The Economic Ascent of the Middle East's Religious Minorities: The Role of Islamic Legal Pluralism

2003 ◽  
Author(s):  
Timur Kuran
Keyword(s):  
Legal Pluralism ◽  
Religious Minorities

scholarly journals Pendekatan Pluralisme Hukum dalam Studi Hukum Adat: Interaksi Hukum Adat dengan Hukum Nasional dan Internasional

2021 ◽  
Vol 4 (1) ◽  
pp. 81-124
Author(s):  
Sartika Intaning Pradhani
Keyword(s):  
Secondary Data ◽  
Legal Pluralism ◽  
Legal Order ◽  
Forum Shopping ◽  
Information Communication ◽  
Social Field ◽  
Communication And Technology ◽  
The Relationship ◽  
Adat Law

Scientific study on adat law starts from empirical research, which finds that adat law does not stand alone but works together with other legal orders. This paper is written based on normative legal research by collecting secondary data to answer (1) how legal pluralism explains adat law and adat law community; and (2) how the application of legal pluralism approach in adat law study. The legal pluralism approach explains adat law not as an isolated/marginalized legal order but as a dynamic legal order which interacts with national and international law. From the perspective of legal pluralism, the adat law community is a semi-autonomous social field that produces rules from the interplay between the adat law community and other legal communities/institutions. Categorization of legal pluralism approach application are as follow: first, weak legal pluralism where state law recognizes adat law either by law and regulation or court decision; second, strong legal pluralism which describes through the semi-autonomous social field, shopping forum, and forum shopping concept; third, legal pluralism multi-sited which explain the relationship between legal phenomena in local, national, and international level; and elaborate the role of information, communication, and technology which bridges legal phenomenon from one to another. Abstrak Kajian ilmiah terhadap hukum adat berangkat dari penelitian lapangan yang menemukan bahwa hukum adat tidak pernah berdiri sendiri dan selalu berinteraksi dengan tertib hukum yang lain. Artikel ini ditulis berdasarkan penelitian hukum normatif dengan mengumpulkan data sekunder berupa laporan-laporan penelitian dan artikel jurnal untuk untuk menjawab (1) bagaimana pendekatan pluralisme hukum menjelaskan hukum adat dan masyarakat hukum adat; dan (2) bagaiamana pendekatan pluralisme hukum digunakan dalam studi hukum adat hari ini. Pendekatan pluralisme hukum memahami hukum adat tidak sebagai suatu ketertiban hukum yang terpisah atau termarginalisasi dari ketertiban hukum yang lain, tetapi secara dinamis terus berinteraksi dengan hukum nasional maupun internasional. Dari perspektif pluralisme hukum, masyarakat hukum adat merupakan suatu wilayah sosial semi otonom yang melahirkan hukum berdasarkan hubungan saling memengaruhi dengan masyarakat hukum lain. Penerapan pendekatan pluralisme hukum dalam studi hukum adat dapat dikelompokkan dalam tiga kategori. Pertama, pluralisme hukum lemah di mana negara mengakui hukum adat baik melalui peraturan perundang-undangan maupun putusan pengadilan. Kedua, pluralisme hukum kuat yang dideskripsikan melalui konsep wilayah sosial semi-otonom, forum shopping, dan shopping forum. Terakhir, pluralisme hukum multi-sited yang digunakan untuk menjelaskan hubungan berbagai fenomena hukum antara hukum adat (lokal), nasional, dan internasional serta peran teknologi informasi dan komunikasi dalam menjembatani hubungan tersebut.

Conclusion

2021 ◽  
pp. 207-214
Author(s):  
Spencer W. McBride
Keyword(s):  
Religious Freedom ◽  
Minority Groups ◽  
The United States ◽  
Religious Discrimination ◽  
Mob Violence ◽  
Religious Minority ◽  
Religious Minorities ◽  
Joseph Smith ◽  
Southern States

The Conclusion of the book considers the extent to which Joseph Smith was correct that the states’ rights doctrine condoned mob violence against religious minorities and that the United States would never experience universal religious freedom without a federal government empowered to protect religious minorities. The Missouri militia’s invocation of the violent expulsion of Mormons from the state as their plan to expel abolitionists in the 1850s is examined as a telling example. Joseph Smith’s presidential campaign and its tragic end encapsulate the failure of nineteenth-century Americans to establish universal religious freedom. Many Americans championed states’ rights as a way to maintain race-based slavery in the Southern states, but few acknowledged that this philosophy also disadvantaged religious minority groups. The Conclusion also considers the role of systemic religious discrimination in federal policy for the management of Utah Territory and the multiple denied applications for Utah statehood.

