Ethnic and religious plurality is inextricably linked with Ambonese history. The conflict of 1999–2003 disrupted this stability and caused great damage, segregation, and radicalization. Reestablishing peace proved difficult because of complex social, economic, political, and religious factors, and parties struggled to address deep-rooted issues such as intergroup distrust and hatred. The Baku Bae Peace Movement (gbb) was an informal movement with humble beginnings, which quickly developed into a community effort and reignited intergroup fraternity by deploying a series of effective strategies. This article examines the gbb, its key strengths and weaknesses, and the contextual factors that led to its success. The success of the gbb may be attributed to inclusive grassroots participation and the invocation of shared moral values. This article concludes that although the gbb is difficult to replicate elsewhere, its core values can be implemented in other conflict regions to minimize or resolve religious violence, polarization, and fundamentalism.
The purpose of this research is to identify the peculiarities of religious legal consciousness and to review the conflicts, gaps, and additional specific problems arising amidst a convergence of peoples confessing Islam within the European legal-cultural domain. Approaching this question from the perspective of Russian scholarship, the authors evaluate and apply methods of inquiry such as sociological surveys and analysis of law enforcement practices, together with historical, dialectico-materialistic, interdisciplinary, and logical approaches. The given article highlights problems of cultural interaction with special reference to the role of religion in this process, including relative degrees of legal implementation of religion and the influence of religion on personality formation. Here religion is regarded both as a means of social regulation and as a reflection of the specific characteristics and cultural environment of a particular community with its concepts of justice, legality, and ethics. In general, modern secular states fail to take into account the different roots of religious legal consciousness in different cultures, instead perceiving the legality of a juridical fact through the prism of their own respective cultures. Nonetheless, understanding the mechanisms through which legal consciousness forms – including the impact of religion on such formation – represents an important tool for addressing and resolving a number of grave social problems.
The decision in Alberta and Hutterite Brethren of Wilson Colony refocused attention on the role played by the final limb of the Oakes test when considering the proportionality of the limitation of a Charter right. This article seeks to re-examine this decision and challenge the structural discrimination it created by requiring minorities whose belief gives a religious value to a facially utilitarian practice which may not be apparent when considered from a secular perspective. In particular it examines the potential benefits of allowing a liberal perspective of group rights to inform the weight courts’ give to the detriment faced by a community and argues that this revised approach to balancing would result in outcomes more reflective of the values codified in the Charter.
The Argentinian Constitution of 1853 established a religious policy based on two main principles: freedom of religion and the privileged status of the Catholic Church. In 1966, an agreement with the Catholic Church eliminated the power of the government to interfere in ecclesiastical matters, but maintained the privileged status of Catholicism. Today, the religious configuration of Argentinian society differs greatly from that of the 19th century. Amidst increasing religious diversity, some legal changes point to the transformation of the Argentinian regime from a nearly confessional state into a multi-confessional, yet not an egalitarian one.
The Crisis of Citizenship in the Arab World argues that the present crisis of the Arab world has its origins in the historical, legal and political development of state-citizen relations since the beginning of modern history in the Middle East and North Africa. The anthology covers three main topics. Part I focuses on the crisis of the social pact in different Arab countries as it became manifest during the Arab Uprisings. Part II concentrates on concepts of citizenship in Islamic doctrine, Islamic movements (Muslim Brotherhood and Salafism), secular political movements and Arab thinkers. Part III looks into the practices that support the claims to equal rights as well as the factors that have obstructed full citizen rights, such as patronage and clientelism.
Contributors are: Ida Almestad, Claire Beaugrand, Assia Boutaleb, Michaelle Browers, Nils Butenschøn, Anthony Gorman, Raymond Hinnebusch, Engin F. Isin, Rania Maktabi, Roel Meijer, Emin Poljarevic, Ola Rifai, James Sater, Rachel Scott, Jakob Skovgaard-Petersen, Robert Springborg, Stig Stenslie, Morten Valbjørn, Knut S. Vikør and Sami Zemni.
In recent years, issues of freedom of religion or belief and state-religion relations have become increasingly important worldwide. While some works have treated such issues regionally, the Encyclopedia of Law and Religion is unique in its breadth, covering all independent nations and jurisdictions as well as the major international organizations, treating the relation between law and religion in its various aspects, including those related to the role of religion in society, the relations between religion and state institutions, freedom of religion, legal aspects of religious traditions, the interaction between law and religion, and other issues at the junction of law, religion, and state.
Offered online and as a five-volume print set – Africa, the Americas, Asia, Europe, Oceania, Special Territories, International Organizations and Index – this work is a valuable resource for religious and legal scholars alike. Each article provides the following information for the broadest comparative advantage:
• Social facts;
• Historical background;
• Position of religion in the legal system;
• Individual religious freedom;
• Legal status of religious communities;
• Right of autonomy;
• Active religious communities and cultures;
• Labour law within religious communities;
• Religious assistance in public institutions;
• Legal position of religious personnel and members of religious orders;
• Matrimonial and familial laws;
• Religious and criminal laws; and
• Country-specific issues.