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In this study, with a critical approach, the view of Hasan Hanafī as for the relations between religious law and government is investigated; meanwhile, first, his approach toward the dual quiddity of politics/ religious law is explored, and then, the relations between these two for organizing issues like government (which is the pivotal issue of politics in modern era) are explored. Formation of modernity in modern era based on the Western, political order -- which is managed in the phenomenon of government -- suggested Muslims that the way to abandon the extant backwardness in Islamic societies is the provision of conventional answers (regardless of religion) to challenges such as the issue of government, legitimacy, and how it should be organized. Therefore, the political, social contemporary Muslim thinkers tried to face such challenges. The data of the present study is gathered using the library method and is explored with a descriptive-analytic approach. The most important result of this study is the attention of Hasan Hanafī to the political, the formation of efficient government, and all the more the pillars of legitimacy and acceptance of such a government in Islamic societies; he has tried -- in his own view -- to provide an updated answer to them, an answer which is based on the requirements of the society. [ABSTRACT FROM AUTHOR]

The presence of the conservatives in Mexico, and their main characters, is long-standing. In Mexican history, some of the conservative movements have been present in religious thinking, especially in Catholicism, e.g., the quick departure from socio-cultural and political Mexican spaces as a consequence of the evangelical Spanish process, whose roots come from the XVI century Of the population in contemporary Mexico (7.7% belong to Catholicism, 2.5% to Evangelical Christians and Protestants, and 2.5% to non-Christian groups, while 8.1% do not follow a religion. Catholicism has a significant presence and influence on different forms of belief and practice in daily life in Mexico. This paper aims to highlight the role of the conservative movement called Frente Nacional por la Familia. It presents its history as the heritage of other conservative movements in Mexico, the stages of its formation, and the agenda and intervention in public life. The methodological approach is qualitative, using multi-situated ethnography. The results allow us to visualize the construction of the public agenda with legislative strategies that have operated with relative success and national presence, obstructing the progress of the proposals of feminist groups and sexual diversity and the defense of a national and cultural project that has as one of the symbols the traditional family. [ABSTRACT FROM AUTHOR]

This study is conducted to analyse the Rights of women and children and how important they are to live in Pakistan. The given rights to children and women according to the Sharia principles are violated nowadays in Pakistan, and it has a deep impact on individuals. This study compares the rights of women and children provided by three different religions (Islam, Hinduism, and Christianity). Every religion has its way of guiding its people about worshipping methods and different aspects of life. However, every religion contains a common subject of Rights. Islam and Hinduism have acknowledged the equality of mankind irrespective of their social status and gender as far as their rights are concerned. For this study, secondary qualitative data is used by conducting in-depth interviews of the different religious participants, including opinionated personalities, civil society activists, human and feminine rights groups, eminent lawyers, and judges to draw the recommendations will also be included. In this respect inferences from other Islamic country's experiments shall also be included along with the in-depth thematic analysis of the current issues faced by the children and women of different religions. Every religion has some points which are not in favor of equal rights for women and children. It should be looked after with complete concentration and make sure that the people are providing rights to women and children. Future research must be taken to enlighten further aspects of rights which are still not fulfilling, and people are getting violated because of aspects other than gender and age. [ABSTRACT FROM AUTHOR]

This article examines the epistemic bias of comparative law scholarship. Comparatists are unable or unwilling to recognise the religious dimensions in Western law as they see religion only in the context of non-Western law. This problem is typical of modern macro-comparative law, which fails to recount the influence of Christianity on Western law and legal culture. The article invites legal scholars to reach beyond the notions of 'religious law' and 'secular law' in terms of classifying the world's legal systems. Firstly, the article explains how comparative law has a problematic relationship with religion; secondly, it shows that, despite Christianity having been deemed a thing of the past, its influence can and should also be charted in modern law. I argue for a need to rethink the manner in which Western law is depicted as a thoroughly secular law as opposed to the religious law of exoticised others. [ABSTRACT FROM AUTHOR]

