Oxford Journal of Law and Religion最新文献_第2页

Balancing Faith and Equality: Examining the Adequacy of the Doctrine of Essential Religious Practices from Gender Perspectives in India 平衡信仰与平等：从性别视角审视印度基本宗教习俗理论的适当性

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Oxford Journal of Law and Religion Pub Date : 2024-02-07 DOI: 10.1093/ojlr/rwad020

Sumit Sonkar

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The Rise of Public–Private Religious Partnerships: Arguing Church Autonomy in the Era of Public Funding of Religion 公私宗教伙伴关系的兴起：论证宗教公共资助时代的教会自治

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Oxford Journal of Law and Religion Pub Date : 2024-02-01 DOI: 10.1093/ojlr/rwad022

Nahshon Perez

{"title":"The Rise of Public–Private Religious Partnerships: Arguing Church Autonomy in the Era of Public Funding of Religion","authors":"Nahshon Perez","doi":"10.1093/ojlr/rwad022","DOIUrl":"https://doi.org/10.1093/ojlr/rwad022","url":null,"abstract":"Religion and government, following the influence of Locke and Madison are often considered two different institutions. As such, they function under different sets of rules. We argue that the ‘two institutions’ image and institutional reality are increasingly untenable. Rather, religion and government are intertwined in many democratic countries, including, growingly, in the US, that it would be more accurate to speak of the new norm of governmental–religious hybridity. Advances in data collected regarding religion–state relations, and the accumulation of court decisions in the US bring to the fore a new norm of religious–governmental hybridity. Such hybrid institutions are typically functionally religious associations; however, their funding is sourced in the government to create ‘public private religious partnerships’. If such a re-classification is justified, then norms of public law should apply to such religious associations. This bears substantial implications vis-a-vis central concepts used in political and legal circles regarding religious freedom; furthermore, this reclassification also bears upon an ongoing intellectual debate between scholars such as Chiara Cordelli—advocating democratization of religion, and Michael W. McConnell who advocated an opposing view: a strong version of church autonomy. So, this reclassification bears important implications for both scholarly debates and political issues.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139677409","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

Religious Reasons and Liberal Legitimacy 宗教原因与自由主义的合法性

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Oxford Journal of Law and Religion Pub Date : 2024-01-18 DOI: 10.1093/ojlr/rwad021

Kim Leontiev

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Conscience and the continuum of constitutionalism: John Calvin on civil government 良心与宪政的连续性:约翰·加尔文论公民政府

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Oxford Journal of Law and Religion Pub Date : 2023-12-05 DOI: 10.1093/ojlr/rwad018

Constance Lee

{"title":"Conscience and the continuum of constitutionalism: John Calvin on civil government","authors":"Constance Lee","doi":"10.1093/ojlr/rwad018","DOIUrl":"https://doi.org/10.1093/ojlr/rwad018","url":null,"abstract":"This article examines John Calvin’s theology on its own terms with the aim of appreciating the normative basis and implications of his political theory. Although the claim that Calvin’s account of civil government falls within the category of political ‘theology’ is less controversial, the normative implications of his theological ontology for political actors are more commonly contested. Calvin seminally wrote ‘on Civil Government’ in Book IV, Chapter xx of the Institutes of the Christian Religion. In contrast, his accounts of conscience and natural law are far less systemized.1 This article contends that this reticence is not due to lack of importance but rather, due to its foundational nature. Indeed, the opening statement of the Institutes is indicative of the coherence of the Reformer’s thoughts wherein any emerging polity is composed of what this article refers to as the ‘spheres-of-influence’ scheme—a normative system originating inward from the vertical relationship every human agent has with the divine, and then extending horizontally outwards to bind the collective in a common system of values. Such an ontology is predicated on the concepts of conscience and the divine image, which renders all persons, who possess this natural repository of moral knowledge, accountable to transcendent standards of virtue. It follows that when we overlay this ‘continuum’2 onto a constitutional framework, we place the priority, not on the individual rights of the citizen, but on the responsibilities of all political actors whereby others precede the self and the common good prevails over self-interest.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"184 ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138519157","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

Criminalizing Indigenous Belief: The Constitutional Deficits of Uganda’s Witchcraft Act 将土著信仰定罪:乌干达巫术法的宪法缺陷

Oxford Journal of Law and Religion Pub Date : 2023-11-08 DOI: 10.1093/ojlr/rwad014

Busingye Kabumba

引用次数: 0

Divorcing abroad, sharīʿah style: Legal reforms and Moroccan women 国外离婚，沙尔尼式:法律改革和摩洛哥妇女

Oxford Journal of Law and Religion Pub Date : 2023-11-08 DOI: 10.1093/ojlr/rwad017

