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Topic: Religious law

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In the News (Wed 24 Apr 19)

 [No title]
Viewing a religious organization as an association of citizens with a common creed and dissimulation of faith, then limiting these rights of citizens by territorial restrictions violates Article 28 of the RF Constitution, which guarantees to each the freedom of creed independent of their place of permanent or temporary residence.
Limitations on the rights of citizens to the formation of local religious organizations is a violation of the constitutional principle of the separation of religious organizations and the state, by which religious organizations are created and carry out their activities in accordance with their own hierarchical and institutional structures.
Requirements for religious organizations to present proof of being a part of a centralized structure limits formation of autonomous (independent from the center) religious organizations, which violates the right of religious organization to be formed and act in accordance with its own hierarchical and institutional structure, as defined in the very same Act (sec.
www.kcm.co.kr /russia/e_971001.html   (3254 words)

 SERBIA: No Dialogue On Religion Law?
Although the Serbian draft law on religious freedom has not yet been published, Vojislav Milovanovic, the Serbian religion minister, held a press conference in June to announce the main features of the new law (see KNS 17 July 2001).
A statement after the meeting reported that 'an initiative was put forward for dialogue on the religious law' and that a formal complaint had been sent to the Serbian parliament, government, religion minister and the public at home and abroad.
Religious communities which have already signed the initiative expressed their deep concern over human rights and religious freedom issues, 'as well as the forthcoming regulations concerning religious freedom', declared the document, passed to Keston by the Seventh Day Adventists' Yugoslav headquarters in Belgrade.
www.starlightsite.co.uk /keston/kns/2001/010925SE.htm   (887 words)

 [No title]
To this end, an employee should tell his or her employer about the religious commitment at the time the job is accepted or immediately upon becoming observant if he or she becomes more observant while employed.
Employees do not have to justify or prove anything about their religious belief to the employer (for example, the employee need not provide a note from clergy): an employer is required to accommodate — subject to the undue hardship rule — any of the employee’s religious beliefs.
Title VII protects all “sincerely held religious beliefs.” The law’s intention is to provide protection and accommodation for a broad spectrum of religious practices and belief — not merely those beliefs based upon organized or recognized teachings of a particular religion.
www.adl.org /religious_freedom/resource_kit/religion_workplace.asp   (1385 words)

 TSLL -- v. 25, no. 1 -- September 1999 -- Subject Headings
It was widely assumed that “modern” secular law would replace ethnic, religious, and customary law throughout Africa and Asia, so that “religious” law would increasingly be a subject for a few specialists and antiquarians rather than mainstream legal scholars.
Those canon law principles were adopted, with modifications, into the current “secular” domestic relations law applicable to all persons, though it is still very obviously based on the 18th century English canon law.
In many Afro-Asian countries, each ethnic and religious group is expected to be governed by their own domestic relations law (i.e., the religious or ethnic or tribal law is the law of the country for any given individual).
www.aallnet.org /sis/tssis/tsll/25-01/subjhead.htm   (1334 words)

 I applaud the end of government enforced religious law - Reader comments at DanielPipes.org
For examples, besides the extreme problems of Islamic sharia, even Jewish halakhah and Catholic canon law frequently assault the authority of women and the equality of homosexuals, and promote nondemocratic, totalitarian, and dictatorial organizational structures.
Secular law that vigorously enforces the freedom of spirituality for everyone is better.
Religious law that enforces the freedom of spirituality is best.
www.danielpipes.org /comments/26369   (483 words)

 Israel's Discriminatory Practices Are Rooted in Jewish Religious Law
All too clearly the enforcement of such laws in the State of Israel is irremediable unless the religion is separated from the state.
The secular Jews should not fall prey to an indoctrination presenting "the Jewish morality" as supposedly enshrined in Jewish religious law, or extolling compatibility between the norms of historical Judaism and modern democracy.
Plenty of such laws exist, but since only the attorney general has the right to charge people who seemingly contravene them, they are almost always applied against the Arabs and hardly ever against the Jews.
www.wrmea.com /backissues/0795/9507018.htm   (2217 words)

 PAKISTAN: Bill to Save Women From Religious Law Flounders
The bill had called for amendments in some of the religious ‘Hudood Ordinances' to protect women from the miscarriage of justice of the two controversial laws of Zina (adultery) and Qazf (false accusations of adultery).
It amended the Qazf law by providing that if any complaint of zina is not supported by four eye-witness testimonies or if the person charged is acquitted, then the complainants would be automatically punished for making false accusations.
Another demand is to interpret and apply the laws of zina and rape based on the interpretation of Quran and Sunnah.
www.ipsnews.net /news.asp?idnews=34796   (1328 words)

 Tolerance in Islam
All of Pickthall’s eight lectures draw upon his vast knowledge of Islamic history, the Western religious, political and intellectual history through the ages, and their reasons for rise and fall.
It was not until the Western nations broke away from their religious law that they became more tolerant, and it was only when the Muslims fell away from their religious law that they declined in tolerance and other evidences of the highest culture.
The various sects of Christians were represented in the Council of the Empire by their patriarchs, on the provincial and district council by their bishops, in the village council by their priests, whose word was always taken without question on things which were the sole concern of their community.
cyberistan.org /islamic/toleran1.html   (2568 words)

