Chapter 5 Regulating Sincerity: Religion, Law, Public Policy, and the Ambivalence of Religious Freedom in Pluralist Societies

In: Annual Review of the Sociology of Religion. Volume 12 (2021)
Author:
Zaheeda P. Alibhai
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Abstract

This chapter analyzes the interlocking systems of power between the “judicialization of religious freedom” and the regulation of sincerity of belief to argue that an autonomous judicial system is crucial for maintaining religious freedom for niqab-wearing Muslim women. I critically examine three legal studies to explore how sociological understandings of lived religion as practice can conflict with state and legal definitions over what constitutes “religious freedom.” I conclude by arguing that the judicialization of religious freedom has become instrumental for niqab-wearing Muslim women’s legal claims, access to the rights and privileges associated with citizenship and visibility in public space, while at the same time blurring the boundaries of lived religion and practice.

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