scholarly journals Religion and the Constitution: A Response to Luke Beck’s Safeguard against Religious Intolerance Theory of Section 116

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Benjamin B Saunders ◽  
Alex Deagon

This article critiques Luke Beck’s ‘safeguard against religious intolerance’ theory of section 116 of the Constitution. We argue that a plausible theory of section 116 must be able to account for the fact that, at Federation, Australia was an overwhelmingly Christian nation, which was opposed to the establishment of any religion but was not ‘secular’, and also for the fact that Australian society has become less religious but with many surviving remnants of the enmeshing of religion and the government. We argue that, consistent with the traditional understanding, section 116 has a federal purpose, being designed to distribute power to legislate in relation to religion throughout the Australian federation. Section 116 can also be seen as promoting religious pluralism, enabling interactions between religion and government. Beck’s theory, and its separationist implications, fails to adequately take these factors into account.

2006 ◽  
Vol 121 (1) ◽  
pp. 136-148
Author(s):  
Peter Horsfield

Since 9/11, the question of the place of religion in the public sphere has re-entered public consciousness in Australia, most recently in links drawn between religion and terrorism, debates about free speech and religious vilification, and discussions about religion and the national character. This paper sets a background to these contemporary issues by examining some of the influential factors and personalities in the changing legislation about the mandatory broadcast of religion on Australian commercial television, from its earliest influences through some of the key contests in its subsequent developments. A range of ambiguities and ambivalences is identified, arising primarily from the dual nature of broadcast licences as commercial enterprises and community service, and the contested place of religion in Australian society. These include questions about the constitutionality of the government mandating the broadcast of religion; contests over what is and isn't religion and who has authority to determine this distinction; conflicts arising from the competing interests of stations, churches and the government in the implementation of the legislation; difficulties in defining the purpose of mandatory broadcast of religious content as the place of religion in Australian society has changed; and resistance on the part of government agencies to acting to resolve those ambiguities in such a contested and contentious domain.


2019 ◽  
Vol 8 (1) ◽  
pp. 51-64
Author(s):  
Ken Miichi ◽  
Yuka Kayane

AbstractAn increasing number of reports and studies on offenses against religious minorities has been published in Indonesia since the country's democratic transition in 1998. While the literature on intolerance unveils the young democracy's institutional problems which have undermined and eroded minority rights, such as direct elections and the lack of judicial independence, it leaves many critical questions to address. Although the number of victims of religious intolerance increased, in the same institutional settings, a large number of religious minorities has managed to prevent escalating violence and avoid being targeted by intolerant groups. Under what circumstances and how do minorities deter attacks in a time of heightened tension against them under a democratic system that has afforded them little protection? This article sheds light on the case of the Shi'a who suffered a series of attacks in Sampang, Madura in the East Java province, but have since gradually developed resilience. A series of attacks in Sampang in 2011–12 was one of the most destructive events against religious minorities in Indonesia. Examining the Sampang incidents, this article argues that if the religious minority can develop a cohesive network with elements of the majority capable of mobilising state power, it would build a safety net preventing attacks by intolerant groups. Thus, this article aims to develop our understanding of how religious minorities address violence caused by hostile socio-political forces and adapt to Indonesia's democracy.


2020 ◽  
Vol 12 (1) ◽  
pp. 109-129
Author(s):  
Annelle R. Sheline

The article examines the monarchies of Qatar, Jordan, and Morocco to demonstrate how specific policies and ideologies do not necessarily correspond with the label of “moderate,” which instead primarily reflects a reputational strategy. Prior to 2011, Qatar had cultivated an image as a relatively “liberal” Gulf monarchy, but although few policy changes occurred, after 2011 the emirate was seen as sponsoring terrorism. The government of Morocco developed a reputation for promoting “moderate Islam,” yet religious intolerance persists, while the Jordanian regime has focused less on cultivating a moderate image than previously. Government efforts to develop a specific reputation reflect strategic maneuvering for both international religious soft power as well as consolidation of domestic control. Combining nine months of ethnographic fieldwork involving interviews with government officials, religious bureaucrats, and embassy personnel, the paper offers insights into how the strategic use of reputation has shifted in the post-2011 context.