  Law.com - Faith and Law: Collision Course?
Rudenstine said that America's law schools have a social responsibility, especially at a time of religious fundamentalism, to foster reasoned debate over the facts and science of such controversial matters.
Many other secular law schools in New York state and elsewhere in the country are similarly affiliated with religious universities or universities first established in accordance with religious precepts.
In recent years, two conservative Roman Catholic law schools have been established -- Ave Maria School of Law in Ann Arbor, Mich., and the University of St. Thomas School of Law in Minneapolis, Minn. -- and have gained provisional accreditation by the American Bar Association.
www.law.com /jsp/article.jsp?id=1119875749550   (960 words)

  NPR : Religious Schools Train Lawyers for Culture Wars
Third, of course, the greatest religious growth in this country has been from the faiths that demand the most of their members, and religious colleges are catering to that group.
At religious colleges, students by and large seem to think their parents brought them up pretty well, and they're in college because God wants them to develop their intellect.
Religious campuses are generally a little more transparent about what is and is not within the realm of reasonable discussion, though.
www.npr.org /templates/story/story.php?storyId=4632072   (2165 words)

  Jewish Law - Legal Briefs ("Becher v. Becher")
Assume hypothetically, for example, that the religious ceremony that the parties chose required the husband to give the wife a wedding band and that under the rules of the faith by which the marriage was solemnized, the bond of marriage continues until the wife physically returns the wedding band.
Since the parties chose to be married pursuant to religious law, the State of New York may take measures to prevent one party to the marriage from exploiting and misusing religious law to undercut the secular civil dissolution of the marriage (and the attendant right to remarry) that is accomplished by judicial decree.
Religious law is the tail wagged by the dog -- secular divorce law -- and it is relevant only because religious law may be exploited in these circumstances to prevent the civil divorce from being effective or to enable one spouse to extort money from the other.
www.jlaw.com /Briefs/bvb.html   (4197 words)

 The Bible As Law
Redemption law is inherently religious, because it pertains to matters of the heart and mind and those acts which are governed exclusively by the law of love.
To some extent, the law of religious tests presents a dilemma for those who maintain either that a biblical perspective of law is inherently religious, or that the Bible is a book which speaks exclusively to religious and sectarian matters.
Whether the religious laws of the Bible are a proper basis for civil laws today raises the question of whether the United States is, or should be, a theocracy or have an established religion.
www.lonang.com /foundation/1/f1G.htm   (2166 words)

The supreme law of the United States of America is the Constitution for the United States of America and all citizens at both the state and federal level are bound to its authority.
Religious institutions are established by private citizens and are to fund themselves without aid from government, and no action is to be authorized by Congress which would create an exception to the American principle that religious establishments are to be distinguished from public establishments.
Religious establishments are to exist completely without the support of government in terms of their opinions or activities as allowed by civil laws which apply equally to all organizations.
www.sunnetworks.net /~ggarman/civillaw.html   (1592 words)

 Dharma, Ahmisa, and Religious Law -- Rev. Brad Carrier
Mostly, we obey these laws, either because we agree to obey laws crafted in a free society, or because we also agree to the ethics on which they are based, or because we don’t want the trouble of dealing with police and courts.
Law that comes from scripture, tradition and papal decree, as in the Catholic realm, is not the law I want to consider.
Law that claims to know the punishment and reward system of heaven and hell or its earthly counterparts is not what I mean by religious law.
www.uufco.org /id31.html   (1884 words)

 Jewish Religious Law
His interpretation of the Torah of Moses was critical, and in his view, Jewish law and rabbinical jurisdiction had lapsed with the destruction of the Jewish state in 70 C.E. Thus, according to his theory, contemporary Jewish courts should no longer enforce obedience to Jewish law against the members of their community.
Jewish law is moreover a form of thanksgiving for the redemption from the Egyptian exile (and subsequent calamities), a recognition of Israel's meaning as a people under God, and a catalogue of opportunities for communication with the divine.
In Jewish law, the controversies between the Schools of Hillel and Shammai were resolved by the assumption that both were the word of God, and a modus vivendi was found to permit communion in spite of diversity.
www.juedisches-recht.de /rechtsgeschichte-jewish-religious-law.htm   (7515 words)

 Religious Freedom Page   (Site not responding. Last check: )
However, the status of religious organizations is governed by the 1874 "Law on Recognition" of churches and by a January law establishing the status of "confessional communities." Officially, 75.3 percent of the populace is Roman Catholic, and there are 11 other recognized religious organizations.
Religious recognition under the 1874 law has wide- ranging implications, e.g., the authority to participate in the state-collected religious taxation program, to engage in religious education, and to import religious workers to act as ministers, missionaries, or teachers.
The new law also sets out additional criteria for eventual recognition according to the 1874 law, such as a 20-year observation period (at least 10 of which must be as a group organized as a confessional community under the new law) and membership equaling at least two one- thousandths of the Austrian population.
religiousfreedom.lib.virginia.edu /nationprofiles/Austria/status.html   (690 words)

