Means of communication and socio-legal aspects of interaction between subjects of religious-penitentiary space: the case of Muslims

The Constitutional and Legal Institute of Religious Freedom in the Penitentiary System is subordinated to and regulated by the rules established by the Federal Executive Body exercising law enforcement functions in the fi eld of execution of sentences (FSIN of Russia). Finding themselves isolated from society, ethnic and practising Muslims, sentenced to imprisonment, feel forced restrictions on the religious freedom. The time and place of Muslims who perform religious rites and rituals are regulated by the documents issued by the Ministry of Justice of Russia were outlined the internal regulations for correctional institutions. The state is entrusted with the duty to provide in prisons a special environment, which would enable the spiritual nourishment of Muslims, whose rights to freedom of religious life are supported by centralized Islamic religious organizations. The civil institutions exercise public control over this implementation. At the same time, the Russian State is increasingly interested in interacting with the main subjects of the religious and penitentiary space. Among them there are offi cial structures of the Islamic Ummah, sending educated imams and Islamic theologians for religious service in prisons, representatives of the Islamic expert community, also there are Public Councils on the problems of the penitentiary system under the Federal Penitentiary Service of Russia. The present author considers the activities of Muslim spiritual departments to provide prison libraries with religious literature (the Holy Quran and semantic translations, the Hadith of Prophet Muhammad, His biography, books on Islamic law) as well as the best examples of religious literature, which manifest the traditional values of Russian Islam and the imperatives of a positive socio-cultural environment to be the signifi cant means of communication in the religious-penitentiary environment.

Public Accommodations

The chapter examines potential issues posed by the wide variety of state public accommodation statutes in the context of sexual orientation and religious freedom. The historical approach to antidiscrimination will briefly be examined. A review of recent cases of discrimination due to the legalization of same-sex marriage are analyzed in the context of the arguments regarding freedom of speech and freedom of religion.

THE POSITION OF THE OTTOMAN EMPIRE ON THE ISSUE OF THE MORISCOS AND ITS STRATEGY TOWARDS IT

This research deals with the issue of the Moriscan refugee crisis after the fall of Andalusia to the Spanish in 1492, and the brutal policies they carried out against the refugees. The research also deals with the policy of the Ottoman Empire towards this ordeal, which represented the largest global humanitarian crisis during the 16th and 17th centuries AD. The Ottoman Empire played a major role in the process of saving these Muslim and Jewish refugees, and their homeland in different parts of the Ottoman geography. The Ottoman Empire also succeeded in adopting an integrative policy for these refugees that took into account their social and sectarian specificities, as well as the societal privacy of the new settlement areas. This policy has contributed to creating dynamism and vitality in these areas, and transforming Andalusian refugees into an active force on all cultural, social and economic levels. On the other hand, the Spanish and European refugee crisis revealed the mentality of the issue of religious freedom and the lack of recognition of other religious sects. At the same time, this crisis reflected the Ottoman mentality towards the issue of non-Muslim minorities and how the state interacted with them, and its ability to manage diversity within the Ottoman society. In this context, we will try in this research to present a different analytical approach to the issue of Andalusian Muslim and Jewish refugees, as well as knowing the strategy of the Ottoman Empire towards it and the backgrounds that motivate it. This topic will be addressed through four axes as follows: -First: Andalusia and its importance in attracting immigrants in the Middle Ages -Second: The historical and political circumstances in which the Andalusian refugee crisis arose -Third: The Andalusian refugee crisis and the position of the Ottoman Empire on it -Fourth: The Ottoman Empire's strategy towards the refugee crisis -Fifth: The policy of the Ottomans towards the refugees from Andalusia.

Balancing Interests

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individuals' faith-based objections have been part of public discourse since the passage of initial marriage equality statutes. These exemptions played an essential element in the bills' passages and have mainly gone unquestioned from proponents of marriage equality. But for many of the supporters of these religious exemptions, they did not go far enough to protect business owners or government officials who objected on religious grounds. This chapter discusses the resulting tension between religious freedom and marriage equality.