Author(s):  
Dalsooz Jalal Hussein

This article empirically examines the competition of the world’s counties for the establishment of their diplomatic relations with non-state actor. It is underlined that the government of the Kurdistan region, which has used “soft power” to draw attention of the states. Among other tools, hydrocarbons (oil and gas) placed the main soft power policy of the Kurdistan government for its global movement. It is proven that the economic and hydrocarbon ambitions have led states to overpass their traditional understanding of global diplomacy; and this further inspires some of the previously antagonistic states to reshape their relations with non-state actor towards considering a close partner. The drawn conclusions correlated with the idea that the Kurdistan government would be more actively involved in the global diplomacy due to its oil and gas wealth.


2006 ◽  
Vol 55 (3) ◽  
Author(s):  
Giuseppe Dalla Torre

Dopo essersi rilevato il fenomeno della rinascita del fatto religioso nell’odierna società secolarizzata, grazie anche al massiccio fenomeno immigratorio, si descrive l’impatto del pluralismo etnico-religioso sulle tradizionali realtà degli ordinamenti giuridici statali; impatto reso ancora più problematico per l’ascesa di nuovi poteri, in particolare quello tecnico-scientifico, insofferenti ad una eteroregolamentazione non solo sul piano etico, ma anche sul piano giuridico. Si mette quindi in evidenza una crescente ambiguità che investe la biogiuridica: da un lato la nuova esigenza di riconoscere il rivendicato “diritto alla diversità” da parte delle diverse formazioni etnico-religiose; dall’altro l’esigenza di una regolamentazione giuridica uniforme a garanzia dell’ordinata convivenza attorno ad una scala valoriale che abbia nella “vita” il bene centrale ed ultimo da salvaguardare. Tra le conclusioni cui si giunge è innanzitutto quella per cui la pacifica convivenza in una società multietnica e multireligiosa può essere assicurata, nel rispetto delle diverse tradizioni e culture, attraverso il ricorso a moderati e saggi riconoscimenti di spazio al diritto personale all’interno degli ordinamenti statali, ma nei limiti rigorosi posti dalle esigenze di tutela della dignità umana. Ciò tocca anche la questione dei “nuovi poteri” che, nel contesto di una società globalizzata, impongono una rielaborazione dell’idea di diritto che, partendo dal quadro di un sistema di fonti che tende sempre più ad essere organizzato non secondo gerarchia ma secondo competenza, si ispiri al principio del riconoscimento dell’essere umano nella sua dignità, indipendentemente dall’appartenenza etnico-religiosa. Infine si mette in evidenza l’inaccettabilità di un “diritto debole”, solo procedimentale, perché sostanziale negazione della funzione stessa del diritto, che è quella di prevenire e/o dirimere i conflitti tra interessi in gioco e, quindi, i contrasti tra le parti della società, difendendo nel rapporto i soggetti più deboli; così come si mette in evidenza che il prezioso bene della laicità dello Stato non è – come invece spesso si ritiene – salvaguardato da un “diritto debole”, ma solo da un diritto giusto. ---------- After being noticed the phenomenon of the rebirth of the religious fact in today’s secularized society, it is described also the impact of the ethnic-religious pluralism on the traditional realities of the government juridical arrangements; impact made even more problematic for the ascent of new powers, particularly that technical-scientific, impatient to an heteroregulation not only on the ethical plan, but also on the juridical plan. It is put therefore in evidence an increasing ambiguity that invests the biojuridical: from one side the new demand to recognize the vindicated “law to difference” from different ethnic-religious formations; from the other the demand of a uniform juridical regulation to guarantee of the orderly cohabitation around to a scale of value that has in “life” central and ultimate good to safeguard. Between the conclusions which the author comes it is, first of all, that for which the peaceful cohabitation in a multiethnic and multireligious society can be assured, in the respect of the different traditions and cultures, through the recourse to moderate and wise recognition of space to the personal law into the government arrangements, but in the rigorous limits set by the demands of guardianship of human dignity. This also touches the matter of new powers that, in the contest of globalization, impose a new elaboration of the idea of law that, departing from the picture of a system of sources that extends more and more to not be organized according to hierarchy but according to competence, inspire to the principle of the recognition of the human being in its dignity, independently from the ethnic-religious affiliation. Finally it is put in evidence the unacceptability of a “weak law”, just procedural, as substantial negation of the law function itself, which is that to prevent and/or to settle the conflicts between affairs at stake and, therefore, contrasts between the parts of the society, defending in the relationship the weakest subjects; as it is evidenced that the precious good of laity of the State is not - like instead it is often considered - safeguarded by a weak law, but only by a correct law.


Author(s):  
Hamdan Daulay

This study aims to explain the concept of policy that needs to be implemented by the government in counteracting of religious intolerance. Based on the factors of population equality and economic prosperity, the government must be regarding the socio-religious aspect of the migration program in the interior of Duri Bengkalis, Riau. In order to realize the ideals of national social development, the portrait of the process of migrating Christian Bataks’ to the interior of Duri must be an outlook for the social conflicts that occur. Highlighting the case of intolerance between Christian Bataks’ and Malay Muslim tribes Duri is important to be contextually examined through a research approach. As a literacy for developing unlimited tolerance in the frame of pluralism, it is very appropriate if this study is analyzed using the perspective of the sociology of development. The process of developing nation-building through a migration program, I take field data through qualitative research. The data source was taken directly to the informant with the snowball sampling technique. After the data were analyzed by the process of data reduction, data display, and conclusion, I found that government policy was not optimal in accommodating the migration program. There are still occur caused by the inferior of people for the meaning of pluralism. Although in general, the community has lived up to the philosophy of Pancasila, these implications are lowly in everyday life. Efforts to reduce conflicts that occur in Bengkalis, the government needs to develop a roadmap for policies on religious dialogue. Religious harmony is very important. It is impossible to realize tolerance without limits if the supporting instruments are not a priority agenda. Especially in areas prone to an inter-religious conflict which are actually caused by economic disparity and political oligarchy.Studi ini bertujuan untuk menjelaskan tentang konsep kebijakan yang perlu diterapkan oleh pemerintah dalam menangkal intoleransi beragama. Selain faktor pemerataan penduduk dan kesejahteraan ekonomi, penting kiranya pemerintah memperhatikan aspek sosial-keagamaan atas kasus migrasi yang terjadi di pedalaman Duri Bengkalis, Riau. Agar cita-cita pembangunan sosial secara nasional dapat terwujud, potret proses migrasi suku Batak Kristen ke pedalaman Duri harus menjadi outlook atas konflik sosial yang terjadi. Menyoroti kasus intoleransi antara suku Batak Kristen dan Muslim Melayu Duri menjadi penting untuk ditelaah secara kontekstual melalui pendekatan riset. Sebagai acuan mengembangkan toleransi tanpa batas dalam bingkai pluralisme, sangat pantas jika kajian ini, dianalisis menggunakan perspektif sosiologi pembangunan. Proses mengembangkan pembangunan bangsa melalui program migrasi, penulis mengambil data lapangan melalui penelitian kualitatif. Sumber data diambil langsung kepada informan dengan teknik snowball sampling. Setelah data dianalisis dengan proses reduksi data, display data, dan penarikan kesimpulan, penulis menemukan optimalnya kebijakan pemerintah dalam mengakomodir program migrasi. Hal utama yang menjadi pemicunya adalah masih rendahnya masyarakat memahami makna pluralisme. Walaupun secara umum masyarakat sudah menghayati falsafah Pancasila, tetapi masih rendahnya implikasi tersebut dalam kehidupan sehari-hari. Upaya meredam konflik yang terjadi di Bengkalis, pemerintah perlu menyusun roadmap kebijakan tentang dialog agama. Kerukunan agama sangat penting ditegakkan. Mustahil dapat mewujudkan sikap toleransi tanpa batas jika instrumen pendukungnya bukan menjadi agenda prioritas. Terutama di daerah-daerah yang rawan konflik antar umat beragama yang sejatinya disebabkan oleh faktor kesenjangan ekonomi dan oligarki politik.