 Schacht. Law and Justice
The law was magical in so far as the rules of investigation and evidence were dominated by sacral procedures, such as divination, oath, and curse; and it was profane in so far as even penal law was reduced to questions of compensation and payment.
Their main concern, it is true, was not with religion and religious law, but with political administration, and here they represented the centralizing and increasingly bureaucratic tendency of an orderly adrninistration as against bedouin individualism and the anarchy of the Arab way of life.
He was endowed with the attributes of a religious scholar and lawyer, bound to the sacred law in the same way as qadis were bound to it, and given the same right to the exercise of personal opinion as was admitted by the schools of law.
www.fordham.edu /halsall/med/schacht.html   (9323 words)

 Punishment for adultery in Islam
A woman, Jamila, was found guilty of trying to leave the country with such a man. She was caught and stoned to death on 1996-MAR-28.
They ruled that the alleged act had taken place before Sharia law was activated in the province, and adultery became a criminal offence.
She appealed the conviction, on the basis that the offence occurred before Sharia law came into effect.
www.religioustolerance.org /isl_adul1.htm   (1845 words)

 Customary and religious law
The aims of customary and religious law project are (a) to generate information to develop understanding of customary law in practice - the "living customary law", and (b) to analyse the law with the aim of bringing it in line with the Bill of Rights.
We work with an important distinction between the 'living' customary law (customary practices of the communities that lead their lives in accordance with customary law) and the customary law entrenched in law books and legislation enacted by governments that were in power before the democratic era.
At the request of the Rural Women's Movement, a lengthy argument in support of the repeal of a law that states that fl women married in customary law are minors subject to the guardianship of their husbands was prepared and forwarded to the Department of Justice followed by the one to Home Affairs.
www.law.wits.ac.za /cals/gender/custreliglaw.htm   (1235 words)

 Robbins Collection: Overview of the Collection
The ecclesiastical law holdings are not limited to the Roman church.
The Islamic law section is an integral part of the religious law collection, and as such will benefit from the future development of the Robbins Collection as a whole.
The Islamic law section contains codes, sources, and summaries of schools of Islamic law that were compiled and printed by European colonial offices to assist their administration of Muslim territories, especially India, North Africa, and Indonesia.
www.law.berkeley.edu /library/robbins/religious_law.html   (568 words)

Religious courts organised at two levels: first instance in each district and appellate courts in all provinces; have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony.
Religious courts have limited or special jurisdiction and secular courts have general jurisdiction; competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Dutch-derived civil law or local ‘adat.
Religious courts are organised at two levels: courts of first instance in each district and appellate courts in all provinces (approximately 300 and 25, respectively; figures as of mid-1990s) and have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony.
www.law.emory.edu /IFL/legal/indonesia.htm   (2289 words)

 ICRF Religious Freedom in the US
One major attack on religious freedom which should be noted is the attempt by enemies of new religious movements to label all such groups as “cults,” and to pass various laws to deprive members of new religious movements of their constitutional rights under the First Amendment.
As numerous religious leaders denounced the efforts of “anti-cultists” to promote religious bigotry and subvert the First Amendment, and “deprogrammers” were inceasingly convicted of kidnapping and other crimes, the "anti-cult" movement changed their tactics.
Groups which generally testify to protect religious freedom were not aware of the existence of the measure until the end of the session after the bill had been approved by committee and was going to the Senate for a final vote.
www.religiousfreedom.com /wrpt/USrpt.htm   (3205 words)

 Israel, State of
The Age of Marriage Law also provides contracting of marriage of girl under 17 years as grounds for requesting a dissolution before the wife attains 19 years (or at the request of the wife’s guardian or a welfare officer before she attains 18 years).
The Israeli reservation states that, other than in the area of religious courts, the article has been fully implemented in Israel, and that the reservation concerns the inadmissibility of appointing women judges in religious courts where this is prohibited by the communal laws applicable to a particular community.
Israel also expresses its reservation to Article 16 on gender equality in family law "to the extent that the laws on personal status which are binding on the various religious communities in Israel do not conform with the provisions of that article".
www.law.emory.edu /IFL/legal/israel.htm   (1945 words)

 GlobaLex - Religious Legal Systems: A Brief Guide to Research and Its Role in Comparative Law
Religious law emanates from the sacred texts of religious traditions and in most cases purports to cover all aspects of life as a seamless part of devotional obligations to a transcendent, imminent, or deep philosophical reality, either personal or cosmological.
It is clear that in areas of private law such as family law, inheritance, and in come commercial transactions, several religious systems influence secular law or are incorporated as a regime which may or must be applied in those areas or to members of certain religious communities.
Wijeyeratne, Roshan De Silva., Law and The Sacred: The Silent Echo of the Law Phenomenology and the Cosmology of Buddhism, 5 Law/Text/Culture 319 (2000).
www.nyulawglobal.org /globalex/Religious_Legal_Systems.htm   (5167 words)

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