Takfīr im militanten Salafismus

Der Staat als Feind

Justyna Nedza

With this work, Justyna Nedza presents the first comprehensive analysis of the theologically charged legal practice of “declaring someone an unbeliever” ( takfir) in militant Salafist thought. Her investigation zooms in on the role of takfir in the formal legitimization of militant jihad against government institutions. Investigating both the Egyptian and Saudi Arabian case, Nedza demonstrates the importance of the regional context in shaping consistent legal arguments for the legitimacy of takfir of collectives. The careful analysis of the arguments of four selected militant Salafist authors brings out that this contextuality plays also a decisive role for the respective textual references, as well as shaping the conclusions drawn by the Egyptian and Saudi Arabian authors, respectively.

In dieser Arbeit präsentiert Justyna Nedza die erste umfassende Analyse der theologisch aufgeladenen Rechtspraxis des „Apostasievorwurfs“ ( takfīr) im Milieu des militanten „Salafismus“. Dabei liegt ein besonderer Fokus auf der rechtlichen Begründung von gewaltsamen Widerstand ( ǧihād) gegen staatliche Organe in muslimischen Mehrheitsgesellschaften, sowie die hiermit verbundene Ausweitung dieses Rechtsmittels vom Individuum auf Kollektive. Anhand der komparatistischen Untersuchung der Schriften von vier ausgewählten Autoren aus Ägypten und Saudi-Arabien zeigt Nedza, dass deren divergenter nationaler Kontext eine entscheidende Rolle sowohl für ihre jeweiligen textlichen Referenzrahmen als auch ihre entsprechenden Schlussfolgerungen spielt. Damit wird die bisher weithin akzeptierte These vom “Salafismus” als global einheitlichem Phänomen auf den Prüfstand gehoben.

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Edited by Norbert Oberauer, Yvonne Prief and Ulrike Qubaja

Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions.

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

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.

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Eoin Daly

Abstract

The Constitution of Ireland ostensibly provides an elaborate framework of rules and principles underlying the accommodation of religious minorities. However, this constitutional framework is characterised by indeterminacy rather than any ideological distinctiveness or coherence. It oscillates between two contradictory approaches towards religion, one focused on ‘neutrality’, and another on ‘recognition’. In this contribution, I outline how these contradictory constitutional doctrines, both present in the text, may inform laws and policies relevant to accommodation of minority religious practices.

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Claire Hogan

Abstract

This article looks at the current level of accommodation of Islam in Irish education, employment and healthcare law, and attempts to predict future accommodation trends. The Irish legal system is very accommodating towards religion, but thus far has not experienced many claims from religious minorities. In the area of employment law, the Employment Equality Acts 1998-2015 protect employees against both direct and indirect discrimination. There have been some examples of claims in employment tribunals, however there are no Court decisions as of yet and no key principles emerging on the extent to which employers must accommodate religiously-motivated adjustments to uniform or working day. In the education arena, the school system is dominated by the Catholic Church, especially at primary level. This has the potential to make the rights of religious minorities quite precarious, especially in towns where there is only one primary school. There is strong protection for religious ethos in schools in constitutional case law. The headscarf has been permitted, with 2008 Government Guidelines suggesting that uniform policy is a matter for each individual school. Finally, in the hospital setting there is also a strong Catholic influence which continues to be felt. There are particular Muslim healthcare requirements which may call to be accommodated in the future. The author concludes that the constitutional ‘public order and morality’ constraint on freedom of religion is likely to be of importance in future cases involving accommodation of religion claims. It is also inevitable there will be clashes between fundamental rights including freedom of religion, the right to life, and the right to gender and sexual orientation equality.

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Edana Richardson

Abstract

The Islamic finance industry has continued to mature and diversify, with an expanding range of Islamic finance products progressively coming to market. Authorities in a number of jurisdictions, such as the United Kingdom, have actively sought to facilitate Islamic finance activity within their domestic economies. Consistent with this, Irish authorities have also taken some interest in the Islamic finance market. In doing so, they have introduced guidance and legislative amendments to address legal hurdles that may hinder the development of a level playing field between Islamic and conventional finance under Irish law. Looking at Islamic mortgage-alternatives and the religious supervisory boards of institutions engaged in Islamic finance, this chapter offers a comparative discussion of the accommodative measures and guidance introduced by Irish authorities to date. It also considers further legal clarifications and reforms that may be needed if the Islamic finance industry is to continue to develop in Ireland.

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Kathryn O’Sullivan

Abstract

The legal protections that are afforded – or, in many cases, are not afforded – to religious minorities right across the world are attracting increased attention. Although concern for the plight of religious minorities is certainly not confined to Western democracies, nor is it invariably related to the rapidly growing Muslim communities in such countries, migration patterns across, in particular, the Twentieth Century, from Muslim majority countries to Western, usually Christian majority, countries has in no small way contributed to placing the spotlight on these protections. This chapter highlights Ireland’s specific relationship with migration and highlights the importance of understanding how new minority, especially non-Christian, religions fit into the social and legal context in Ireland.