Religion Law Commons^™

Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman

Faculty Publications

The twelfth article of faith declares, “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). On its face, this statement seems to be an unqualified acceptance of legal authority, one that would suggest that Latter-day Saints ought to shun civil disobedience. However, a closer look at Restoration scripture, teachings, and experience reveals a more complicated picture. To be sure, law-abidingness has long been central to the Saints’ identity, particularly in the twentieth and twenty-first centuries, and like the New Testament, Restoration scripture generally accepts the need to …

Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah

Indonesia Law Review

This study aims to examine the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia. The issue raised concerns opinions on or accusations of the Halal Product Guarantee Act of Indonesia reflecting authoritarianism and threatening human rights, specifically, religious beliefs. Furthermore, the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia states efforts to impose a single interpretation of the provisions in Islamic law. In this study, we investigate the validity of these allegations using a statute and conceptual approach. In this research, we determine that the claim of authoritarianism in the Halal Product Guarantee Law …

Legalization Of Waqf Forests In Indonesia: The Registration Process, Miftahul Jannah, Azila Ahmad Sarkawi, Jamilah Othman

Indonesia Law Review

Waqf (Islamic endowment) is considered one of the alternative solutions to environmental problems in Indonesia. One of the examples is through the establishment of a waqf forest, a conservation initiative in the form of developing forests on waqf land. The development of waqf forests needs to pay attention to the legal side in accordance with the laws and regulations of Indonesia. Previous studies discussed the process of legalizing waqf land in Indonesia, but research about the legalization of waqf forest land is still scarce. This study aims to determine the process of legalizing waqf forests on the basis of Indonesian …

Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan S. Chapman

Notre Dame Law Review

Americans have long debated whether the Establishment Clause permits the government to support education that includes religious instruction. Current doctrine permits states to do so by providing vouchers for private schools on a religiously neutral basis. Unlike most Establishment Clause doctrines, however, the Supreme Court did not build this one on a historical foundation. Rather, in cases from Everson v. Board of Education (1947) to Espinoza v. Montana Department of Revenue (2020), opponents of religious-school funding have claimed American history supports a strict rule of no-aid.

Yet the Court and scholars have largely ignored a practice that casts light on …

The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril

Northwestern Journal of Law & Social Policy

This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.

Despite …

Index Of Documents Related To Fr. Vincent A. Lipinski, Hall & Monagle, Llc

Records related to Fr. Vincent A. Lipinski

No abstract provided.

The Historical Origins Of Judicial Religious Exemptions, Stephanie H. Barclay

Notre Dame Law Review

The Supreme Court has recently expressed a renewed interest in the question of when the Free Exercise Clause requires exemptions from generally applicable laws. While scholars have vigorously debated what the historical evidence has to say about this question, the conventional wisdom holds that judicially created exemptions would have been a new or extraordinary means of protecting religious exercise—a sea change in the American approach to judicial review when compared to the English common law.

This Article, however, questions that assumption and looks at this question from a broader perspective. When one views judicial decisions through the lens of equitable …

Characteristics Of Trust (Waqf) In Islamic Law (Sharea’A), Khaireldeen Taleb

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The paper consists of an introduction and two chapters, namely, definition of Waqf in language and convention and characteristics of Islamic Waqf. In the introduction, the author studies the importance of Waqf. Furthermore, he surveys the literature review and introduces his methodology. In the first chapter of the paper, the author explains the meaning of the term “Waqf” and its legality in the Quran, Sunna, jurisprudential provisions, and scholars’ opinions. The second chapter provides an overview of the characteristics of Waqf, its importance, and its effect on the state as well as individuals. Among these characteristics are divinity, positivism, humanity, …

Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge

Political Science Faculty Books and Book Chapters

Multiple measures of religious freedom and states’ regulation of religion are at work in sociology of religion. These scales apply one score to a country or to a subset of its policies. A uniform state score conceals the internal religious diversity and the heterogeneous experiences of religious freedom that can result. These, in turn, encourage ecological fallacies and mask the disparate impact that religious freedom for one’s own community and for other groups can have on individuals’ preferences and decisions. To demonstrate the value of measuring and studying religious freedom at the individual level, this study applies individual-level assessments of …

Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna

New England Journal of Public Policy

This article examines Buddhist extremism in Myanmar. It argues that Buddhist extremism—like other types of religious extremism—is an acute form of fundamentalism. The article begins with a survey of how extremism is usually understood in the theoretical literature, showing that its religious variant is best conceived of as an acute form of fundamentalism. It then fine tunes this understanding, arguing that religious extremism is a fundamentalist belief system that justifies structural violence against relevant out-groups. The article outlines seven core characteristics of the religious extremist culled from the various theoretical approaches to extremism. It employs these seven characteristics to examine …

Divorce Muta’A Between Fiqh (Islamic Jurisprudence) And The Personal Status Laws (Presentation And Criticism), Abed Alhameed Kurdi Banyfadel

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The aim of this research is to clarify a fact stated in The Holy Qura'an. This fact is mainly about a right for people. Allah wisely mentioned several times in The Holy Qura'an that the divorcee must be awarded Muta'a (the amount of money that the man gives to the woman when the divorce occurs). However, some family laws did not address this right. Furthermore, people's rights which have been stated by Allah in the Holy Qura'an cannot be a subject to opinions. As it is widely known, no opinion can be accepted when there is a provision. In addition, …

Verification And Explanation Of The Prophetic Traditions (Hadiths) Of Kindness To Animals, Helmi Abed El- Hadi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research includes a collection of Hadiths (prophetic traditions) mentioned by Prophet Mohammad (Peace and blessings of Allah be upon him), in which he urged Muslims to deal kindly with the animals when Muslims use these animals for all purposes like riding, loading milking and even slaughtering them.

The researcher has also verified the authenticity, judged and explained all of these respective Hadiths in a wise way to show the greatness of Islam in dealing with animals; he was neither lengthy nor short. In fact, the greatness of Islam is clearly shown in dignifying these animals which, in turn, entails …

Kelvin Hangandu V Law Association Of Zambia Scz Judgment No. 36 Of 2014, O'Brien Kaaba, Judith Kamoko

SAIPAR Case Review

The appellant, Kelvin Hang’andu, had been a member of the Law Association of Zambia (LAZ) since 15 November, 1996, when he was admitted to the Bar. On 24 May 2003, he converted from the Catholic Church to the Seventh Day Adventist (SDA) Church, which considers Saturday as a sacred day set aside for worship and complete abstention from work and other activities unrelated to religious practice. The essence of the appellant’s complaint was that the LAZ held its annual general meetings on Saturday, which was a violation of his religious freedom and discriminatory. His protests to the LAZ yielded no …

State Regulation Of Religion: The Effect Of Religious Freedom On Muslims' Religiosity, Hannah M. Ridge

Political Science Faculty Articles and Research

Substantial scholarship argues that regulation of religion suppresses religiosity in a community by reducing individuals’ satisfaction with their religious experience. To date this research has assumed that regulations are enforced on and affect religious communities uniformly. It has also focused heavily on Western Christian populations and aggregated national data. We suggest that state regulation of religious communities and behaviours impacts citizens differently based on their affiliation. Using individual-level assessments of freedom and religiosity from Muslim-majority countries, we show that, at the individual level, restricting freedom suppresses religious belief and behaviour. Restrictions on religious minorities, however, can increase religiosity. As such, …

Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine

Scholarly Works

For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, …

"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade

Indiana Law Journal

Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …

Legal Scholars & Theologians Partner On An Ambitious Vision For Religious Liberty, Elizabeth Reiner Platt

Center for Gender & Sexuality Law

Oct. 6, 2020—To safeguard the right to religious freedom, the next presidential administration must end the hyper-surveillance of Muslims, welcome religious refugees, protect land sacred to Native communities, restore church-state separation, and withdraw policies that favor particular religious beliefs, argues a new report co-authored by the Law, Rights, and Religion Project at Columbia University (LRRP) and Auburn Seminary.

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …

With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace

BYU Law Review

No abstract provided.

Fruit Of The Poisonous Lemon Tree: How The Supreme Court Created Offended-Observer Standing, And Why It's Time For It To Go, Joseph C. Davis, Nicholas R. Reaves

Notre Dame Law Review Reflection

Can individuals who observe what they consider to be offensive government speech or conduct sue to stop it? Typically not—absent additional evidence of a direct and particularized injury. Yet in one area of the law, the fundamental requirements of Article III (limiting federal standing to actual “cases” or “controversies”) are relaxed: the Establishment Clause. At least ten circuits have held that the mere observation of a display containing religious content (the Ten Commandments, a cross, a menorah, and the like) on public property suffices to create an injury-in-fact that opens the doors to federal court.

This Essay addresses the continued …