THE RIGHT TO RITUAL SLAUGHTER IN AFRICA: A COMPARATIVE CONSTITUTIONAL ANALYSIS

2017 ◽  
Vol 32 (3) ◽  
pp. 470-490 ◽  
Author(s):  
Enyinna S. Nwauche
Keyword(s):  
Animal Welfare ◽  
Religious Practice ◽  
Freedom Of Religion ◽  
Traditional Religion ◽  
African Countries ◽  
Public Interests ◽  
Constitutional Development ◽  
The Right ◽  
Role Of Religion

AbstractUsing examples of ritual slaughter recognized by different religions in Africa, this paper examines the regulated and unregulated exercise of the right to ritual slaughter as a manifestation of the right to freedom of religion in three constitutional traditions in Africa.This article commences with an evaluation of the existence of the right to ritual slaughter either as a freestanding right or a derivative right from the right to freedom of religion in the bills of rights of African constitutions. The article argues that the ritual slaughter at this stage of constitutional development in Africa is at best a derivative right partly anchored on the communal dimensions of the right to freedom of religion. The article closely examines the bearers and content of the right to ritual slaughter through a brief overview of the practices of ritual slaughter recognized by African traditional religion and Islam. In addition, the syncretic nature of religious practice in Africa identified as the multiple or concurrent witness to different faiths is also considered to provide a realistic account of ritual slaughter in Africa.Since the right to ritual slaughter is identified as a derivative right from the right to freedom of religion, the article examines different constitutional traditions in Africa to determine how religion is conceived in constitutional governance that in turn affects the feasibility of the right to ritual slaughter within constitutional designs and capacity of other public interests such as animal welfare to limit the exercise of the right to ritual slaughter.Three constitutional designs of the role of religion in constitutional governance are identified in this regard. The article concludes on a number of points, including the recognition of the importance of the articulation of the human rights that underpin animal welfare concerns and the fact that a regulated right to ritual slaughter appears feasible in a number of African countries.

scholarly journals CONTEXTUALISING ISLAMIC LAWS

2018 ◽  
Vol 13 (2) ◽  
pp. 313-338
Author(s):  
Moh. Dahlan
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Religious Life ◽  
Economic Reforms ◽  
Freedom Of Religion ◽  
Economic Welfare ◽  
Economic Aspects ◽  
Role Of Religion ◽  
New Criteria

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of Jasser Audah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i al-dlilalah and dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on (a) the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms (al-ishlâh al-mâlî wa al-iqtishâdî); (b) protection of freedom of thought (hurriyah al-tafkîr) and freedom of religion (hurriyah al-i’tiqâd) is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety.

scholarly journals The Concept of Politics in Semitic Religions

2017 ◽  
pp. 109-129
Author(s):  
Mr. Sami Ullah ◽  
Mr. Muhammad Jamsheed
Keyword(s):  
Religion And Politics ◽  
The West ◽  
Politics And Religion ◽  
Thought Pattern ◽  
The Right ◽  
Role Of Religion ◽  
The Doors

There is a thought pattern rampant in the west that there is no concept of politics in Divine Religions and this thought is continuously been propagated and given strength. Politics and religion are two different things and this view has seriously kept apart from religion and politics for centuries distorting the role of religion. Consequently this misconception has opened the doors for oppression and exploitation. It is therefore, necessary to dismiss this misconception and set the records straight. The purpose of this article is to present the right concept of politics in divine religions. The article further explains the relation between religion and politics in the light of Qur’an and Sunn’ah. Keywords: Qur’an, Politics, Ibn e Khuldun, Semitic, Christianity

African Traditional Religion and Violence

2013 ◽  
Author(s):  
Nathalie Wlodarczyk
Keyword(s):  
Traditional Religion ◽  
News Stories ◽  
Lord's Resistance Army ◽  
The People ◽  
Wide Range ◽  
Ritual Sacrifice ◽  
Spirit World ◽  
African Traditional Religion ◽  
Role Of Religion

