Aligning Religious Law And State Law PDF Download
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Author | : Muhammad Latif Fauzi |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Conflict of laws |
ISBN | : 9789004516106 |
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This book aims to offer a critical perspective on the relationship between locally-based norms and state legal norms on Muslim marriage in Indonesia. It delves into how the state bureaucracy implements and how people negotiate laws on Muslim marriage.
Author | : Muhammad Latif Fauzi |
Publisher | : BRILL |
Total Pages | : 254 |
Release | : 2023-07-03 |
Genre | : Religion |
ISBN | : 9004516115 |
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In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices. Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework. In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage. The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law. The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Author | : Jeroen Temperman |
Publisher | : BRILL |
Total Pages | : 441 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9004181482 |
Download State-Religion Relationships and Human Rights Law Book in PDF, ePub and Kindle
This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol
Author | : Elizabeth Eddy |
Publisher | : Routledge |
Total Pages | : 127 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351493876 |
Download Religion and the Law Book in PDF, ePub and Kindle
There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.
Author | : Joshua Dubler |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : Freedom of religion |
ISBN | : 9781479812417 |
Download Religion, Law, USA Book in PDF, ePub and Kindle
In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions.0What rights are protected by the Constitution's free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more.0Each chapter considers a specific keyword in the study of religion and law, such as "conscience," "establishment," "secularity," and "personhood." Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America
Author | : John McLaren |
Publisher | : State University of New York Press |
Total Pages | : 0 |
Release | : |
Genre | : Religion |
ISBN | : 9781438412542 |
Download Religious Conscience, the State, and the Law Book in PDF, ePub and Kindle
Examines claims to freedom of religion by minority, unorthodox faith groups and how these challenges to the state and the law have contributed to the development of civil rights discourse and practice.
Author | : Taylor & Francis Group |
Publisher | : Routledge |
Total Pages | : 372 |
Release | : 2021-06-30 |
Genre | : Church and state |
ISBN | : 9781032093062 |
Download Routledge Handbook of Religious Laws Book in PDF, ePub and Kindle
Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : Church and state |
ISBN | : |
Download Religion and the Law of Church and State and the Supreme Court Book in PDF, ePub and Kindle
Author | : Saumya Saxena |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2022-07-31 |
Genre | : Law |
ISBN | : 1108999654 |
Download Divorce and Democracy Book in PDF, ePub and Kindle
This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.
Author | : Lisa Fishbayn Joffe |
Publisher | : UPNE |
Total Pages | : 346 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1611683270 |
Download Gender, Religion, and Family Law Book in PDF, ePub and Kindle
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices