Religion in the Mirror of Law

2016 ◽  

This volume has as its subject reflections on religious affiliation in the theory of law, political constitutions and the reality of law in Eastern Europe. How did parliamentary representations, religious communities, scholars and writers imagine an ethnically as well as religiously heterogenous society? How did changes in power affect the life and the institutions of the various religious communities? On which levels did religious law, enlightened reason and state law compete against each other? How was ethnic and religious coexistence conceived theoretically and enacted locally? The contributions to this volume, presenting the outcome of an international conference held in Lviv, discuss these questions from the perspectives of historical, anthropological, legal and literary sciences.

Author(s):  
Michael Giudice ◽  
Eric Scarffe

This chapter assesses the theoretical adequacy of legal positivism in explanation of several forms and features of transnational law. We suggest that while legal positivism emerged as a philosophical account of state law in the seventeenth, eighteenth, and nineteenth centuries, its connection to state law is best viewed as historical and contingent rather than conceptual and necessary. Among the two core commitments of legal positivism, while the separation thesis requires no modification from its original form, the social fact thesis must be revised and developed to explain the character of transnational law. We also show how the exercise of revising a philosophical theory of law such as legal positivism provides an opportunity to illustrate the continuity between conceptual, empirical, and evaluative studies of transnational law.


2021 ◽  
pp. 219-222
Author(s):  
Mariya Yankova

The article is dedicated to the issues considered during the international conference “The motive of the disease in the history of literature and culture of post-totalitarian states of Central and Eastern Europe”, which took place on November 6, 2020. The main topics of the speakers were focused on the disease as a weakness in the literature, the trauma of loss, the theme of illness and healing in world literature from its beginning to the present, including the periods of Kyiv Rus, Renaissance, Baroque and Modernism and the traumatic experience in the narratives of the Holodomor, Ukrainian women’s prose and the ability of Ukrainian sacred and decorative, as well as modern women’s art to visualize the disease and help artists overcome their injuries.


QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.


2019 ◽  
Vol 4 (1) ◽  
pp. 14-30
Author(s):  
Ratno Lukito

The distinction in the normative character of legal traditions will give an effect of the state different attitude to those traditions. In the case of Islamic law and adat law in Indonesia, we see that although having different basic character in terms of its foundation of legal creation, Islamic law can relatively be closer to the character of the state law, which is uniform and nationally effective. It is clear here that the nationalization of Islamic law built on the basis of its adherents, and not on the tribe, clan, language, or other local denominations, becomes an effective tool for its rapprochement with the state law, which is also nationalized on the basis of citizenship. Thus, although it is not possible to equalize Islamic law and state law due to the sacredness of the religious law, the scope in the efficacy of both laws can be an effective means of legal rapprochement. This is however not the case with adat law. The character of adat law as a local and heterogeneous legal tradition is intrinsically not in line with the philosophy of national law, which is anti-localism and homogeneous. It is just impossible to bring adat law to become an effective law for all Indonesian citizens. As a result, the rapprochement is difficult between adat law and state law.


2020 ◽  
Vol 18 (4) ◽  
pp. 203-219
Author(s):  
Jacek Wołoszyn

The changes occurring in countries of Central and Eastern Europe after 1945 deprived young people of their subjectivity, divested them of the possibility of legal activities outside the structures controlled by the rulers. Simultaneously, the activities taken by the latter threatened the values which were fundamental for the most of them. Some of young people attempted – more or less – to engage in active resistance, usually determined axiologically. It took, among other things, the form of refusal to participate in official youth organisations while staying in religious communities. Some also publicly expressed their oppositions in the form of participation in street demonstrations. Others joined the anti-communist underground or established their own underground groups. Young people’s anti-system attitudes were discussed on the examples of Belarus, Estonia, Czechoslovakia, Lithuania, Latvia, the German Democratic Republic and Ukraine.


2019 ◽  
pp. 788-868
Author(s):  
Uwe Kischel

This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.


Religions ◽  
2020 ◽  
Vol 11 (5) ◽  
pp. 233
Author(s):  
Vladimir Bakrač ◽  
Danijela Vuković-Ćalasan ◽  
Predrag Živković ◽  
Rade Šarović

The process of converting individuals to a particular religious community is one of the issues addressed by the Sociology of Religion. In the post-socialist Montenegrin society, there have been research works related to dominant religious communities, the Orthodox, the Roman Catholic, and the Islamic, while science has shown no interest in small religious groups. The Adventist movement in Montenegro, although present for a long period of time, has failed to mobilise individuals for conversion to a greater extent. Therefore, this research aims to find out when, under what conditions and in what way the individuals in Montenegro, as a post-socialist state, chose Adventism as religious affiliation, what affected this process the most, and were there any specificities in that regard. This paper is a result of a survey conducted via an in-depth interview with 17 believers of the Adventist Church. The obtained results indicate several valuable data: most respondents accepted the Adventist movement in Montenegro in the early 1990s; they got first-hand knowledge of this religion from their friends or wider family members and relatives, a consistent interpretation of the Holy Bible is the main reason for conversion. A significant factor in the process of conversion to Adventism is early religious socialisation within a family.


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