Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Religion Law

2002

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 76

Full-Text Articles in Law

Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong Nov 2002

Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong

Faculty Publications

As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the …


Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri Oct 2002

Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri

Law Faculty Publications

It is best to understand Islam through its core concept,· adalah (justice). This is a complex concept that thoroughly permeates the Islamic worldview. It is not reducible to retributive justice, because it is a higher-order concept whose backbone is the Mizaan (balance and harmony).


Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia Sep 2002

Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia

Buffalo Women's Law Journal

No abstract provided.


Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie Sep 2002

Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie

Buffalo Public Interest Law Journal

No abstract provided.


The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt Sep 2002

The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt

Buffalo Human Rights Law Review

No abstract provided.


Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton Sep 2002

Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton

Nevada Law Journal

No abstract provided.


Biblical Law In America: Historical Perspectives And Potentials For Reform, John W. Welch Sep 2002

Biblical Law In America: Historical Perspectives And Potentials For Reform, John W. Welch

BYU Law Review

No abstract provided.


The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman Sep 2002

The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman

BYU Law Review

No abstract provided.


Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar Sep 2002

Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar

West Virginia Law Review

No abstract provided.


The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil Sep 2002

The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil

West Virginia Law Review

No abstract provided.


The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr. Jul 2002

The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.

Dr. Muhammad Munir

Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …


Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong Jul 2002

Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong

Faculty Publications

Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.


Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny May 2002

Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny

M. Cathleen Kaveny

This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …


Freedom Of Religion In Context, Guy Haarscher May 2002

Freedom Of Religion In Context, Guy Haarscher

BYU Law Review

No abstract provided.


Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria May 2002

Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria

BYU Law Review

No abstract provided.


Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic May 2002

Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic

BYU Law Review

No abstract provided.


Religious Freedom Issues In Hungary, Balazs Schanda May 2002

Religious Freedom Issues In Hungary, Balazs Schanda

BYU Law Review

No abstract provided.


Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez May 2002

Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez

BYU Law Review

No abstract provided.


Freedom Of Religious Association: The Right Of Religious Organizations To Obtain Legal Entity Status Under The European Convention, Lance S. Lehnhof May 2002

Freedom Of Religious Association: The Right Of Religious Organizations To Obtain Legal Entity Status Under The European Convention, Lance S. Lehnhof

BYU Law Review

No abstract provided.


Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan May 2002

Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan

BYU Law Review

No abstract provided.


The Evolution Of Religious Freedom As A Universal Human Right: Examining The Role Of The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Derek H. Davis May 2002

The Evolution Of Religious Freedom As A Universal Human Right: Examining The Role Of The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Derek H. Davis

BYU Law Review

No abstract provided.


Islamic Law And Ambivalent Scholarship, Khaled Abou El Fadl May 2002

Islamic Law And Ambivalent Scholarship, Khaled Abou El Fadl

Michigan Law Review

This book reminds me of the image of the arrogantly condescending and blustering tourist in Cairo who drifts into a store that has taken the trouble of prominently displaying the price of their commodities in nicely typed tags. Nevertheless, the tourist walks in, reads the price tag, and then proclaims, "Okay, what is the real price?" The poor store employee stares at him with incredulity, and simply repeats the price on the tag, and, in response, the tourist emits this knowing and smug smile as if saying, "I know you guys, you never mean what you say; everything in Arab …


The Attitude Of Belgian Authorities Toward New Religious Movements, Adelbert Denaux May 2002

The Attitude Of Belgian Authorities Toward New Religious Movements, Adelbert Denaux

BYU Law Review

No abstract provided.


Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith May 2002

Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith

BYU Law Review

No abstract provided.


The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada May 2002

The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada

BYU Law Review

No abstract provided.


Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen May 2002

Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen

BYU Law Review

No abstract provided.


Religion In Turkey, Niyazi Oktem May 2002

Religion In Turkey, Niyazi Oktem

BYU Law Review

No abstract provided.


Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky May 2002

Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky

BYU Law Review

No abstract provided.


How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey May 2002

How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey

BYU Law Review

No abstract provided.


"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman Apr 2002

"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman

All Faculty Scholarship

Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …