Religious Freedom under the Personal Law System

Ahmed, Farrah

doi:10.1093/acprof:oso/9780199458066.001.0001

Cited by 9 publications

(14 citation statements)

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“…62 They may argue that the communal and social aspects of religions do not, correctly understood, sit uneasily with autonomy; they could in fact enhance autonomy. 63 The rest of this paper will argue that, regardless of the position taken on these difficult and contentious issues, the juxtaposition of autonomy with religious freedom jurisprudence demonstrates that the autonomy rationale does not support the protection currently offered to religious beliefs, practices and proselytism by the right to religious freedom. The next section will demonstrate, in particular, that autonomy does not support the protection offered to religious beliefs that are resistant to revision.…”

Section: Autonomy In Religious Freedom Jurisprudencementioning

confidence: 94%

The Autonomy Rationale for Religious Freedom

Ahmed

2017

Modern Law Review

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Courts and scholars across jurisdictions increasingly identify personal autonomy as the primary rationale for the right to religious freedom. But there are tensions between autonomy on one hand, and religious belief, practice and proselytism on the other. This paper will focus on two tensions which have unappreciated implications for religious freedom jurisprudence, particularly that of the ECHR. The first tension stems from the resistance of some religious beliefs to revision. The second stems from the manipulative nature of some modes of religious proselytism. This paper argues that, given these tensions, the protection currently offered to religious beliefs, practices and proselytism by the right to religious freedom cannot be justified by reference to the value of autonomy. This finding has significant implications for the justification of the right to religious freedom.

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Section: Autonomy In Religious Freedom Jurisprudencementioning

confidence: 94%

The Autonomy Rationale for Religious Freedom

Ahmed

2017

Modern Law Review

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“…Indian law regulates certain family matters, including marriage, divorce, adoption and succession, through the application of 'personal laws' to people identified as belonging to particular religious groups. 240 Personal laws vary across religious groups, but are often gender-differentiated. 241 They derive from diverse sources, including religious texts and their commentaries, case law interpreting religious doctrine, and statutes that either codify personal laws or affect situations in which personal law will apply.…”

Section: Personal Law and Alternative Dispute Resolution Bodiesmentioning

confidence: 99%

A Brief Introduction to the Indian Judicial System and Court Hierarchy

Kozlovski¹

2019

ALC Briefing Paper Series

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The ALC Briefing Paper Series is edited by Professor Sarah Biddulph. It aims to increase understanding of current legal issues arising in the legal systems of Asian countries. They can be downloaded without charge from law.unimelb.edu.au/centres/alc/research/publications/alcbriefing-paper-series ASIAN LAW CENTRE The Asian Law Centre, located in the Melbourne Law School, commenced activities in 1985 and is the first and largest centre devoted to the development of our understanding of Asian law and legal systems. The Centre has pioneered extensive programs of teaching and research on the laws and legal systems of Japan,

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“…Segmented personal status laws are by no means unique to Malaysia. Roughly one‐third of all countries have plural family law arrangements (Sezgin 2013: 3; Ahmed ) and anecdotal evidence from across a range of countries suggests that these legal configurations invite judicialization.…”

Section: Towards a Theory Of The Judicialization Of Religionmentioning

confidence: 99%

The Judicialization of Religion

Moustafa

2018

Law Soc Rev

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Throughout the second half of the twentieth century, one Muslim-majority country after another adopted constitutional provisions meant to incorporate Islam into the legal order. In what is now a familiar pattern, leaders sought to harness the legitimating power of Islamic symbolism. But rather than shore up state legitimacy, these provisions opened new avenues of contestation. In countries where judicial institutions are robust, religion of the state clauses have helped to catalyze a "judicialization of religion," wherein courts were made to authorize an "official" religion and/or render judgment on the appropriate place for religion in the political order. This study theorizes one aspect of the judicialization of religion through the illustrative case study of Malaysia. The study examines how shifting political context provided opportunities for activist lawyers to advance sweeping new interpretations of Malaysia's Religion of the Federation clause and, with it, a new vision for state and society.

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Religious Freedom under the Personal Law System

Cited by 9 publications

References 0 publications

The Autonomy Rationale for Religious Freedom

The Autonomy Rationale for Religious Freedom

A Brief Introduction to the Indian Judicial System and Court Hierarchy

The Judicialization of Religion

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