MOSQUES IN POST-SOVIET KAZAKHSTAN: DISCOURSE INTERPRETATION AND REGULATORY PRACTICES

2021 ◽  
Vol 22 (4) ◽  
pp. 126-139
Author(s):  
Meiram KIKIMBAYEV ◽  
Kulshat MEDEUOVA ◽  
Adiya RAMAZANOVA
Keyword(s):  
Public Space ◽  
Religious Communities ◽  
Religious Institutions ◽  
Religious Activities ◽  
Public Facilities ◽  
Religious Associations ◽  
The Status ◽  
Discourse Interpretation ◽  
The Law ◽  
Traditional Islam

The authors have analyzed the dynamics of the growth of number of mosques built by religious associations in post-Soviet Kazakhstan and noted a transition from their unregulated and chaotic construction (proliferation) to their precise association with specific maddhabs, and their construction norms conceptualized by religious institutions represented by the Spiritual Administration of the Muslims of Kazakhstan (DUMK). The types of cultic facilities and the actors are discussed and ranked according to the type of their involvement and partnership. We should note that the participation of various actors adds weight to the status of mosques as important public facilities. The authors have paid particular attention to the religious communities’ revised registration realized under the Law of the RK on Religious Activities and Religious Associations of 2011, which optimized the religious space, consolidated the positions of traditional Islam and, hence, standardized the rules related to mosque construction. Keywords: mosque, public space, post-Soviet realities, re-Islamization, re-appropriation, “mosque diplomacy,” religious communities, traditional Islam, DUMK.

scholarly journals Legislation on religious associations as a factor in ensuring freedom of religion

2017 ◽  
pp. 10-26
Author(s):  
Cole Durham
Keyword(s):  
Religious Communities ◽  
Modern World ◽  
Religious Activities ◽  
Bank Account ◽  
Legal Entity ◽  
Legal Context ◽  
Religious Associations ◽  
The Status ◽  
Important Means ◽  
The Right

Legislation regulating the process of creating, recognizing and registering relevant legal entities is an important means of ensuring the existence of the majority of religious communities in the modern legal context. Most of the existing religious communities in different countries seek to register and be recognized, because only this gives them the opportunity to take advantage of this status in this way. The specific set of rights associated with this status varies depending on the legal system, as well as on the specific type of legal entity within each system. However, in the modern world, a group that does not have the status of a legal entity is at least extremely difficult to undertake simple legal actions, in particular, such as opening a bank account, renting or purchasing premises for worship or other religious activities, entering into contractual relations, the opportunity to speak in the court as a plaintiff or a defendant (that is, the protection of the organization’s rights by going to court and the right to be subject to a lawsuit), and so on. These problems are especially important for large organizations that need to build and maintain many buildings for liturgical purposes, develop a network of pastoral care and create charitable and educational services and in such a way that all these activities are consistent with their deep-seated religious beliefs.

Remarks on Art. I-52 of the Constitutional Treaty: New Aspects of the European Ecclesiastical Law?

2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski
Keyword(s):  
European Union ◽  
Religious Communities ◽  
The European Union ◽  
Constitutional Treaty ◽  
Ecclesiastical Law ◽  
Religious Associations ◽  
The Status ◽  
Ec Law ◽  
First Time ◽  
The Eu

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”

Regulating religion in Post-Soviet Central Asia: Some remarks on Religious Association Law and 'official' Islamic institutions in Tajikistan

2009 ◽  
Vol 20 (1) ◽  
pp. 94-99 ◽  
Author(s):  
Tim Epkenhans
Keyword(s):  
Central Asia ◽  
Public Space ◽  
Religious Communities ◽  
Political Rights ◽  
The Public ◽  
Central Asian ◽  
Religious Associations ◽  
The Government ◽  
Soviet Central Asia ◽  
Islamic Institutions

AbstractAlthough Tajikistan is a participating state of the Organization for Security and Co-operation in Europe (OSCE) and has acceded to the United Nations International Covenant on Civil and Political Rights (ICCPR), religious associations are under increasingly scrutiny limiting the freedom of conscience. Tajikistan's government follows a similar policy as her Central Asian neighbors Kazakhstan, Kyrgyzstan, Turkmenistan and Uzbekistan. While a restrictive and contradictory religious association law limits the public space for religious associations, the government successively strengthens 'official' Islamic institutions and therefore directly interferes in internal religious affairs. Considering the diversity of Islamic beliefs in and practices in Central Asia and Tajikistan in particular, this policy could generate further friction among religious communities.