Freedom of Religion and Marriage Equality

This chapter seeks to explain, as a descriptive matter, when, how, and why issues of religious freedom became part of the marriage equality debates. Using a historical context, the principle of religious freedom is examined, providing a provocative analysis of religious liberty cases and the ongoing role courts have played in this debate after the legalization of same-sex marriage in the United States through the 2015 Obergefell v. Hodges Supreme Court decision. A legal analysis is provided for Supreme Court cases.

LGBT Right Activism and the Risk of Christianophobia in Nigeria

Nigerian conservatism and doctrinaire religion have been cardinal forces behind the adoption of a homophobic legislation in Nigeria. This scenario has spurred many (pro)-gay activists into anchoring their advocacy on a “Christianophobic” rhetoric which labels Christianity and religious fanaticism as two forms of bigotry, barbarism and Nazism, as well as facets of an anti-progressive movement. Such an aggressive advocacy tactic has been making a case for the systematic “de-Christianization” and “de-Islamization” of Nigerians' minds. Using empirical understandings, this chapter argues that, Nigerian LGBT activists shape their advocacy strategies according to some Western atheistic models; models which have progressively given rise to gay totalitarianism and “Christianophobia” in a number of western countries. The paper highlights indexes pointing to a future “Christianophobia” in Nigeria, driven by a “Christianophobic” gay activism and finally argues that any pro-gay advocacy rooted in the de-Christianization of Nigerians unarguably proffers the disrespect of religious freedom.

Religion, Constitution, and Human Rights: An Overview of Muslim Life and Religious Freedom in the United States

<p class="abstrak">The United States Constitution affirms that religious freedom is a fundamental human right regardless of religion. It is upheld by every citizen and the country. However, the political policies in a particular country are often considered to paralyze fundamental rights in religion, causing various problems in Muslim life at the social and political levels. This research aims to analyze the intersectional dynamic of religion, constitution, and Muslim human rights towards life and religious freedom in the United States. This qualitative research uses the lens of political approach. Primary data are taken from the United States Constitution and policies, and supported by secondary data from various books, scientific articles, and news. The results suggest that religious sentiment (Islam) is found in the political policies of the United States. Currently, unconstitutional and discriminative policies are gradually removed because it triggers the social and political chaos. The United States constitution strives towards a pluralist and multi-religious country rebuilding that is safe and peaceful for religion as guaranteed by the constitution. In fact, the public and political spaces have been occupied by many Muslims in an effort to resolve the problems of state and human rights, including the religious sentiment issues.</p>

Rethinking the Constitutionality of Indonesia’s Flawed Anti-Blasphemy Law

This study examines the constitutionality of Indonesia’s Anti-Blasphemy Law, which has been challenged unsuccessfully at the Constitutional Court on three occasions, in 2009, 2012, and 2018. While the Court has acknowledged the law’s provisions are open to multiple interpretations, it insists on maintaining the law as it is, on the grounds that the right to religious expression is not absolute, as freedom and rights are restricted under Article 28J of the 1945 Constitution. The Court believes that canceling the law would create a dangerous legal vacuum. The ambiguity of the Court’s decisions on the constitutionality of the Anti-Blasphemy Law is illustrated in recent blasphemy cases that have not been explored in previous studies. This study uses a doctrinal legal approach to examine why the Anti-Blasphemy Law is flawed and to analyze to what extent the ‘particular constitutionalism’ approach influenced the Court’s decisions when declaring the constitutionality of the law. As such, the Court’s misinterpretation of the core principles of the competing rights – the right to religious freedom and the right to freedom of expression – and its standard limitation, have been ignored. The findings of this study show that in dealing with the Anti-Blasphemy Law, the Court has a narrow and limited recognition of human rights law. The Court’s fear of revoking the Anti-Blasphemy Law is based only on assumptions and is less supported by facts. The Court has failed to realize that the implementation of the flawed Anti-Blasphemy Law in various cases has triggered public disorder, with people taking justice into their own hands.