Conceptualizing Religious Offences and Understanding Secularism Under the Indian Legal System PDF Download
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Author: Junu Das
Publisher:
ISBN: 9781636482484
Category :
Languages : en
Pages : 240
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Book Description
Religion and law have been the most influential means of social control and change throughout history. They are mutually interconnected and their interrelationship defines the nature of a particular society. As such Assam, being a state of India is known for having diverse religious communities across the territory governed by the Rule of Law under the Constitution of India which mostly represents the entire Indian Territory including Assam as a secular country. However, most often it has been found that due to religious intolerance and conflict between traditional religious beliefs and the modern common law system, there have been disruptions in the law-and-order situation in the state of Assam in the last few decades. The study in this field is important, to know the validity of the present-day legal institutions for promoting religious tolerance amongst the local communities in the state of Assam, thereby upholding secularism by transcending the gap between the traditional religious beliefs and the modern needs of the civilization, for maintaining order in the society, we will have to know the relationship between law and religion concerning Assam and the extent to which law can promote secularism in the minds of the local people. This research will therefore study the evolution of different religions in the State of Assam to understand their hold over the local people and will also study the legal framework governing the state to analyze the extent to which this framework is secular or is in conformity with religious sentiments of the people. This study will also highlight some of the cases where anti-secular activities were promoted to justify the role of law in such situations. At last, the study will highlight the opinions of different experts and scholars in the profession of law for having a better understanding of the subject.
Author: Junu Das
Publisher:
ISBN: 9781636482484
Category :
Languages : en
Pages : 240
Get Book
Book Description
Religion and law have been the most influential means of social control and change throughout history. They are mutually interconnected and their interrelationship defines the nature of a particular society. As such Assam, being a state of India is known for having diverse religious communities across the territory governed by the Rule of Law under the Constitution of India which mostly represents the entire Indian Territory including Assam as a secular country. However, most often it has been found that due to religious intolerance and conflict between traditional religious beliefs and the modern common law system, there have been disruptions in the law-and-order situation in the state of Assam in the last few decades. The study in this field is important, to know the validity of the present-day legal institutions for promoting religious tolerance amongst the local communities in the state of Assam, thereby upholding secularism by transcending the gap between the traditional religious beliefs and the modern needs of the civilization, for maintaining order in the society, we will have to know the relationship between law and religion concerning Assam and the extent to which law can promote secularism in the minds of the local people. This research will therefore study the evolution of different religions in the State of Assam to understand their hold over the local people and will also study the legal framework governing the state to analyze the extent to which this framework is secular or is in conformity with religious sentiments of the people. This study will also highlight some of the cases where anti-secular activities were promoted to justify the role of law in such situations. At last, the study will highlight the opinions of different experts and scholars in the profession of law for having a better understanding of the subject.
Author: Nicolas Howe
Publisher: University of Chicago Press
ISBN: 022637680X
Category : Religion
Languages : en
Pages : 250
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Book Description
“What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred. Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.
Author: Werner Nicolaas Nel
Publisher: Wipf and Stock Publishers
ISBN: 1725295148
Category : Religion
Languages : en
Pages : 497
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Book Description
“Nel focuses on grievous religious persecution as one manifestation of crimes against humanity. In spite of shocking reports in recent years about mass-scale atrocities, the issue of religious persecution so far has received comparatively limited attention in academic literature. By meticulously putting together the various elements that jointly define religious persecution, Nel’s dissertation fills a frequently felt gap. Moreover, he reminds us that humanity cannot remain silent about manifestations of grievous religious persecution, which after all are crimes against humanity as a whole. International criminal law must be applied to overcome the gloating triumph of perpetrators over their victims.” From the foreword by Prof. Dr. Heiner Bielefeldt, former U.N. Special Rapporteur on freedom of religion or belief
Author: Nico Krisch
Publisher: Cambridge University Press
ISBN: 1108843069
Category : Law
Languages : en
Pages : 521
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Book Description
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1108334075
Category : Law
Languages : en
Pages :
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Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author: Jaclyn L. Neo
Publisher: Cambridge University Press
ISBN: 1108416179
Category : Law
Languages : en
Pages : 343
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Book Description
Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.
Author: Yüksel Sezgin
Publisher: Cambridge University Press
ISBN: 9781107636491
Category : Political Science
Languages : en
Pages : 0
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Book Description
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.
Author: Rajeev Bhargava
Publisher:
ISBN: 9780195650273
Category : Political Science
Languages : en
Pages : 550
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Book Description
This book puts together the most important contemporary writings in the debate on secularism. It deals with conceptual, normative and explanatory issues in secularism and addresses urgent questions, including the relevance of secularism to non-Western societies and the question of minority rights.
Author: Teena Purohit
Publisher: Harvard University Press
ISBN: 0674071581
Category : History
Languages : en
Pages : 248
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Book Description
An overwhelmingly Arab-centric perspective dominates the West’s understanding of Islam and leads to a view of this religion as exclusively Middle Eastern and monolithic. Teena Purohit presses for a reorientation that would conceptualize Islam instead as a heterogeneous religion that has found a variety of expressions in local contexts throughout history. The story she tells of an Ismaili community in colonial India illustrates how much more complex Muslim identity is, and always has been, than the media would have us believe. The Aga Khan Case focuses on a nineteenth-century court case in Bombay that influenced how religious identity was defined in India and subsequently the British Empire. The case arose when a group of Indians known as the Khojas refused to pay tithes to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis. The Khojas abided by both Hindu and Muslim customs and did not identify with a single religion prior to the court’s ruling in 1866, when the judge declared them to be converts to Ismaili Islam beholden to the Aga Khan. In her analysis of the ginans, the religious texts of the Khojas that formed the basis of the judge’s decision, Purohit reveals that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one. Purohit suggests that only when we understand Islam as inseparable from the specific cultural milieus in which it flourishes do we fully grasp the meaning of this global religion.
Author: Kathleen M. Sands
Publisher: Yale University Press
ISBN: 0300245378
Category : Religion
Languages : en
Pages : 347
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Book Description
How American conflicts about religion have always symbolized our foundational political values When Americans fight about “religion,” we are also fighting about our conflicting identities, interests, and commitments. Religion-talk has been a ready vehicle for these conflicts because it is built on enduring contradictions within our core political values. The Constitution treats religion as something to be confined behind a wall, but in public communications, the Framers treated religion as the foundation of the American republic. Ever since, Americans have translated disagreements on many other issues into an endless debate about the role of religion in our public life. Built around a set of compelling narratives—George Washington’s battle with Quaker pacifists; the fight of Mormons and Catholics for equality with Protestants; Teddy Roosevelt’s concept of land versus the Lakota’s concept; the creation-evolution controversy; and the struggle over sexuality—this book shows how religion, throughout American history, has symbolized, but never resolved, our deepest political questions.