Secularization and Sacred Space

2021 ◽  
Author(s):  
David Bains
Keyword(s):  
Public Space ◽  
Sacred Space ◽  
Urban Environments ◽  
Religious Communities ◽  
Religious Institutions ◽  
Sacred Spaces ◽  
Religious Rituals ◽  
Secular World ◽  
History Of ◽  
Roman Catholics

Secularization, or the decline in the authority of religious institutions, became a pronounced feature of Western culture in the 20th century, especially in its latter half. Secularization has affected the history of Western sacred space in four ways: (a) It has helped to shape the concept of “sacred space” so that it designates a space that helps generate a personal religious experience independent of religious rituals and teachings. (b) It has caused many houses of worship to use architectural forms not previously associated with religion in order to link their religious communities to the respected realms of business, science, and entertainment. And it has motivated religious communities to craft spaces that encourage worshipers to recognize God at work in the secular world and to demonstrate to others the continued relevance of religion. (c) Many former houses of worship have been destroyed or converted to other uses. Sometimes this occurred not because of declining membership but in order to relocate to a more favorable building or location. Nonetheless, these changes have created a more secular cityscape. Other times destruction and conversion have been the product of state-sponsored regimes of secularization or a decline in the number of clergy or church supporters. The reuse of these former houses of worship often results in the association of religious symbols with commercial or personal endeavors. It also raises challenges for maintaining public space in dense urban environments and for preserving artistic and cultural heritage. Given the increasing closure of churches, in 2018 the Pontifical Council of Culture issued guidelines to guide Roman Catholics in determining best uses for buildings no longer needed for worship. (d) Spaces which are not linked to religious communities, especially museums and monuments, came to be frequently designed in ways similar to historic sacred spaces. For this reason and others, they are esteemed by many people as places to encounter the sacred in a secularized world.

scholarly journals All-Ukrainian Council of Religious Associations as a Component of Civil Society in Ukraine

2017 ◽  
pp. 141-145
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Civil Society ◽  
Public Space ◽  
Religious Studies ◽  
Religious Communities ◽  
National Academy Of Sciences ◽  
The Public ◽  
Religious Associations ◽  
Academy Of Sciences

The idea of ​​creating a religious council that would unite religious communities active in the public space of Ukraine was born several years ago, when it became clear that the All-Ukrainian Council of Churches and Religious Associations (hereinafter - the All-Ukrainian Council of Churches and Religious Associations) (hereinafter - the All-Ukrainian Council of Churches and Religious Associations) has no intention to expand . Any attempts by other religious associations to become a member of the AUCCIRO, under the influence of objective or subjective reasons, were doomed to failure. Therefore, in September-December 2016 several workshops of authorized representatives of various religious associations, which the AUCCI ignored, and representatives of the Ukrainian Association of Religious Studies took place at the Institute of Philosophy of the National Academy of Sciences of Ukraine. They discussed the necessity and concept of creating a new Council. Not an alternative to the existing, but some complementary it.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

A study on the status of ACM use and characteristics in some public facilities in Korea

2015 ◽  
Vol 14 (1) ◽  
pp. 22-32 ◽  
Author(s):  
Min-jong Lee ◽  
◽  
Joon-sig Jung ◽  
Yoon-shin Kim
Keyword(s):  
Public Facilities ◽  
The Status

Occupy Movement, Religion and Social Formations

2014 ◽  
Vol 43 (1) ◽  
pp. 17-24
Author(s):  
Matt Sheedy
Keyword(s):  
Social Media ◽  
Public Space ◽  
Religious Communities ◽  
The Political ◽  
Political Opportunity ◽  
Social Formation ◽  
Beliefs And Practices ◽  
Opportunity Structures ◽  
Occupy Movement ◽  
Political Opportunity Structures

The Occupy movement was an unprecedented social formation that spread to approximate 82 countries around the globe in the fall of 2011 via social media through the use of myths, symbols and rituals that were performed in public space and quickly drew widespread mainstream attention. In this paper I argue that the movement offers a unique instance of how discourse functions in the construction of society and I show how the shared discourses of Occupy were taken-up and shaped in relation to the political opportunity structures and interests of those involved based on my own fieldwork at Occupy Winnipeg. I also argue that the Occupy movement provides an example of how we might substantively attempt to classify “religion” by looking at how it embodied certain metaphysical claims while contrasting it with the beliefs and practices of more conventionally defined “religious” communities.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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