This chapter analyzes a wide range of African customs and legends. It demonstrates that African traditional religion offers notions of a thriving spirit world which provides “sacred warriors” ritualized protections and martial enhancements when defense of community is urgent. African traditional religion remains primarily an African phenomenon and, as a result, is tightly associated with the cultures and realities of the continent. The role of religion in motivating violence and its role in carrying out the violence are addressed. The Lord's Resistance Army has revealed that a spiritual agenda and rhetoric is not enough to win the support of the people. A proliferation of news stories and images from across Africa of persecuted albino communities, victims of ritual sacrifice or magically empowered rebels might give the impression that traditional religion and violence are more intertwined than ever.

scholarly journals Traditional religious practice of Abkhazians as the way to preserve ethnos in the conditions of globalization

2020 ◽  
pp. 89-94
Author(s):  
Bella Stanislavovna Khotko
Keyword(s):  
Religious Practice ◽  
Ritual Practice ◽  
Traditional Religion ◽  
Traditional Values ◽  
Traditional Beliefs ◽  
Values And Beliefs ◽  
Current Context ◽  
The Way

This article examines the phenomenon of preservation of the traditional cult practices of Abkhazians in the current context. The key tasks of this research include studying ritualism in terms of the traditional beliefs (religion) of Abkhazians, creation of the “scenario” of ritual practice, and assessment of the relevance and role of this phenomenon in life of the modern Abkhazian ethnos. The conclusion that the cult practice manifests as a form of Abkhazians’ identity, a so-called cultural core, and allows the ethnos to preserve itself in the conditions of globalization and multiple destructive modern trends that  destructive for the ethnos.  The main results of the conducted research consists in the statement that the modern Abkhazian society marks dominance of the traditional values and beliefs (religion), against the background of which are implemented Christian or Islamic practices. Traditional religion is perpetuated, holistic, regulated by the institution of priests and the true faith of the entire Abkhazian ethnos. Reliability of the research is substantiated with the author's expedition materials, acquired as a result of expedition work in 2013-2017.

scholarly journals Публичное и частное в философии религии Ричарда Рорти

2020 ◽  
Author(s):  
Ekaterina Khitruk ◽  
Keyword(s):  
Public Space ◽  
Religious Practice ◽  
Richard Rorty ◽  
Religious Institutions ◽  
Religious Philosophy ◽  
The Public ◽  
Parish Community ◽  
Religious Institutes ◽  
Role Of Religion

The article covers the religious conception in the work of the famous American philosopher Richard Rorty. The author emphasises the secular and finalist views of R. Rorty on the nature of religion, and on the philosopher’s gradual perception of the need for their creative reinterpretation due to the actualisation of the role of religion in intellectual and political spheres. The article uncovers two fundamental constituents of Richard Rorty’s religious philosophy. The first of them is associated with R. Rorty’s perception of the ‘weak thinking’ concept in the writings of Italian philosopher Gianni Vattimo. R. Rorty holds ‘weak thinking’ and ‘kenosis’ to be the key to understanding the possibility of religion in the postmodern era. The second aspect concerns the existence of religion in the public space. Here the distinction between ‘strong’ narratives and ‘weak’ thinking correlates with the politically significant distinction between ‘strong’ religious institutions and private (parish, community) religious practice. Rorty believes that the activity of ‘strong’ religious structures threatens liberal ‘social hope’ on the gradual democratisation of mankind. The article concludes that Richard Rorty’s philosophy of religion presents an original conception of religion in the context of modern temporal humanism; the concept positively evaluates religious experience to the extent that it does not become a basis for theoretical and political manipulations on the part of ‘strong’ religious institutes.

scholarly journals Legislative Prohibitions on wearing a Headscarf: Are they justified?

