology of Shari’a

Adam Possamai,James T. Richardson,Bryan S. Turner
The Sociology of Shari a Book PDF

Author : Adam Possamai,James T. Richardson,Bryan S. Turner
Publisher : Springer Nature
Page : 357 pages
File Size : 50,9 Mb
Release : 2023-04-10
Category : Social Science
ISBN : 9783031271885

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The Sociology of Shari’a by Adam Possamai,James T. Richardson,Bryan S. Turner Pdf

This edited collection focuses on the comparative analysis of the application of Shari’a in countries with Muslim minorities (e.g. USA, Australia, Germany and Italy) and majorities (e.g. Malaysia, Bangladesh, Turkey, and Morocco). Most chapters in this new edition have been revised and the book as a whole has been updated to give even more international coverage. This text provides a sociological and global analysis of a phenomenon that goes beyond the ‘West versus the rest’ dichotomy. One example of this is how included are case studies in Muslim minority countries not exclusively located in the West. Although the contributors of this book come from various disciplines such as law, anthropology, and sociology, this volume has a strong sociological focus on the analysis of Shari’a. The final part of the book indeed draws out from all the case studies explored some ground-breaking theories on the sociology of Shari’a such as the application of Black, Chambliss and Eisenstein’s sociological theories. This text appeals to students and researchers working in the sociology of religion.

Islam in a Post-Secular Society

Dustin Byrd
Islam in a Post Secular Society Book PDF

Author : Dustin Byrd
Publisher : BRILL
Page : 354 pages
File Size : 46,9 Mb
Release : 2017-04-11
Category : Social Science
ISBN : 9789004328556

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Islam in a Post-Secular Society by Dustin Byrd Pdf

Islam in the Post-Secular Society: Religion, Secularity and the Antagonism of Recalcitrant Faith critically examines the unique challenges facing Muslims in Europe and North America. From the philosophical perspective of the Frankfurt School’s Critical Theory, this book attempts not only to diagnose the current problems stemming from a marginalization of Islam in the secular West, but also to offer a proposal for a Habermasian discourse between the religious and the secular. By highlighting historical examples of Islamic and western rapprochement, and rejecting the ‘clash of civilization’ thesis, the author attempts to find a ‘common language’ between the religious and the secular, which can serve as a vehicle for a future reconciliation.