2020 ◽  
Vol 28 (2) ◽  
pp. 192-210
Author(s):  
Dina Mardiana ◽  
Muhammad Yusuf ◽  
Asyraf Isyraqi Jamil

This study examined the harmonization of five religions (Islam, Catholicism, Protestantism, Hinduism, and Buddhism) that are adhered to by the people of Mojorejo Village, Batu, East Java. This village has an important role, as it becomes the first area in Batu, East Java – that implement and develop the concept of religious pluralism and harmonization in one village area thus it has been awarded as “A Village that is Aware of Religious Harmony” from the government of Batu. Therefore, this study aimed to understand the constructs of religious harmony that have been successfully established in Mojorejo Village, Batu, East Java. The theory underlying this study is Nurcholis Madjid’s theory of humanist pluralism. This study used a qualitative approach to produce descriptive data in the form of oral, written, and observable behavior. Through three data collection methods (observation, in-depth interview, a study of documents), this study concludes that the religious harmony construct of the Mojorejo Village community is established from a pattern of accustoming mutual respect among villagers which is carried out both naturally and sustainably. This continuity manifests through cooperation in three ways: religious, social, and cultural cooperation so that it can lead to the emerge of perspectives, ideas, and a social environment capable of maintaining and preserving religious plurality in harmony. Therefore, the application of religious harmony in Mojorejo Village, Batu, East Java can be used as an alternative solution for other areas in locating and facilitating religious plurality so that it remains harmonious amid a pluralistic community.


2019 ◽  
Vol 9 (3) ◽  
pp. 211-223
Author(s):  
Mohammad Agus Yusoff ◽  
Athambawa Sarjoon

Abstract Sri Lankan military forces and government authorities have succeeded to counter measure terrorism by defeating the Liberation Tigers of Tamil Eelam (LTTE). However, their initiatives and efforts to restore peace and harmony among different ethno-religious groups in the post-war context are highly complex. The additional space given to the reemergence of radical religious groups has negatively influenced the process of fostering religious tolerance and harmony, which have been maintained for centuries in the country. Ethno-religious minorities became the major targets of religious hatred and violent attacks. At both the societal and political platforms, majoritarian religious sentiments and discourse have established a dominant presence in opposing the existence and practice of the religious fundamentals of minorities. This study has attempted to investigate the nature and impact of majoritarian religious violence in post-war Sri Lanka, as well as the efforts made by the government authorities to control them in order to foster religious tolerance and harmony in the country. This study argues that religious violence under the shadow of religious nationalism has been promoted by many forces as a mechanism by which to consolidate a majoritarian ethno-religious hegemony in the absence of competing ethnic-groups context in post-war Sri Lanka. In many ways, state apparatuses have failed to control religious violence, maintain religious tolerance and inter-religious harmony, particularly of accommodating minorities in nature. The study concludes that the continuous promotion of majoritarian religious hegemony through anti-minority religious hatred and violence would further promote religious intolerance and radicalism challenging the establishment of religious harmony in the country.


2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Nuraeni Nuraeni

Religious pluralism in Indonesia is a necessity that cannot be avoided because it adheres to diversity. As we know that in Indonesia there are six religions recognized by the government namely (Islam, Christianity, Hinduism, Hinduism, Buddhism, Catholicism and Kong hu chu) and every Indonesian citizen must embrace one of these religions, besides that human beings themselves are part of pluralism itself, so we live in pluralism.Normatively, doctrinaire of religion always teaches kindness, love and harmony. But sociological reality shows the opposite, religion is actually used as a source of ongoing conflict, both internal and external conflicts, such as clashes between the Early Church Christians with Jews, Christians with adherents of Roman religion (imperial religion) in the first century to the third century. Not much different from that in Indonesia, so we need to find a meeting point or Sawa sentence, looking for a conducive and prospective approach to the realization of sacred religious values (fundamental values) to be applicable solutions in looking at this plural future. 


Author(s):  
Dalsooz Jalal Hussein

The author of the article empirically studies the way countries are competing for establishing diplomatic relations with a non-governmental actor. The author focuses on the government of the Kurdistan region which uses its soft power to attract the attention of countries. Among other instruments, hydrocarbon fuels (oil and gas) were the main driving force of the Kurdistan region’s soft power. The author proves that economic and hydrocarbon ambitions have made the countries transform their traditional understanding of global diplomacy which inspires some former antagonist states to rebuild their relations with a non-governmental actor even more, and even to consider it as their close partner. The conclusions of the research correspond with the idea that the Kurdistan region will more actively participate in global diplomacy as it is rich in oil and gas resources.   


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