Legal Pluralism and Reasonable Accommodation of Religious Diversity

2017 ◽  
Vol 24 (4) ◽  
pp. 467-483
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Religious Diversity ◽  
Legal Pluralism ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Private International Law ◽  
Public Discussion ◽  
Sharia Law

This article aims to address a number of distinct characteristics of the European debate on legal pluralism as a means for accommodating religious diversity and religious normative orders. In contrast with the us and Canada, where there is a long-standing and varied tradition in jurisprudence that underpins theoretical debates and proposals, European case law is characterised by the prominent role of private international law. Public discussion has also been highly influenced by the uk controversy surrounding the application of Sharia law in arbitration. This article explores how this background shapes the space for religious normative orders, their potential as a means of accommodating religious diversity and the reasons and challenges ahead in the move from private international law to constitutional law for pluralistic arrangements.

WHERE EAST MEETS WEST: SUFISM, CULTURAL RAPPROCHEMENT, AND POLITICS

2007 ◽  
Vol 39 (3) ◽  
pp. 409a-409a
Author(s):  
Meir Hatina
Keyword(s):  
Research Literature ◽  
Early 20Th Century ◽  
Modern Life ◽  
Religious Minorities ◽  
Modern Times ◽  
Lively Debate ◽  
Cultural Bridge ◽  
The 19Th Century ◽  
Islamic Modernism

This paper traces the significant role of Sufism in promoting Muslim—Christian dialogue at a time of growing friction and colonial encroachment. The widening gap in power and wealth between the Western and Muslim world from the 19th century onward heightened cultural animosity between the two but also evoked ecumenical efforts to diffuse this contention. One such effort was Islamic modernism, which promoted a liberal interpretation of scripture and advocated the establishment of an inclusive polity that would encompass women and religious minorities. Islamic modernism gained considerable attention in the research literature. By contrast, another important ecumenical discourse, based on Sufism, which emerged in the early 20th century and was joined by Muslims and European Christians alike, has remained largely unexplored in the literature. Cairo, Rome, and Paris constituted the geographical points of convergence of this discourse; the Sufi teachings of Ibn al-ءArabi (d. 1240) provided its ideological core. Most participants sought to position Sufi values as a cultural bridge between East and West, although political considerations were also involved. This paper shows that far from being anachronistic or detached from reality, as some of its vociferous critics charged, Sufism remained a vital tradition well into modern times. Moreover, it engendered a lively debate within Western intellectual circles over the role of spirituality in modern life.

Religion and unemployment benefits

2017 ◽  
Vol 8 (1) ◽  
pp. 67-95 ◽  
Author(s):  
Katayoun Alidadi
Keyword(s):  
Great Britain ◽  
Case Law ◽  
Employment Law ◽  
Limited Attention ◽  
Reasonable Accommodation ◽  
Unemployment Benefits ◽  
Religious Minorities ◽  
Religious Dress ◽  
Role Of Religion

When employees are dismissed or resign because of a conflict between their religion and job duties or expectations, how does this affect their claims to unemployment benefits? How do European countries address this question? The answer has significant consequences for many jobseekers and employees belonging to religious minorities and in many ways excluded from the mainstream labour market, yet the role of religion in the adjudication of European unemployment disputes has so far received limited attention. This article focuses on the role of religious dress in unemployment benefits disputes in Belgium, the Netherlands and Great Britain. It also assesses whether the messaging in relevant case law in the area of unemployment benefits has been sufficiently interlocking with employment law. Finding a level of disconnect, it is argued that an explicit duty of reasonable accommodation in employment would appropriately address the interplay between unemployment benefits and employment law in Europe.

scholarly journals The Recognition of Customary Rights by Indonesian Constitutional Court

