The legal status of religious minorities in the Euro-Mediterranean world (5th–15th centuries) [RELMIN]

2013 ◽  
Vol 99 (1) ◽  
pp. 491-492
Author(s):  
Reingard Rauch
Keyword(s):  
Legal Status ◽  
Religious Minorities ◽  
Mediterranean World

The Legal Status of Religious Minorities: Imāmī Shī'ī Law and Iran's Constitutional Revolution

2003 ◽  
Vol 10 (3) ◽  
pp. 376-408 ◽  
Author(s):  
Daniel Tsadik
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Religious Minorities ◽  
Constitutional Revolution ◽  
The Revolution

AbstractThis study investigates the extent to which the laws of Iran's Constitutional Revolution mark a break with Islam with regard to the legal status of religious minorities as reflected in the writings of some eighteenth- and nineteenth-century Imāmī Shī ī ulamā . Whereas Shī ī law usually treated religious minorities and Shī īs differentially, some—but not all—of the Revolutionary enactments treat religious minorities as the equals of Muslims. I conclude that the legal status of some religious minorities improved only somewhat during the Revolution as compared to their status under Shī ī law. The two-faced nature of the Revolution's enactments echoes the rival forces at work. The controversy over whether religious minorities should be treated as equals was legal in nature, but no less a dispute over the orientation of Iranian society.

scholarly journals The legal status of religious minorities: Exploring the impact of the European Court of Human Rights

2018 ◽  
Vol 65 (1) ◽  
pp. 25-42 ◽  
Author(s):  
Effie Fokas
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Indirect Effects ◽  
Legal Status ◽  
Legal Reform ◽  
Direct Effects ◽  
Religious Minorities ◽  
European Court ◽  
Grassroots Level ◽  
The Impact

In the last 25 years the European Court of Human Rights (ECtHR) has evolved into a venue where some of the most contentious questions related to religion in European society are addressed. This article focuses on the grassroots level impact of the ECtHR in the domain of legal status of religious minorities. In light of scholarly debates questioning the direct effects of courts on the issues they address (i.e., legal reform and policy change), the research on which this article is based explores the nature and extent of the Court’s indirect effects on the legal status of religious minorities: how and to what extent does the ECtHR impact upon religious minorities in terms of their conceptions of, discourse around, and mobilisations pursuing their legal status-related rights? This question is addressed through results of empirical qualitative research conducted at the grassroots level in four country cases – Greece, Italy, Romania and Turkey.

The Prohibition of Ritual Slaughtering (Kosher Shechita and Halal) and Freedom of Religion of Minorities

2006 ◽  
Vol 22 (1) ◽  
pp. 1-62 ◽  
Author(s):  
Pablo Lerner ◽  
Alfredo Mordechai Rabello
Keyword(s):  
Animal Rights ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Animal Suffering ◽  
Religious Minorities ◽  
Significant Challenge ◽  
Nation States ◽  
Rights Discourse ◽  
The Right

The statutory prohibition against ritual slaughter, which does not stun the animal prior to slaughter, as required in most Western nations, poses a significant challenge for the international right to freedom of religion or belief in European nation-states. This prohibition is important not only in Europe, or because of the prohibition itself, but because it implicates the legal status of two minority religious communities in these nation-states, those of Judaism and Islam. Some animal rights advocates have objected to ritual slaughter without stunning because, in their view, it causes needless suffering by the animal, and they have been successful in getting their views enacted into law in a number of European countries. Indeed, some countries prohibit ritual slaughtering altogether, as we shall discuss below.This paper argues that the right to freedom of religion or belief requires nation-states to respect the rights of religious minorities that engage in ritual slaughter, even if they recognize the importance of avoiding unnecessary suffering of animals. Following a review of the legal status of animals in rights discourse generally, we will show why the prohibition of ritual slaughter needlessly results in discrimination against religious minorities, and why it is important that nation-states attempting to reduce animal suffering more clearly specify realistic alternatives for avoiding such suffering that are compatible with current religious mandates about animal slaughter. We will also consider whether the alternative of importing kosher orhalalmeat in place of ritual slaughtering, proposed by some nation-states as a method of alleviating the harm to religious minorities, is an effective and fair alternative.

On the Origins of the Office of Head of the Jews in the Fatimid Empire

AJS Review ◽  
1979 ◽  
Vol 4 ◽  
pp. 27-42
Author(s):  
Mark R. Cohen
Keyword(s):  
Legal Status ◽  
Jewish History ◽  
Islamic Law ◽  
Islamic State ◽  
Religious Minorities ◽  
Near Eastern ◽  
The Status ◽  
Similar Vein ◽  
Shed Light ◽  
Christian Denomination

Students of medieval Near Eastern Jewish history have long recognized the immediate relevance of Islamic legal sources delineating the status of dhimmīs (i.e., all non-Muslim protected peoples) to understanding the position of Jews in Islamic domains.1 Jews are rarely singled out in the sources relating to the legal status of the religious minorities. For instance, the extant versions of the so-called Pact of ‘Umar, the document which spells out the obligations and privileges of the dhimmī communities, specify Christians as the recipients. Hence inferences about the position of the Jews in Islamic law have perforce had to be drawn from records referring to dhimmīs in general, or to Christians in particular. relating to the legal status of the religious minorities. For instance, the extant versions of the so-called Pact of 'Umar, the document which spells out the obligations and privileges of the dhimmī communities, specify Christians as the recipients. Hence inferences about the position of the Jews in Islamic law have perforce had to be drawn from records referring to dhimmīs in general, or to Christians in particular. In a similar vein, attention has properly been paid to the fact that such documents as the important Caliphal charter for a twelfth-century Nestorian Catholicos, head of the principal Christian denomination in the eastern Islamic lands, shed light on the administrative relationship between the Islamic state and the Jewish minority.

Analysis of public discourse on religious minorities in Turkey after the coup attempt of 15th July 2016

2019 ◽  
Vol 3 ◽  
pp. 157-173
Author(s):  
Magdalena Szkudlarek
Keyword(s):  
Mass Media ◽  
Public Discourse ◽  
Legal Status ◽  
Social Attitudes ◽  
Media Content ◽  
Religious Minorities ◽  
Coup D'etat ◽  
The Public ◽  
Turkish Language ◽  
Coup Attempt

The aim of this paper is to follow and analyse the public discourse on religious minorities in Turkey after the failed coup d’état of 15th July 2016. However either Turkish state’s policy or social attitudes towards these groups have always been controversial and their real position has always differed from their legal status, the author decided to put a hypothesis that the coup attempt is indeed what has significantly affected the way they are being perceived by mass media in Turkey and hence, by Turkish public opinion. Thus, the purpose of this analysis is to study the chosen media content concerning religious minorities and to answer the question how the post-coup reality affects the situation of persons belonging to these groups. In order to achieve this goal several research methods specific for political science and humanities are applied and Polish, English and Turkish language sources are widely referred in the article.

Die Rechtsstellung religiöser Minderheiten im Iran

2020 ◽  
Author(s):  
Sevil Hosseini
Keyword(s):  
International Law ◽  
Legal Status ◽  
Islamic Law ◽  
Religious Minorities ◽  
Iranian Law ◽  
The Future

This study shows that the personal statutes (šakhsīye-e ahvāl) of the officially recognised religious minorities (Zoroastrians, Jews and Christians), which are constitutionally guaranteed in Iran, grant them rights with regard to their personal affairs. Nevertheless, measures have been taken which, above all, affect the rights of religious minorities under international law according to Art. 27 of the IPCPR. This work is the first to deal with a legal comparison of these statutes. In addition, the author discusses the protection of religious minorities in international law, the legal status of religious minorities in Islamic law and, in detail, the legal status of religious minorities in Iran (including Sunnis, Sufi orders, Ahl-e Haq orders, Alevis, Zaidites, Ismailites, Zoroastrians, Jews, Christians, Baha'i, Mandaeans and Yezidis). The author offers solutions to the problems of religious minorities and contributes to the future harmonisation of Iranian law and international law.

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