After World War II, the communist security apparatus blackmailed, persecuted and murdered priests who resisted the government. In every political trial against Polish citizens, some priest or other clergyman sat on the defendants’ behalf. In addition to the accusations of inciting war, accusations of moral corruption of youth and children, embezzlement, attempts to overthrow the system, espionage for foreign intelligence, etc., were also common. The resources of the Office for the Disclosure and Archiving of Documents of the branch of the Institute of National Remembrance in Warsaw contain a collection of documents consisting of 37 typescript cards with the title: Statement of facts and symptoms of hostile activities performed by spiritual persons of the roman-catholic Church in the Gorzow (Gorzów) diocese in the period of 1945–1963. The title page of the collection indicates that it was produced in Office „C” of the Ministry of Internal Affairs with the preservation of „classified” clause. It was declassified by the decision of the Head of the Office for State Protection of October 5, 1999 and transferred to the resources of the Institute of National Remembrance in Warsaw, when this institution was established, where it was given the reference number: IPN BU 0397/468, vol. At the seat of the Office for Disclosure and Archiving of Documents of the Institute of National Remembrance in Szczecin, as part of the research project carried out on June 25, 2009, copies of these documents were made and the author was in possession of these. Based on this archival collection, a historical analysis was made according to the nature of crimes related to the hostile activity of the Roman Catholic Church clergy in terms of legal and propaganda terminology from the communist period. These were the classifications of crimes: activities related to the underground, espionage, illegal possession of weapons, enemy propaganda (e.g. against patriots and political organizations, against the political principles of the People’s Republic of Poland, against the policy of the state towards the Church, and others) and against the legislation of the Polish People’s Republic (i.e. the decree on freedom of conscience and religion, the law on assemblies, the law on termination of pregnancy, secularism, financial regulations and ordinances, construction regulations, distribution without debit and others). According to the data contained therein, in general, 162 priests were hostile against the authorities, while the recorded facts of hostile actions by the clergy were recorded 215.

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper experiments with Burton Mack's invitation to rethink how scholars frame the past by examining two discourses in Copto-Arabic studies. First, I present the scholarly discourses of the twentieth and twenty-first centuries about the medieval Coptic past, and second, I examine how the traditional past is perceived in two medieval Copto-Arabic legal collections. I claim that closely reading these collections reveals the ways that their authors theorized and negotiated the authority of the past. There are marked differences between the two collections – differences that defined their intellectual contributions and their place in the tradition. More broadly, I demonstrate that Mack's invitation to rethink and redescribe our subjects' narratives about themselves can enrich Copto-Arabic scholarship by opening hitherto untapped areas, especially in the sociolegal realm. [ABSTRACT FROM AUTHOR]

The early stages of establishing the modern Vietnamese state witnessed the recognition and establishment of legal frameworks about belief and religion, reflecting a growing consciousness and regulatory efforts in this domain. The perspectives held by the Communist Party of Vietnam and the legal framework established by Vietnamese legislation have established an environment conducive to the exercise of freedom of belief and religion by all individuals. Consequently, with societal progress, Vietnam has emerged as a nation characterized by an extensive array of religious and belief systems, positioning it among the most diverse and culturally affluent countries globally. The advancement of religious practices and beliefs in Vietnam necessitates the enhancement of legal frameworks to safeguard the freedom of belief among the populace. The article examines the significant changes that have taken place in Vietnam's laws on religion and belief, with a focus on ensuring freedom during their formation and development. [ABSTRACT FROM AUTHOR]

The presence of the conservatives in Mexico, and their main characters, is long-standing. In Mexican history, some of the conservative movements have been present in religious thinking, especially in Catholicism, e.g., the quick departure from socio-cultural and political Mexican spaces as a consequence of the evangelical Spanish process, whose roots come from the XVI century Of the population in contemporary Mexico (7.7% belong to Catholicism, 2.5% to Evangelical Christians and Protestants, and 2.5% to non-Christian groups, while 8.1% do not follow a religion. Catholicism has a significant presence and influence on different forms of belief and practice in daily life in Mexico. This paper aims to highlight the role of the conservative movement called Frente Nacional por la Familia. It presents its history as the heritage of other conservative movements in Mexico, the stages of its formation, and the agenda and intervention in public life. The methodological approach is qualitative, using multi-situated ethnography. The results allow us to visualize the construction of the public agenda with legislative strategies that have operated with relative success and national presence, obstructing the progress of the proposals of feminist groups and sexual diversity and the defense of a national and cultural project that has as one of the symbols the traditional family.

Over the last 30 years, work at Cardiff University by my colleagues and I have identified and shaped the study of law and religion in England and Wales and have explored its interdisciplinary interaction with theology, history and sociology. This article draws upon, summaries and develops my previous work on the interaction between law and religion and the sociology of religion to focus in on particular on what could be achieved by employing a sociological perspective to the internal laws of religions. It falls into two sections. The first will explore the merits of a sociological approach to religious law generally while the second will focus on how the internal laws of religion can be better understood through application of social systems theory.

When Jōdo Shin Buddhist leaders gathered for a conference in early 1941 to formulate their sect's wartime response, they did so at the bidding of their sect's kanchō, or administrative head. To explain organizational dynamics that contributed to patterns of war support by Japanese Buddhists, this article details the state's imposition of a kanchō system of governance on Buddhist organizations from 1884 to 1945. While Buddhist organizations had leeway in determining the selection process, term length, and specific powers of their kanchō, in all cases extraordinary authority was concentrated in a single individual. This article details how the kanchō system was implemented in major Zen, Jōdo Shin, Jōdo, Shingon, Nichiren, and Tendai organizations; examines the pro-war activities of kanchō prior to and during the Fifteen Years' War period (1931-1945); and uses the case of the 1941 Shin Doctrinal Studies Conference to illustrate how the autocratic kanchō organizational structure amplified a sect's most pro-war voices. [ABSTRACT FROM AUTHOR]

This study intends to explain the phenomenon of ideological distrust among Indonesian students, the normalization of state-religion relations, and their evaluation of religious law in the national legal system. This study used primary data obtained from a 6-month online survey. It concludes that ideological distrust among students does not correlate with the political track records and capacity of state actors, instead, it correlates with the evaluation of religious norms that these students adhere to. The improvement in the performance quality of public institutions is not capable to reduce the distrust among students toward the state ideology. Meanwhile, Muslim students deem that the normalization of state-religion relations in Indonesia is necessary since the two are not in a harmonious condition and the current legal system still ignores religious norms.

Once voted into office, populist governments have often found undemocratic means to prolong their stay. The literature on populists in power is evolving and expanding. However, it has mainly focused on how the populists in power attack institutions such as the judiciary, rule erosion, and dirty institutionalism. How populists make use of the law and the judiciary to prolong their authoritarian rule remains an area that is under-researched. The populists' use of informal institutions such as the unofficial law when in power has not been studied either. This paper addresses these gaps in the populism literature by studying Turkey's Islamist populist ruling party's use of informal law in prolonging its authoritarian rule. The paper argues that the Islamist civilisational populist AKP has been using informal Islamist law for both the legitimation of its rule and the repression of the opposition. It shows how the AKP officials, the state's Directorate of Religious Affairs (Diyanet), the pro-AKP Sharia scholars, and other informal religious authorities employ the civilisational populist Islamist legal narrative to argue that according to Sharia it is obligatory to choose the side of the God that is represented by the AKP and to vote against the infidel opposition that is an existential danger to the pure Muslim people of Turkey and their religion. The paper combines and contributes to two theoretical strands. The first is civilisational populism, and the second is the informal institutions, with a focus on informal law and legal pluralism. [ABSTRACT FROM AUTHOR]

Copyright of Studies in Politics & Society / Polityka & Społeczeństwo is the property of University of Rzeszow and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article I tried to explain about marriage and divorce to members of the Druze community. The marriage procedure is a procedure that requires members of the community to act in accordance with many years of tradition, because there is no complete equality between a man and a woman in all the religions in the world except the Druze religion and the small Druze community that gives both spouses to choose the other side and also to divorce him to choose another and also the possibility of divorcing him because marriage should not continue by force.

Copyright of Philosophy & Canon Law is the property of Wydawnictwo Uniwersytetu Slaskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Once voted into office, populist governments have often found undemocratic means to prolong their stay. The literature on populists in power is evolving and expanding. However, it has mainly focused on how the populists in power attack institutions such as the judiciary, rule erosion, and dirty institutionalism. How populists make use of the law and the judiciary to prolong their authoritarian rule remains an area that is under-researched. The populists’ use of informal institutions such as the unofficial law when in power has not been studied either. This paper addresses these gaps in the populism literature by studying Turkey’s Islamist populist ruling party’s use of informal law in prolonging its authoritarian rule. The paper argues that the Islamist civilisational populist AKP has been using informal Islamist law for both the legitimation of its rule and the repression of the opposition. It shows how the AKP officials, the state’s Directorate of Religious Affairs (Diyanet), the pro-AKP Sharia scholars, and other informal religious authorities employ the civilisational populist Islamist legal narrative to argue that according to Sharia it is obligatory to choose the side of the God that is represented by the AKP and to vote against the infidel opposition that is an existential danger to the pure Muslim people of Turkey and their religion. The paper combines and contributes to two theoretical strands. The first is civilisational populism, and the second is the informal institutions, with a focus on informal law and legal pluralism.

Statistics confirm the growing number of intercultural marriages. This explains the legal concern for its good constitution, as an integrational social factor. This is more random if religions are different, which affects the religious laws who often prohibit that type of couples. The Catholic Church view is more flexible because her point of depart is the “ius connubii” and the religious freedom respect.