2021 ◽  
Vol 10 (3) ◽  
pp. 308
Author(s):  
. Rudy ◽  
Ryzal Perdana ◽  
Rudi Wijaya
Keyword(s):  
Legal Pluralism ◽  
Customary Law ◽  
Institutional Framework ◽  
Constitutional Court ◽  
Framework Analysis ◽  
Pluralistic Society ◽  
Sociological Approach ◽  
National People ◽  
Customary Rights

Formal law and customary rights never-ending contest have been a challenge for Indonesia in its effort to construct a modern nation. In this kind of battle, there are two conflicting values, the certainty of law versus harmonious value within society. However, the idea of constitutionalism can incorporate customary law as part of its fabric. Within the array of positivism and legal pluralism, the Indonesian Constitutional Court is trying to take leadership in the role of customary rights recognition. One of the legal standings that can put a petition to the constitutional court is a representative of the adat community as long as it still lives according to the values Indonesian State as required by legislation. The provision requires the existence of customary communities stipulated in a specific law. However, the required legislation is not stipulated yet in Indonesia, creating the institutional difficulty for The Constitutional Court upon accepting the customary rights case from specific adat communities. Given the limitation, this paper turns attention to how the Indonesian Constitutional Court deals with the recognition of customary rights as outlined in the Constitution. This study will attempt at answering this question by integrating the reading of Indonesia Constitutional Court judgments, the institutional framework analysis with a sociological approach through Indonesian Constitutional Court judges’ interviews. The study reveals one possible picture of how customary law and constitutionalism can co-exist in the same vision in Indonesia's pluralistic society.   This co-existence is not without risk of tension, but with the possibility of success under the name of constitutionalism order to protect, rather than neglect, the national people living on the plural law.   Received: 16 January 2021 / Accepted: 6 April 2021 / Published: 10 May 2021

scholarly journals The Role of Public Policy in the Formation of Religious and Secular Values: the Experience of Kazakhstan and Turkey

Al-Farabi ◽  
2021 ◽  
Vol 75 (3) ◽  
pp. 154-164
Author(s):  
A. Altaikyzy ◽  
◽  
A. Tasbolat ◽  
Keyword(s):  
Public Policy ◽  
State Policy ◽  
Public Organizations ◽  
Comprehensive Analysis ◽  
Religious Minorities ◽  
Turkish State

The authors of the research provide a comprehensive analysis of the role of state policy in the formation of religious and secular values. Scientists give various examples and evidence of the effectiveness of the Turkish model of religious and confessional policy for Kazakhstan. The article considers the problem of religious minorities in Kazakhstan and Turkey. Also the features of cooperation of the Turkish state and authorities with public organizations were analyzed and the possibilities of using the Turkish experience in the practice of Kazakhstan were considered.

scholarly journals Legal Pluralism and Science and Technology Studies: Exploring Sources of the Legal Pluriverse

2022 ◽  
pp. 016224392110696
Author(s):  
Bertram Turner ◽  
Melanie G. Wiber
Keyword(s):  
Science And Technology Studies ◽  
Special Section ◽  
Science And Technology ◽  
Legal Pluralism ◽  
Sole Source ◽  
Technological Transformation ◽  
Technology Studies ◽  
Global Modernity ◽  
Normative Order

In introducing the contributions to this special section, we explore the links between social and juridical concepts of normativity and science and technology. We follow the Legal Pluralism challenge to the notion of state law as the sole source of normative order and point to how technological transformation creates a pluralistic legal universe that takes on new shapes under conditions of globalization. We promote a science and technology studies (STS)-inspired reworking of Legal Pluralism and suggest expanding the portfolio of legally effective regimes of ordering to include the normativity generated by materiality and technology. This normativity is amply demonstrated in the case studies included in the papers which make up this special section. We conclude that the inclusion of approaches developed in STS research helps analytically to overcome what we view as an incomplete law project, one unable to deal with the technicized lifeworlds of a global modernity. The contributions to this special section illustrate that technomaterial change cannot be understood without recognition of the role of normative impacts, and conversely, the legal pluriverse cannot be understood without recognition of the normative role of techno-material arrangements.

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