2017 ◽  
Vol 17 (4) ◽  
pp. 1348
Author(s):  
Fatima Osman
Keyword(s):  
South African ◽  
Muslim Women ◽  
Religious Practice ◽  
Freedom Of Religion ◽  
Modern World ◽  
Religious Symbol ◽  
Religious Extremism ◽  
The Subject ◽  
The Right ◽  
Justifiable Reason

A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, it is often the subject of much controversy when worn by Muslim women. In recent years the headscarf has been described as a symbol of Islam's oppression of women and simultaneously of terrorism. As the debate regarding the acceptability of the headscarf in the modern world continues, an increasing number of states have legislated to ban the wearing of the headscarf. This article critically examines the reasons underlying these bans and argues that these prohibitions are not justified. It does this by first analysing the place of the headscarf in Islam, its religious basis and its significance to Muslim women. It argues that the headscarf is more than just a mere religious symbol and that Muslim women wear the headscarf as a matter of religious obligation. The headscarf is considered to be an important religious practice protected by the right to freedom of religion. Thereafter the article examines legislative bans on the headscarf in France, Turkey and Switzerland in order to identify the most popular justifications advanced by states and courts for banning the headscarf. It critically evaluates the justifications for protecting secularism, preventing coercion, promoting equality and curbing religious extremism, and disputes that the reasons put forward by states and accepted by courts justify banning the headscarf. It thereafter explores how South African courts would respond to a headscarf ban and argues that schools and employers should accommodate the headscarf. While Muslim women may not have an absolute right to wear the headscarf, there has thus far been no justifiable reason for banning the headscarf.

scholarly journals Migration and religiousness

2020 ◽  
pp. 486-493
Author(s):  
Nemanja Vukcevic ◽  
Keyword(s):  
Religious Identity ◽  
Integrated Approach ◽  
Religious Practice ◽  
Human Society ◽  
Legislative Framework ◽  
Religious Factor ◽  
And Behavior ◽  
Academic Authors ◽  
Role Of Religion

The subject of the research is the relationship between the phenomena of religion and migrations. The problem of their interaction has been inherent in human society since the ancient times; this problem is relevant one in nova days too. The consequences and prospects of development of this complex phenomenon in contemporary society are not sufficiently examined in science yet, especially in Sociology. In the paper, the role of religion in migration processes is studied based on the analysis of various sources, synthesis, induction, analogy, and abstraction. In course of research were analyzed numerous religious treatises, fiction works and classical sociological works, as well as works by foreign and Russian contemporary academic authors. The paper notes that the migration discourse has now shifted from the geographic and demographic to the socio-political domain. Religion has begun to play an important role at all stages of migration, both from the perspective of neoliberal and humanistic approaches. The paper aims to identify the role of the religious factor in the migration process and the role and logic of migration not only in inter-faith but also in intra-faith relations. It is shown that migration either serves as a catalyst for religious feelings and behavior or it strengthens the existing religious identity of migrants and enhances the quality of their religious feelings. The study highlights the need to improve the legislative framework of religious freedom, but also raises the question of how far religious communities can go in the process of advancing religious practice. In this regard, migrations often become a challenge for a secular state. Therefore, it is concluded that only an integrated approach would contribute to solving this problem.

The United States and Elections in Africa (2015–2018)

2019 ◽  
pp. 58-98 ◽  
Author(s):  
Andrey Urnov
Keyword(s):  
United States ◽  
Democratic Republic Of Congo ◽  
The United States ◽  
African Countries ◽  
The Us ◽  
Global Leader ◽  
The Usa ◽  
The Right ◽  
Selection Of