The topic of goodness and badness in Avicenna’s view has been studied recently in the articles of the researchers of Moral Philosophy. The major approach in these articles is the affirmation of “moral realism” in Avicenna philosophy and rejecting “moral non-realism” from his views. In other words, in these articles, goodness and badness in his thoughts have been studied from an ontological point of view, and the relation of Avicenna’s view with “intrinsic goodness and badness” has been investigated. However, an epistemological study has not been carried out in this case. According to the popular view about the epistemology of goodness and badness, the theory of “religious goodness and badness” is related to Ash‘ari scholars, and the theory of “rational goodness and badness” is related to the Mu'tazila and Shi‘i scholars. Rational goodness and badness are also attributed to the Islamic philosophers. But there are ideas against this view in Avicenna’s works. Because although Avicenna, similar to the Mu‘tazilites, considers moral knowledge, a rational and demonstrable knowledge, on the other hand, alike the Ash‘arites, he accounts the religious law and the religious teachings, as the source of certain knowledge in practical philosophy and ethics. There are several pieces of evidence which show that Avicenna’s ethical theory is actually a combined theory, regarding an epistemological viewpoint.

What explains the variation in support for the implementation of formal religious laws in societies? To address the question, we analyse the socioeconomic bases of support for sharia, Islamic law. Our findings suggest that there is a negative correlation between the state's ability to provide social order and welfare, and support for sharia across social strata. A state with low capacity is associated with high support for sharia among the lowest and the highest social strata of the society. Conversely, a state with high capacity for public goods provision is associated with low support for sharia among the lowest and the highest social strata of the society. Using new cross-national survey data of Muslims in rich and poor societies, we find that the evidence supports our theory, indicating that in analyses about sources of demand for religious law, social order and social welfare factors need to be considered. [ABSTRACT FROM AUTHOR]

In this article I tried to explain about marriage and divorce to members of the Druze community. The marriage procedure is a procedure that requires members of the community to act in accordance with many years of tradition, because there is no complete equality between a man and a woman in all the religions in the world except the Druze religion and the small Druze community that gives both spouses to choose the other side and also to divorce him to choose another and also the possibility of divorcing him because marriage should not continue by force. [ABSTRACT FROM AUTHOR]

In many modern nation states, both rich and poor, traditional law to this day plays an important role. Given the almost universal prevalence of traditional law, it is surprising how little we know about it. This is the first study that tries to take stock of traditional law from a cross-country perspective. We are also interested in the compatibility of traditional law with state-enforced law and, in particular, with the basic traits of the rule of law. Based on a sample of up to 134 countries, we find that no 'typical' traditional law exists, but that traditional law varies in many dimensions such as its timely enforcement, its impartiality, and its protection of basic human rights. Societies that rely extensively on traditional law score low regarding both the rule of law and per capita income. Historical and geographical factors are important predictors of the contemporaneous reliance on traditional law. State antiquity, for example, reduces the prevalence of traditional law, as does a high share of descendants from European populations. [ABSTRACT FROM AUTHOR]

Copyright of Amme Idaresi Dergisi is the property of Public Administration Institute for Turkey & the Middle East (TODAIE) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

For Kant's moral universalism, contingent religious law is legitimate only when it serves as a means of fulfilling the moral law. Though Kant uses traditional theological resources to account for the possibility of "statutory ecclesiastical law" in historical religions, he denies this possibility to Jewish law. Something like Kant's logic appears in the work of some of his intellectual successors who continue to define Christianity in terms of its moral superiority to Judaism while attempting to excise remaining "Jewish" elements from it. A more adequate account of the Hebrew Bible, Judaism, and the origins of Christianity exposes deficiencies in Kant's universalizing logic which seems to deny any intrinsic value to historical religions. A possible alternative may lie in a modified account of the relationship between the moral law and religious law, perhaps nourished by Jewish thought, including the rabbinic tradition of the Noachide commandments. [ABSTRACT FROM AUTHOR]

In the Indonesian constitution, rule of law is an acknowledged instrument to realize justice and social welfare. Common in many post-colonial countries, this instrument often manifests as legal pluralism, that is the co-existence of at least three legal systems: state (or ‘national’ in Indonesian parlance); religious, and customary (adat in Indonesian language). This paper examined the first two systems, state and religious laws, especially in their implementation as practiced by the Indonesian society. Using empirical legal methods, the factors which influenced the preference of Muslims to use state or religious laws in Indonesia were examined. Key terminologies, such as ‘state law’, ‘religious law’, and ‘Muslim society’, were elaborated. It was found that several factors were influential, namely legal culture, economic condition, social values, fiqh conservatism, and judge insight. Keywords: State Law, Religious Law , Muslim Society