Federica Sona

{"title":"Divorcing abroad, sharīʿah style: Legal reforms and Moroccan women","authors":"Federica Sona","doi":"10.1093/ojlr/rwad017","DOIUrl":"https://doi.org/10.1093/ojlr/rwad017","url":null,"abstract":"Abstract Against the backdrop of the fast-progressing legal reconfigurations happening in European countries and the Muslim world, this article brings to light two internationally noteworthy yet overlooked scenarios. The first regards the plasticity of the Italian provisions fostering the privatization of family matters via extra-judicial matrimonial dissolution formulae, which potentially accommodate Islamically inspired normativities either by granting legal validity to ex-spouses’ sharīʿah-compliant agreements, or by incorporating potential concessions for the Islamic legal waiting period. The second scenario concerns access to justice for Muslim Moroccan wives, who may strategically seek divorce before Italian tribunals through the implementation of Moroccan family law to benefit from more advantageous interpretations and judicial discretion. In-depth examinations of unpublished legal proceedings reveal an evolving legal vocabulary while documenting strengthened confidence in applying the Mudawwanah on European soil. While this can impede the validation of European (extra-)judicial divorces in Muslim-majority countries and lead to divergent implementations of the same norms in Italy and Morocco, the dynamics nonetheless foster forum shopping and women’s empowerment. Paying careful attention to the \"gendered readings\" of legal provisions introduced by disputing partners before the judiciary, the narrative depicting victimized Muslim women in migratory contexts is therefore challenged.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"28 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135430052","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

Inside Indonesia’s Religious Courts: An Argument for Domestic and Family Violence Screening and Exemption from Compulsory Mediation 印尼宗教法庭内部:关于家庭和家庭暴力的筛选和免于强制调解的争论

Oxford Journal of Law and Religion Pub Date : 2023-11-03 DOI: 10.1093/ojlr/rwad015

Balawyn Jones, Amira Aftab

{"title":"Inside Indonesia’s Religious Courts: An Argument for Domestic and Family Violence Screening and Exemption from Compulsory Mediation","authors":"Balawyn Jones, Amira Aftab","doi":"10.1093/ojlr/rwad015","DOIUrl":"https://doi.org/10.1093/ojlr/rwad015","url":null,"abstract":"Abstract In Indonesia, Islamic norms have been codified into State family law and divorce petitions are handled by State ‘Religious Courts’ (Pengadilan Agama). Formal, court-annexed mediation at the Religious Courts exists alongside customary (adat) mediation at the community level. In cases involving domestic and family violence, victims are socially expected to mediate at the community level before proceeding to the Religious Courts for formal determination of divorce petitions. At the Religious Courts, mediation is currently compulsory for all divorce petitions, even where there is proof or allegations of domestic and family violence. We argue that mediation should not be compulsory for victims of domestic and family violence who seek divorce via State family law avenues. In practice, victims bringing divorce petitions to the courts have generally already participated in mediation at the community level and therefore, further mediation has little—if any—utility. Further, there are well-documented risks for victims of domestic and family violence in mediation contexts. We draw on the comparative models of family violence screening from Australia and Canada to argue that similar screening processes should be introduced into Indonesia’s Religious Courts in order to exempt such cases of violence from compulsory mediation.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135875266","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

Why Family Law Treats Female Genital Mutilation and Circumcision Differently: An Explanation 为什么家庭法对女性生殖器切割和割礼区别对待:一个解释

Oxford Journal of Law and Religion Pub Date : 2023-10-13 DOI: 10.1093/ojlr/rwad012

Nick Brown

引用次数: 0

Muslim Women, Nikah Marriages, Domestic Abuse and Religious Arbitration in England 英国的穆斯林妇女、尼卡婚姻、家庭暴力和宗教仲裁

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Oxford Journal of Law and Religion Pub Date : 2023-08-09 DOI: 10.1093/ojlr/rwad011

I. Uddin

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Continuity and Change of Traditional Islamic Law in Modern Times: tarjīḥ as a Method of Adaptation and Development of Legal Doctrines 传统伊斯兰教法在近代的延续与变迁:作为法律学说适应与发展的一种方法

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Oxford Journal of Law and Religion Pub Date : 2023-06-27 DOI: 10.1093/ojlr/rwad010

Ahmed Gad Makhlouf

{"title":"Continuity and Change of Traditional Islamic Law in Modern Times: tarjīḥ as a Method of Adaptation and Development of Legal Doctrines","authors":"Ahmed Gad Makhlouf","doi":"10.1093/ojlr/rwad010","DOIUrl":"https://doi.org/10.1093/ojlr/rwad010","url":null,"abstract":"\u0000 In addition to ijtihād (independent legal reasoning), tarjīḥ (weighing up and preference) serves as a fundamental instrument of traditional Islamic law's operational work and was used on different levels. In modern times, tarjīḥ is still applied not only by individual scholars but also by collective fiqh institutions. However, the conception of tarjīḥ is undergoing a transformation in its current application. In the scope of this article, the first purpose is to provide a comprehensive overview of the conception and the diverse practical forms of the tarjīḥ in traditional Islamic law. The focus then lies on setting out how to apply tarjīḥ in modern Islamic jurisprudence. This article also aims to illustrate the conceptual and operational changes of tarjīḥ, paying special attention to the relation between tarjīḥ and ijtihād. Overall, this article intends, on the one hand, to contribute to the study of present Islamic law's developments; on the other hand, it examines the continuity and change of tarjīḥ from traditional Islamic law to contemporary fiqh institutions. It is argued that tarjīḥ in the modern age is not only used as a method of weighing and choosing a legal view that among the diverse views of pre-modern law most closely adapts to the current social circumstances, but that it is also integrated in the process of development of new legal doctrines.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45824288","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