Islam in Europe delves into the daily routines of European Muslim communities in order to provide a better understanding of what it means to be a European Muslim today. Instead of positing particular definitions of being Muslim, this volume invites and encourages a diverse body of 735 informants from Belgium, France, Germany, the Netherlands and the UK to reflect on who they are and on the meaning and place Islam has in such considerations. Drawing upon extensive fieldwork and suggesting novel ways of seeing the phenomenon of European Islam and the continent's Muslim communities, Islam in Europe examines how through their practices, discourses, face to face and mediated interaction, European Muslims construct notions or identity, agency, solidarity and belonging, or how they negotiate and redefine religion, tradition, authority and cultural authenticity. Theoretically and methodologically innovative, Islam in Europe makes a significant contribution to better understanding European Islam and Europe's Muslims.

The Protections for Religious Rights is the first practitioner work to offer a full and systematic treatment of the law as it pertains to religious rights in the UK and abroad. A practical working aid to a sensitive and important area of increasing litigation and public debate, this text examines the applicable legal instruments, considers the current state of the law, and reviews domestic, comparative, and international case law to provide a comprehensive reference resource that informs on all matters of significance in this area. The protections for religious rights in the UK are rooted in international law and the English common law. Religious conflicts have arisen when communities have perceived that their religious rights have been targeted for suppression, or ignored. Despite international human rights instruments which are intended to protect such rights, many courts have adopted a narrow and restrictive approach towards these aspects. With practical evaluations of the relevant international instruments which inform domestic law in the UK, the important substantive areas of employment, education, family, and goods and services, are addressed specifically in dedicated chapters. Comparative perspectives are also considered in an extensive chapter offering global treatment of legislation and authorities, drawing on expertise from the United States, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey. Other areas where protections for religious rights are engaged are addressed in a final chapter - including coverage of places of worship, criminal law, planning, charitable status, prisons, immigration, and animal rights - making this text a complete resource for all concerned or interested in this area of law. The text includes an appendix of selected materials for easy reference to relevant extracts from international treaties, constitutions and domestic statutes.

Black Muslims and the Law: Civil Liberties From Elijah Muhammad to Muhammad Ali examines the Nation of Islam's quest for civil liberties as what might arguably be called the inaugural and first sustained challenge to the suppression of religious freedom in African American legal history. Borrowing insights from A. Leon Higgonbotham Jr.'s classic works on American slavery jurisprudence, Black Muslims and the Law reveals the Nation of Islam's strategic efforts to engage governmental officials from a position of power, and suggests the federal executive, congressmen, judges, lawyers, law enforcement officials, prison administrators, state governments, and African American civic leaders held a common understanding of what it meant to be and not to be African American and religious in the period between World War II and the Vietnam War. The work raises basic questions about the rights of African descended people to define god, question white moral authority, and critique the moral legitimacy of American war efforts according to their own beliefs and standards.

This book is a unique collection of alternative Muslim voices, predominantly from Europe, who come from a variety backgrounds--academia, theology, acting, activism--and who make a transformational contribution to the debate of the future of Islam and Muslims in the West. They are a selection, representing the silent majority voices many in the West so desperately want to hear.Contributors are based in a variety of European and American cities, mainly in areas where there are large number of Muslim immigrant populations. Some discuss theological issues, while others talk about their personal struggles of being a Muslim in a non-Muslim setting and hearing conflicting messages about how one is supposed to behave as a "true Muslim." They come from different ethnicities and different social and academic backgrounds.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

In the landmark case City of Boerne v. Flores, the Supreme Court struck down a major federal statute - the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers the first book-length analysis of the constitutional jurisprudence involved in the passage of the act. Congress, the Supreme Court, and Religious Liberty shows how this case and others like it stimulated and advanced an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?

Recent revelations about government surveillance of citizens have led to questions about whether there should be better defined boundaries around privacy. Should government officials have the right to specifically target certain groups for extended surveillance? United States municipal, territorial, and federal agencies have investigated religious groups since the nineteenth century. While critics of contemporary mass surveillance tend to invoke the infringement of privacy, the mutual protection of religion and public expression by the First Amendment positions them, along with religious expression, comfortably within in the public sphere. This book analyzes government monitoring of Mormons of the Territory of Utah in the 1870s and 1880s for polygamy, Quakers of the American Friends Service Committee (AFSC) from the 1940s to the 1960s for communist infiltration, and Muslims of Brooklyn, New York, from 2002 to 2013 for suspected terrorism. Government agencies in these case studies attempted to understand how their religious beliefs might shape their actions in the public sphere. It follows that government agents did not just observe these communities, but they probed precisely what constituted religion itself alongside shifting legal and political definitions relative to their respective time periods. Together, these case studies form a new framework for discussions of the historical and contemporary monitoring of religion. They show that government surveillance is less predictable and monolithic than we might assume. Therefore, this book will be of great interest to scholars of United States religion, history, and politics, as well as surveillance and communication studies.

Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laicite, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 2004

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

In the wake of same-sex marriage legalization, most religious conservatives realize that they now share a minority viewpoint on many social issues. Such change has forced those formerly trying to forestall social evolution to instead seek legal recusal from engaging in matters that conflict with their religious beliefs. Not surprisingly, these recent legislative attempts to "affirm" religious free expression all focus upon the rights of the religious adherent, while mostly failing to consider the potential harm to third parties. In the provision of government services, this omission can do significant, lasting damage to public perceptions of administrative legitimacy-often already perilously maligned. Should government officials be legally obligated to grant their employees religious accommodations that they know will result in negative public perceptions, or worse, inflict dignitary harm among citizens seeking its services? This book draws attention to the threat to effective government that proposed expansions to religious accommodation laws can create. From damaging public opinion, to the myriad implementation concerns such as what even constitutes a religious belief to be accommodated, these challenges should serve as a warning to legislators and religious accommodation advocates to reconsider application of these enhanced obligations to the civil service.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.

In this book Kerry O'Halloran analyses a subject of international interest - religion - and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies - nationally and internationally - are contributing to religion's currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes - such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion - and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

Looking beyond exclusively state-oriented solutions to the management of religious diversity, this book explores ways of fostering respectful, non-violent and welcoming social relations among religious communities. It examines the question of how to balance religious diversity, individual rights and freedoms with a common national identity and moral consensus. The essays discuss the interface between state and civil society in 'secular' countries and look at case studies from the the West and India. They study themes such as religious education, religious diversity, pluralism, inter-religious relations and exchanges, dalits and religion, and issues arising from the lived experience of religious diversity in various countries. The volume asserts that if religious violence crosses borders, so do ideas about how to live together peacefully, theological reflection on pluralism, and lived practices of friendship across the boundaries of religious identity-groupings. Bringing together interdisciplinary scholarship from across the world, the book will interest scholars and students of philosophy, religious studies, political science, sociology and history.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.

In The Crisis of Religious Liberty: Reflections from Law, History, and Catholic Social Thought, contributors consider a series of significant challenges to the freedom of religious conscience and expression in the United States today. Such challenges include the mandate from the U.S. Department of Health and Human Services concerning contraceptive, sterilization, and abortifacient coverage in health insurance plans; the question of health-care institutions requiring medical personnel to participate in morally objectionable procedures contrary to their religious beliefs; legal liability for individuals and businesses refusing on religious grounds to provide services for same-sex marriages; the prohibition on students from engaging in religious expression in public schools; the use of zoning laws to block Bible studies in private homes; and a variety of other issues that have surfaced in recent years with respect to religious freedom. While some argues that religious liberty extends no further than the freedom to worship, contributors suggest otherwise, noting that the exercise of religious liberty is greater than a highly restrictive definition of the notion of worship. The Crisis of Religious Liberty comprises eight chapters and an afterword that explore the nature and basis of religious freedom in terms of Catholic social thought. They cover such topics as the Catholic Church's teachings from the Vatican II's Dignatis Humanae (Declaration on Religious Liberty), the decline of a historic rapprochement among different religious perspectives in the United States in the face of an increasingly aggressive secularism, perspectives on religious liberty from the founding of America, and how the religious liberty situation in the U.S. compares with the rest of the world. The Crisis of Religious Liberty: Reflections from Law, History, and Catholic Social Thought should appeal to a variety of professionals as well as a scholars: lawyers and clergy, health care professionals and Catholic business owners, and researchers in the fields of religion, law, American politics, and sociology.

Throughout its history the Catholic Church has taken positions on many subjects that are in one sense political, but in another sense are primarily moral, such as contraception, homosexuality, and divorce. One such issue, abortion, has split not only the United States, but Catholics as well. Catholics had to confront these issues within the framework of a democratic society that had no official religion. Abortion, Religious Freedom, and Catholic Politics is a study of opposing American Catholic approaches to abortion, especially in terms of laws and government policies. After the ruling of Roe vs. Wade, many pro-life advocates no longer felt their sentiments and moral code aligned with Democrats. For the first time, Catholics, as an entire group, became involved in U.S. politics. Abortion became one of the principal points of division in American Catholicism: a widening split between liberal Catholic Democrats who sought to minimize the issue and other Catholics, many of them politically liberal, whose pro-life commitments caused them to support Republicans. James Hitchcock discusses the 2016 presidential campaign and how it altered an already changed political landscape. He also examines the Affordable Care Act, LGBT rights, and the questions they raise about religious liberty.