Statistics confirm the growing number of intercultural marriages. This explains the legal concern for its good constitution, as an integrational social factor. This is more random if religions are different, which affects the religious laws who often prohibit that type of couples. The Catholic Church view is more flexible because her point of depart is the "ius connubii" and the religious freedom respect. [ABSTRACT FROM AUTHOR]

Even within religion, the creativity of imagination offers an invaluable defense against the tendencies towards dogma and absolutism. It also provides spaces living and experiencing life in diverse ways. This paper discusses the different facets of creative imagination in religious art and literature forms by comparing Isaac Bashevis Singer's In My Father's Court with Wayang shadow theater in Indonesia. I will show that they possess similar features demonstrating a reflection on religious law, creativity and everyday life. In Singer's work, the synagogue is a theater, and Singer's father functions in the same way the puppet master, or Dalang. operates in Wayang theater. This allows for the negotiations between religious law and the living community. [ABSTRACT FROM AUTHOR]

The dispute between Muslims and Sikhs over the Shahidganj mosque in Lahore in the early 1930s served as the prelude to the Punjabi Muslims' decisive shift in favour of the Pakistan movement. The competing political campaigns, religious polarization and intermittent spells of violence that it triggered has attracted the attention of historians interested in the development of communitarian mass politics and partition. However, the dispute also played out in the colonial courts and became the site on which some of the knottiest questions of colonial jurisprudence were debated. The present essay looks at this ignored aspect of the Shahidganj conflict. Could the mosque, like a Hindu deity, be designated a juristic person? What laws would apply in an inter-religious dispute of this nature? And whether in such matters, the state law enjoyed pre-eminence over religious laws. Despite the unanimity over the building's antecedents as a mosque, the courts – all the way from the Sikh tribunal, to the High Court to the Privy Council – ruled in favour of the Sikhs. The essay seeks to understand how these competing claims were adjudicated and what were the imperatives of the colonial government that resulted in such a judicial outcome. It then proceeds to examine the Ram Janmabhoomi-Babri Masjid case in order to understand the continuities as well as departures in the exigencies of the post-colonial state, and the resolutions it offered thereof in such disputes. [ABSTRACT FROM AUTHOR]

This article examines the epistemic bias of comparative law scholarship. Comparatists are unable or unwilling to recognise the religious dimensions in Western law as they see religion only in the context of non-Western law. This problem is typical of modern macro-comparative law, which fails to recount the influence of Christianity on Western law and legal culture. The article invites legal scholars to reach beyond the notions of 'religious law' and 'secular law' in terms of classifying the world's legal systems. Firstly, the article explains how comparative law has a problematic relationship with religion; secondly, it shows that, despite Christianity having been deemed a thing of the past, its influence can and should also be charted in modern law. I argue for a need to rethink the manner in which Western law is depicted as a thoroughly secular law as opposed to the religious law of exoticised others., (© The Author(s) 2023. Published by Oxford University Press.)

Lost & Found is a game series, created at the Initiative for Religion, Culture, and Policy at the Rochester Institute of Technology MAGIC Center. The series teaches medieval religious legal systems. This article uses the first two games of the series as a case study to explore a particular set of processes to conceive, design, and develop games for learning. It includes the background leading to the author's work in games and teaching religion, and the specific context for the Lost & Found series. It discusses the rationale behind working to teach religious legal systems more broadly, then discuss the hermeneutics influencing the approach to understanding the legal systems being modeled, and closes with a discussion of the kind of teaching and learning involved in the design of the games and early stage data on the public play of the games. [ABSTRACT FROM AUTHOR]

Since the mid-1980s, Muslim jurists and theologians have discussed the permissibility of mass-scale Muslim permanent voluntary settlement in majority non-Muslim countries and the unique challenges Muslim minorities face in secularizing Christian societies. Their efforts constitute a new field in Islamic jurisprudence, fiqh al-aqalliyyāt al-Muslima (the religious law of Muslim minorities). A number of participants in this field have introduced analogies between present realities and the first hijra - the migration to Christian Abyssinia (Ethiopia) with the blessing of the Prophet Muhammad. The objectives of this article are twofold: (a) to point to the roles of these analogies in fiqh al-aqalliyyāt al-Muslima discourse and (b) to demonstrate how Islamic jurists and theologians interpret similar or almost similar mythical narratives to support conflicting arguments. The article draws on a qualitative reading of several dozen religious decisions, treatises and sermons by jurists and theologians collected from mosques, Islamic centres and libraries in Europe, as well as from online resources. [ABSTRACT FROM AUTHOR]

Copyright of Bajo Palabra: Journal of Philosophy is the property of Bajo Palabra: Journal of Philosophy and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)