Managing Religious Law in a Secular State: The Case of the Muslims of Western Thrace

2021 ◽  
pp. 327-349
Author(s):  
Vassiliki Koumpli
Keyword(s):  
Religious Law ◽  
Secular State

scholarly journals Which and Whose Shari’a?: Historical and Political Perspectives on Legal Articulation of Islam in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 31-44
Author(s):  
Arskal Salim
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Constitutional Rights ◽  
State And Society ◽  
Religious Law ◽  
Formal Application ◽  
Secular State

Attempts at the implementation of shari’a in Indonesia have always been marked by a tension between political aspirations of the proponents and the opponents of shari’a and by resistance from the secular state. The tension had led to the profound and ongoing legal political dissonance in the formal application of shari’a rules in the country. A continuum between conflicts in meanings and direct contradictions in terms has resulted in a debate of which and whose shari’a to be implemented. This paper looks at the roots as well as the sources of those dissonances. It observes a number of conditions that make the articulation of religious law dissonant. It argues that more direct dissonance is discernible between the aspiration for the formal implementation of shari’a and constitutional rights of religious freedom. Arguing that despite shari’a has been able to seep into scattered legal aspects within Indonesian state and society and that the state has allowed shari’a to be incorporated in many ways into its legal system, nationally and regionally, it concludes that the state continues to control and restrict this dispersion and that shari’a remains tightly confined in Indonesia  

scholarly journals Negotiating Sharia in Secular State: A Case Study in French and Germany

2021 ◽  
Vol 5 (1) ◽  
pp. 47
Author(s):  
Khamami Zada ◽  
M. Nurul Irfan
Keyword(s):  
Qualitative Approach ◽  
Primary Data ◽  
State Laws ◽  
Muslim Countries ◽  
European Citizenship ◽  
Religious Law ◽  
Religious Teaching ◽  
The One ◽  
Secular State

The European Muslims, the majority of them come from Muslim countries, are facing the identity dilemma. On the one hand, they are the Muslims who are obliged to carry out their religious teaching, but on the other hand, they are the Muslims who have acquired European citizenship who cannot enforce religious laws and instead submit to secular state laws. The study analyzes French and Germany Muslim aspirations and their negotiations on carrying out sharia in the secular state. This is field study by qualitative approach. Primary data was collected by interviews with Muslims of Moroccan, Tunisian, Algerian, and Turkish descent living in France and Germany. The study found that French and German Muslims want to apply sharia, but France and Germany do not allow religious law to be made a state law. These have left French and German Muslims to negotiate without opposition, resistance, and conflict. As European citizens, they accept secular law without losing their religious and social identity, though couldn’t fully implement Sharia.

Classical Islam and Medieval Europe: A Comparison of Political Philosophies and Cultures

1993 ◽  
Vol 41 (1) ◽  
pp. 58-69 ◽  
Author(s):  
Antony Black
Keyword(s):  
Political Philosophy ◽  
Political Discourse ◽  
Political Community ◽  
The Political ◽  
Greco Roman ◽  
Medieval Europe ◽  
Religious Law ◽  
European Civilization ◽  
Secular State

There were fundamental differences in political philosophy and culture between Islamic and western-Christian or European civilization in the period up to c.1500, notably concerning the nature of the political community, of religious law and of the mode of political discourse. Europe proved open to Greco–Roman influences and thus developed, as Islam did not, a notion of the legitimate secular state.

When Beruriah Met Aisha

2010 ◽  
Vol 39 (1) ◽  
pp. 22-24
Author(s):  
Shari Golberg
Keyword(s):  
Muslim Women ◽  
Legal Reform ◽  
Textual Studies ◽  
Religious Law ◽  
Legal Texts

My dissertation attends to the complex and very fraught relationship that women have with their sacred scriptures by examining overlapping conceptions of religious law and legal reform among Jewish and Muslim women who actively study and interpret traditional texts. My project hopes to address what it is that animates Muslim and Jewish women’s interests in textual studies and how close engagement with religious legal texts might contribute to their development as particularized religious subjects.

Secular State and the ‘Religious Left’: Navayana Buddhism and Dr Ambedkar’s Vision for the Future of Democracy in South Asia

2021 ◽  
pp. 239448112199595
Author(s):  
Kalinga Tudor Silva
Keyword(s):  
Human Rights ◽  
South Asia ◽  
Religious Faith ◽  
Religious Right ◽  
Social Philosophy ◽  
European Origin ◽  
Buddhist Tradition ◽  
Democratic Change ◽  
Religious Left ◽  
Secular State

In the light of ongoing debates about secular state and religious right in India, Sri Lanka and Myanmar, this article examines the intellectual contribution of Dr B. R. Ambedkar towards sustaining democracy in South Asia. His critical contributions included non-violent mobilisation of Dalits and adivasis around their human rights, identity, citizenship and religious faith. Most importantly, he argued that democratic values of equality, liberty and fraternity are not only of European origin but also have roots in South Asia, particularly within the Buddhist tradition. The article reflects on Ambedkar’s politics, social philosophy and contribution to the formation of ‘religious left’ and the process of progressive democratic change via Navayana Buddhism.

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