Throughout its history the Catholic Church has taken positions on many subjects that are in one sense political, but in another sense are primarily moral, such as contraception, homosexuality, and divorce. One such issue, abortion, has split not only the United States, but Catholics as well. Catholics had to confront these issues within the framework of a democratic society that had no official religion. Abortion, Religious Freedom, and Catholic Politics is a study of opposing American Catholic approaches to abortion, especially in terms of laws and government policies. After the ruling of Roe vs. Wade, many pro-life advocates no longer felt their sentiments and moral code aligned with Democrats. For the first time, Catholics, as an entire group, became involved in U.S. politics. Abortion became one of the principal points of division in American Catholicism: a widening split between liberal Catholic Democrats who sought to minimize the issue and other Catholics, many of them politically liberal, whose pro-life commitments caused them to support Republicans. James Hitchcock discusses the 2016 presidential campaign and how it altered an already changed political landscape. He also examines the Affordable Care Act, LGBT rights, and the questions they raise about religious liberty.

Faith-based organizations play a major role in providing a host of health, educational, and social services to the public. Nearly all these efforts, however, have been accompanied by intense debate and numerous legal challenges. The right of faith-based organizations to hire based on religion, the presence of religious symbols and icons in rooms where government-subsidized services are provided, and the enforcement of gay civil rights to which some faith-based organizations object all continue to be subjects of intense debate and numerous court cases. In Pluralism and Freedom, Stephen V. Monsma explores the question of how much autonomy should faith-based organizations retain when they enter the public realm? He contends that pluralism and freedom demand their religious freedom be respected, but that freedom of all religious traditions and of the general public and secular groups be equally respected, ideals that neither the left nor the right live up to. In response, Monsma argues that democratic pluralism requires a genuine, authenticOCobut also a limitedOCoautonomy for faith-based organizations providing public services, and offers practical, concrete public policy applications of this framework in practice.

The response of states to demands for free exercise of religion or belief varies greatly across the world. In some places, religions come as close as imaginable to autonomous existences with little interference from government. In other cases religion finds itself grinding out a meagre living, if at all, under the jealously watchful eye of the state. This book provides a legal and normative overview of the variety of responses to minority religions available to states. Exploring case studies ranging from Islamic regions such as Indonesia, Pakistan, and the wider Middle East, to Western Europe, Eastern Europe, China, Russia, Canada, and the Baltics, contributors include international scholars and experts in law, sociology, religious studies, and political science. This book offers invaluable perspectives on how minority religions are currently being received, reviewed, challenged, or ignored in different parts of the world.

Advocacy for religious freedom has become a global project while religion, and the management of religion, has become of increasing interest to scholars across a wider range of disciplines. Rather than adopting the common assumption that religious freedom is simply incompletely realized, the authors in this book suggest that the starting point for understanding religion in public life today should be religious establishment. In the hyper-globalized world of the politics of religious freedom today, a focus on establishments brings into view the cultural assumptions, cosmologies, anthropologies, and institutions which structure religion and religious diversity. Leading international scholars from a diverse range of disciplines explore how countries today live with religious difference and consider how considering establishments reveals the limitations of universal, multicultural, and interfaith models of religious freedom. Examining the various forms religion takes in Tunisia, Canada, Taiwan, South Africa, and the USA, amongst others, this book argues that legal protections for religious freedom can only be understood in a context of socially and culturally specific constraints.

The response of states to demands for free exercise of religion or belief varies greatly across the world. In some places, religions come as close as imaginable to autonomous existences with little interference from government. In other cases religion finds itself grinding out a meagre living, if at all, under the jealously watchful eye of the state. This book provides a legal and normative overview of the variety of responses to minority religions available to states. Exploring case studies ranging from Islamic regions such as Indonesia, Pakistan, and the wider Middle East, to Western Europe, Eastern Europe, China, Russia, Canada, and the Baltics, contributors include international scholars and experts in law, sociology, religious studies, and political science. This book offers invaluable perspectives on how minority religions are currently being received, reviewed, challenged, or ignored in different parts of the world.

With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other's concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book's thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.