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Author: Jaclyn L. Neo Publisher: Cambridge University Press ISBN: 1108416179 Category : Law Languages : en Pages : 343
Book Description
Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.
Author: Jaclyn L. Neo Publisher: Cambridge University Press ISBN: 1108416179 Category : Law Languages : en Pages : 343
Book Description
Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.
Author: James T. Richardson Publisher: Springer Science & Business Media ISBN: 1441990941 Category : Social Science Languages : en Pages : 578
Book Description
Regulating Religion: Case Studies from Around the Globe presents, through the inclusion of contributions by international scholars, a global examination of how a number of contemporary societies are regulating religious groups. It focuses on legal efforts to exert social control over such groups, especially through court cases, but also with selected major legislative attempts to regulate them. As such, this analysis falls within the broad area of the sociology of social control and more specifically, legal social control, a topic of great interest when studying how contemporary societies attempt to maintain social order. The factual details about social and legal developments in societies where religion has been defined as problematic include Western and Eastern Europe, Asia, Oceania, and the Americas. This book will be of interest to researchers and students in the sociology of religion, the sociology of law, social policy, and religious studies as well as policy makers.
Author: Geetanjali Srikantan Publisher: Cambridge University Press ISBN: 1108901158 Category : Law Languages : en Pages : 260
Book Description
Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. This book investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.
Author: Li-ann Thio Publisher: Hart Publishing ISBN: 9781509937325 Category : Common law Languages : en Pages : 480
Book Description
"This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practice forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious offence clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases, scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states"--
Author: Myengkyo Seo Publisher: Routledge ISBN: 113503737X Category : Social Science Languages : en Pages : 211
Book Description
Although Indonesia is generally considered to be a Muslim state, and is indeed the world’s most populous Muslim-majority nation, it has a sizeable Christian minority as a legacy of Dutch colonialism, with Christians often occupying relatively high social positions. This book examines the management of religion in Indonesia. It discusses how Christianity has developed in Indonesia, how the state, though Muslim in outlook and culture, is nevertheless formally secular, and how the principal Christian church, the Java Christian Church, has adapted its practices to fit local circumstances. It examines religious violence and charts the evolution of the state’s religious policies, analysing in particular the impact of the 1974 Marriage Law showing how it enabled extensive state regulation, but how in practice, rather than reinforcing religious divisions, inter-religious marriage, involving the conversion of one party, is widespread. Overall, the book shows how Indonesia is developing its own brand of secularism, neither a full-blooded Islamic state like Saudi Arabia, nor an outright secular state like Turkey.
Author: Julia Stephens Publisher: Cambridge University Press ISBN: 1107173914 Category : History Languages : en Pages : 235
Book Description
Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.
Author: Melissa Crouch Publisher: Routledge ISBN: 1134508360 Category : Political Science Languages : en Pages : 282
Book Description
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
Author: Jamie Conner Publisher: ISBN: 9781536171747 Category : Languages : en Pages : 314
Book Description
Freedom of religion or belief implies that people have the right to embrace a full range of thoughts and beliefs, including those that others might deem blasphemous; freedom of expression implies that they have the right to speak or write about them publicly. These rights are guaranteed in international documents to which most countries have agreed. Chapter 1 examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The right to practice your religion freely is one of the cornerstone freedoms we have in the United States. Freedom of religion is in the very first amendment of the Bill of Rights in the Constitution. Other countries take a narrower view of freedom of religion. Some impose an official religion, while others actively persecute those practicing a disfavoured religion. Chapter 2 reports on the levels of religious freedom in different countries. The International Religious Freedom Act of 1998, requires the president to issue annually an International Religious Freedom Report and designate the worst violators as Countries of Particular Concern CPC a country so designated when its government has engaged in or tolerated particularly severe violations of religious freedom. Chapter 3 discusses the efforts of the United States to combat religious freedom violations in Eurasia. The gravity of the situation facing religious freedom in Central Asia is of particular concern. Despite the professed desire to enact more permissive regulations on religious life, the arguments opposing far-reaching reforms are cast in terms of national security and regime stability. The terms of this argument are familiar in Central Asia, not to mention in other parts of the Muslim world, where Islam simultaneously occupied a revered position in national, social, and private life, while also preoccupying national security agencies and regime loyalists who fear its potential to catalyse political opposition and terrorism as reported in chapter 4.
Author: Jaclyn L. Neo
Author: Jaclyn L. Neo
Author: James T. Richardson
Author: Geetanjali Srikantan
Author: Dian A. H. Shah
Author: Li-ann Thio
Author: Myengkyo Seo
Author: Julia Stephens
Author: Melissa Crouch
Author: Jamie Conner
Author: Human Rights Watch/Asia