ABSTRACT

This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious.

The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general.

This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.

chapter 1|18 pages

Introduction

Religion as empowerment?

part I|128 pages

Religion AS law

chapter 2|32 pages

Islām as legal (dis-)empowerment

The dynamic interplay between Italian legal provisions and sharīʿah-compliant norms

chapter 4|28 pages

Decoding diversity*

Experiences with personal law in the lower courts of Maharashtra

chapter 5|21 pages

When courts do not finish contentious causes

Revisiting the value of religious laws in the Rainbow Nation *

chapter 6|20 pages

Sharīʻa deconstructed

A new definition of Islamic Constitutionalism and its enforcement through positive law

part II|169 pages

Religion IN law

chapter 7|33 pages

Engaging religious laws, players and communities˙

Confronting religious disempowerment

chapter 8|22 pages

Negotiating religious orthodoxy, state neutrality and religious freedom

The case of the Ahmadiyah controversy in post-Suharto Indonesia

chapter 10|21 pages

Polygyny in Sub-Saharan Africa

A practice that empowers or disempowers women?

chapter 11|27 pages

Tolerance of liberal values in Romania *

Anti-abortion strategies – between religious belief and civil society mobilisation

chapter 12|34 pages

Public education and religious rights

A comparative analysis

chapter 13|13 pages

Conclusion

The normative dialogue between religion and law as a cultural endeavour – a plea for complexity and context•