Journal of Law and Religion最新文献_第10页

Women’s Political Leadership: One Question and Two Divergent Fatwās 妇女政治领导:一个问题和两个分歧Fatwās

Journal of Law and Religion Pub Date : 2022-05-01 DOI: 10.1017/jlr.2022.15

E. Yakar

{"title":"Women’s Political Leadership: One Question and Two Divergent Fatwās","authors":"E. Yakar","doi":"10.1017/jlr.2022.15","DOIUrl":"https://doi.org/10.1017/jlr.2022.15","url":null,"abstract":"Abstract Women’s political leadership is one of the abiding controversial issues among Muslim scholars. The question of whether a Muslim woman can lead in her country is generally answered negatively by Muslim scholars, but some modern scholars explicitly support women’s political leadership without any restriction. Where the scholars stand on the issue is influenced by their social context. With the intent of examining the interaction between social context and Islamic legal methodologies in fatwās—Isalmic legal opinions—related to women, the author discusses as exemplary texts the fatwās issued by two well-known religious institutions, the Dār al-Iftā’ in Saudi Arabia and the Diyanet in Turkey. The institutions function in different social contexts: Saudi Arabia is a theocratic monarchy that applies Islamic law; Turkey is a democratic country whose legal system is based on a secular law. Through a detailed analysis of the spatio-temporal fatwās regarding women’s political leadership, the author provides insight into the influence of contextual elements during the process of issuing fatwās, suggesting that these differences of opinion among Muslim scholars and religious institutions will continue.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"212 1","pages":"334 - 364"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80529725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Critique 临界

Journal of Law and Religion Pub Date : 2022-01-25 DOI: 10.2307/3649165

J. Onek

{"title":"Critique","authors":"J. Onek","doi":"10.2307/3649165","DOIUrl":"https://doi.org/10.2307/3649165","url":null,"abstract":"Throughout U.S. history, law enforcement agencies and other departments in federal, state and local governments have overreacted to perceived threats to American security in times of war or \"quasi-war\" and have violated civil liberties. At the very beginning of the Republic, when the new American nation was in danger of becoming embroiled in the wars between France and England, our Congress passed the Alien and Sedition Acts. Under those Acts, Congressmen and journalists were arrested, convicted and imprisoned simply for criticizing the government. In the Civil War, as is well known, President Lincoln suspended the writ of habeas corpus, and in many cases military tribunals were used inappropriately and illegally. In World War I, Congress once again passed many laws, ostensibly in support of the war effort, that violated basic human rights, such as freedom of speech and association. For example, Eugene Victor Debs, a socialist who had received millions of votes as a Presidential candidate, was convicted and imprisoned because he spoke out, with others, in opposition to the draft. After World War I, when there was significant concern about Bolshevism after the Russian Revolution, the government engaged in the so-called \"Palmer raids,\" a series of raids on, and arrests of, suspected radicals, many of whom were immigrants. Indeed, the A.C.L.U. was first founded to challenge those arrests. World War II saw one of the greatest stains on American democracy and certainly one of the greatest overreactions, the internment of Japanese Americans in response to claimed national security threats stemming from our war with Japan. U.S. citizens of Japanese origin were detained without any evidence that they were any danger to our security. In retrospect, this internment has been shown by competent scholars and military officials to have been absolutely unnecessary as well as a horrendous violation of civil liberties. Similarly, in the so-called \"Cold War\" we had periods of McCarthyism that included widespread blacklisting and other abuses at","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"29 1","pages":"85 - 87"},"PeriodicalIF":0.0,"publicationDate":"2022-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88489910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Continuous Action toward Justice 持续的正义行动

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2022.2

Darren Lenard Hutchinson

引用次数: 0

JLR volume 37 issue 1 Cover and Front matter JLR第37卷第1期封面和封面问题

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2022.11

引用次数: 0

Reflections on the Power of Relentless Creativity 关于不懈创造力的力量的思考

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2021.85

Tiffany Hale

引用次数: 1

JLR volume 37 issue 1 Cover and Back matter JLR第37卷第1期封面和封底

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2022.12

引用次数: 0

Author's Response 作者的回应

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2021.91

M. D. McNally

引用次数: 1

A Tribute to Marie Failinger 向玛丽·费林杰致敬

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2021.86

Emily A Hartigan

引用次数: 0

Secularism and the Freedom to (Self-)Regulate: A Response to Michael McNally's Defend the Sacred 世俗主义与自我调节的自由:对迈克尔·麦克纳利《捍卫神圣》的回应

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2021.77

Charles McCrary

{"title":"Secularism and the Freedom to (Self-)Regulate: A Response to Michael McNally's Defend the Sacred","authors":"Charles McCrary","doi":"10.1017/jlr.2021.77","DOIUrl":"https://doi.org/10.1017/jlr.2021.77","url":null,"abstract":"I am grateful for the opportunity to read and discuss this provocative and deeply learned new book. With Defend the Sacred, Michael McNally has produced an immensely valuable work that combines meticulous explanations with strong, creative, and, above all, useful arguments. I am a religious studies scholar who is often critical of religious freedom, and this book is just what I needed to read. McNally grants the legitimacy of the critiques raised both by many interested parties and by religious studies scholars. And he generally agrees that religion is a colonialist category; religious freedom privileges individual believers; it perpetuates racial liberalism; and Native Americans almost always lose free-exercise cases. This book is not a call to double down on the narrow protections of First Amendment free exercise claims, hoping that the protection of sacred sites, for instance, will eventually be regarded by federal judges as a matter of ensuring the protection of sincerely held beliefs. Indeed, McNally takes the failures of free-exercise claims not as an occasion to abandon religious freedom but as an invitation to think more capaciously, creatively, and strategically about what religious freedom is and can do. Other contributors to this forum are better equipped than I am to assess the plausibility and promise of McNally’s suggestions. In many ways, McNally thinks like a lawyer (here, I mean that as a compliment), which is to say, strategically, in order to accomplish his aims. In so doing, though, he is not doctrinaire or pedantic; he has a pragmatic will to try, to collaborate and experiment and see what works. This is an approach to law and religion that is too rare, and I found it a refreshingly practical, sensible, and grounding book to think with. Leaving the more fine-grain analysis to those with more expertise, I respond to this book by discussing three related clusters of thoughts it provoked. In what follows, I first put McNally’s work in conversation with secularism studies and ask what this book can teach us about how secular governance works in practice. Second, I think with McNally about spirituality and sincere belief. And finally, I conclude with some brief thoughts on the postsecular and the sacred.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"10 1","pages":"191 - 195"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75169674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Editor's Note: New Developments at JLR 编者注:JLR的新发展

Journal of Law and Religion Pub Date : 2022-01-01 DOI: 10.1017/jlr.2021.80

Silas W. Allard

引用次数: 0