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State, Religion and Muslims

Between Discrimination and Protection at the Legislative, Executive and Judicial Levels

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Edited by Melek Saral and Şerif Onur Bahçecik

State, Religion and Muslims: Between Discrimination and Protection at the Legislative, Executive and Judicial Levels brings together academics from different disciplines and offers an in-depth analysis of discrimination in specific areas of life which affects Muslims in Western countries. The volume undertakes a comprehensive examination of the discriminatory practices across 12 countries while situating them in their institutional frameworks.

Exploring critical aspects of discrimination against Muslims – in areas such as education, employment, exercise of religion, state relations with religious communities as well as hate crime and hate speech – the volume shows the prevalence of individual, structural and institutional discrimination against Muslims living in Western countries.

Contributors are: Amina Easat-Daas, Andrea Pin, Beesan Sarrouh, Camille Vallier, Dieter Schiendlauer, Eva Brems, Ineke van der Valk, Ksenija Šabec, Maja Pucelj, Mario Peucker, Mosa Sayed, Nesa Zimmermann, Niels Valdemar Vinding and Safa ben Saad.

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David Oppenheimer

Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.

Minority Religions under Irish Law

Islam in National and International Context

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Edited by Kathryn O'Sullivan

Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.

Hugo Grotius’s Remonstrantie of 1615

Facsimile, Transliteration, Modern Translations and Analysis

David Kromhout and Adri Offenberg

Grotius wrote the Remonstrantie around 1615 at the request of the States of Holland, to define the conditions under which Jews were to be admitted to the Dutch Republic. At that time, he was already an internationally recognized legal expert in civic and canonic law. The position taken by Grotius with respect to the admission of the Jews was strongly connected with the religious and political tensions existing in the Dutch Republic of the early 17th century. The Remonstrantie shows how Grotius’s views evolved within the confines of the philosophical and religious concepts of his time. It is an example of tolerance within political limits, analyzed by the author David Kromhout and made accessible through a modern translation.

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Tanya Katerí Hernández

This fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461
- Comparative Discrimination Law; Age as a Protected Ground, Lucy Vickers; isbn 9789004345539
- Sexual Orientation and Gender Identity Discrimination, Holning Lau; isbn 9789004345485

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Edited by Marianne Bøe

This volume of Annotated Legal Documents on Islam in Europe covers Norway and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Norwegian language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.

Welcoming Ruin

The Civil Rights Act of 1875

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Alan Friedlander and Richard Allan Gerber

The Civil Rights Act of 1875, enacted March 1, 1875, banned racial discrimination in public accommodations – hotels, public conveyances and places of public amusement. In 1883 the U.S. Supreme Court declared the law unconstitutional, ushering in generations of segregation until 1964. This first full-length study of the Act covers the years of debates in Congress and some forty state studies of the midterm elections of 1874 in which many supporting Republicans lost their seats. They returned to pass the Act in the short session of Congress. This book utilizes an army of primary sources from unpublished manuscripts, rare newspaper accounts, memoir materials and official documents to demonstrate that Republicans were motivated primarily by an ideology that civil equality would produce social order in the defeated southern states.

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Holning Lau

In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination. This volume is an essential guide for researchers seeking to acquaint themselves quickly with a comparative view of cutting-edge issues concerning sexual orientation and gender identity rights.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461
- Comparative Discrimination Law; Age as a Protected Ground, Lucy Vickers; isbn 9789004345539

Comparative Discrimination Law

Age as a Protected Ground

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Lucy Vickers

This comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461

Observing Islam in Spain

Contemporary Politics and Social Dynamics

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Edited by Ana I. Planet Contreras

Islam in Spain has been transformed from a historical to a social matter in recent decades, attracting the attention of experts from a variety of disciplines. However, contributions to the field have been somewhat disperse. The multidisciplinary nature of the research done -mainly by specialists in Islamic Studies, Anthropology, Sociology and Law- has not been conducive to debates between specialists or to the publication of comprehensive works that recognize the wealth of views and findings.

Observing Islam in Spain contains the keys to understanding current debates about the presence of Muslim citizens in Spain with regard to symbolism and public space, the law, ritual, the question of re-Islamization and the association-building and political participation of young people and women.

Contributors are Marta Alonso Cabré, José María Contreras Mazarío, Khalid Ghali, Aitana Guia, Alberto López Bargados, Salvatore Madonia, Laura Mijares, Jordi Moreras, Ana I. Planet Contreras, Ángeles Ramírez, Óscar Salguero Montaño, Ariadna Solé Arraràs and Virtudes Téllez Delgado.