As a self-proclaimed “Global Leader” the United States have made “the assertion, advancement, support and defense of democracy” throughout the world one of the pillars of their foreign policy. This aim invariably figures in all Washington’s program documents pertaining to Africa. A major component of these efforts is an assistance to regular, free and fair elections. The selection of arguments cited to justify such activities has been done skilfully. In each specific case it is emphasized that the United States do not side with any competing party, stand “above the battle”, work for the perfection of electoral process, defend the rights of opposition and rank and file votes, render material and technical help to national electoral committees. Sounds irreproachable. However, the real situation is different. The study of the US practical activities in this field allows to conclude that Washington has one-sidedly awarded itself a role of a judge and supervisor of developments related to elections in the sovereign countries of Africa, tries to control the ways they are prepared and conducted. These activities signify an interference into the internal affairs of African states. The scale and forms of such interference differ and is subjected to tasks the USA try to resolve in this or that country on the national, regional or global levels. However, everywhere it serves as an instrument of penetration and strengthening of the US influence, enhancing the US political presence in African countries. The right of the US to perform this role is presented as indisputable. Sceptics are branded as opponents of democracy. The author explores the US positions and activities connected with elections in Africa during the last years of B.Obama and first two years of D.Trump presidencies. He shows how their policy have been implemented on the continental level and in regard to several countries – South Sudan, Libya, Democratic Republic of Congo, Burundi, Rwanda, Nigeria, Somali, Kenya, Uganda.

Religious Speech

2021 ◽  
pp. 498-517
Author(s):  
Gautam Bhatia
Keyword(s):  
Freedom Of Expression ◽  
Public Order ◽  
Religious Expression ◽  
Moral Beliefs ◽  
Religious Speech ◽  
Constitutional System ◽  
The Right ◽  
Role Of Religion ◽  
Normative Value

This chapter examines religious speech, and the tensions between religion and freedom of expression. As a wide-ranging system of moral beliefs and commitments, religion, by its very nature, assigns to the freedom of expression a particular place in its hierarchical order of values. In non-theocratic States, this may clash with the (higher) normative value accorded to the freedom of expression under the secular order. Religious claims themselves will often be made from within the constitutional system: that is, the State’s own constitutional commitment to protect religious freedom will be invoked to argue that, in certain domains, the secular order must defer to religion’s hierarchy of values. This may include the subordination of religious expression to revealed religious truth. Disputes will often also involve contestation over a constellation of other constitutional norms, such as the commitment to maintaining diversity and pluralism, the right to equality and cultural dissent, and not least, the imperatives of public order. Consequently, such disputes raise a host of complex issues. The State’s adjudicatory authorities must decide whether to attempt an accommodation between the conflicting claims of religion and free speech, or privilege one over the other. The chapter then discusses the role of religion in censorship.

British Muslim women's experience of the networking practice of happy hours

2020 ◽  
Vol 42 (3) ◽  
pp. 646-661
Author(s):  
Shehla R. Arifeen
Keyword(s):  
Muslim Women ◽  
Religious Practice ◽  
Research Approach ◽  
Drinking Alcohol ◽  
Content Type ◽  
Individual Level ◽  
Work Related ◽  
Role Of Religion ◽  
Level Of Analysis

PurposeNetworking is deemed important for women in careers. The purpose of this paper is to draw attention to the interaction of a specific networking practice with a religious practice and its implications on British Muslim women (BMw). The practice ‘happy hours’ is closely linked with drinking alcohol (Flores-Pereira et al., 2008), while alcohol consumption is forbidden in Islam.Design/methodology/approachA qualitative research approach was used to interview 37 participants who were in managerial or professional positions.FindingsThe findings demonstrate that the presence of alcohol in work-related socializing is a norm, making the practice of ‘happy hours’ invisible and legitimate (Acker, 2006), thereby contributing inadvertently to reinforcing inequality regimes in organizations. Furthermore, the interaction of contradictory religious beliefs/practices of individual employees and organizational practices presents challenges for Muslim women, who feel they have to participate in happy hours as a networking practice in order to progress in careers. While it involves emotional effort, as they persuade themselves to join in activities where alcohol is being served, it paradoxically results in feelings of exclusion and marginalization within the group, as they do not drink alcohol.Originality/valueThis paper focuses on the micro/individual level of analysis, singling out the Muslim female voice while positioning ‘happy hours’ as a ‘networking practice’. It also contributes to the underexplored area of the role of religion and individual behaviour in organizations (Tracey, 2012).

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