ESTABLISHING FILIATION (NASAB) AND THE PLACEMENT OF DESTITUTE CHILDREN INTO NEW FAMILIES: WHAT ROLE DOES THE STATE PLAY?

2019 ◽  
Vol 34 (3) ◽  
pp. 408-432
Author(s):  
Dörthe Engelcke

AbstractThe article comparatively maps state involvement in the establishment of filiation and the placement of destitute children into new families. It first reports findings from an expert survey that investigates four key areas of state involvement—the legal framework, the role of courts and ministries, guardianship regulations, and financial support and services for destitute children—across fourteen jurisdictions, twelve Muslim-majority countries, and two Muslim-minority countries. Overall, the placement of children into new families remains a sensitive issue because it is linked to different communities “claiming” the child. In principle, the states surveyed do not allow the creation of new families across religious lines. Using Jordan as a case study, the article then focuses on the implications of one particular survey finding: non-Muslims in Muslim-majority countries sometimes cannot have children placed into their homes. This finding is based on qualitative data collected in Jordan on adoption (tabannī) in the Greek Catholic community. The article argues that in settings of legal pluralism, state involvement affects different religious communities in different ways. In Jordan, due to structural factors, the state shapes Islamic family law differently than the family laws applied by Christian communities. This leads to the unequal development of different bodies of religious law and thereby to the unequal treatment of Muslim and Christian citizens.

2015 ◽  
Vol 51 ◽  
pp. 412-434
Author(s):  
Brian Stanley

Surveys of the historical relationship between Christianity and other faiths often suggest that through a process of theological enlightenment the churches have moved from crusade to cooperation and from diatribe to dialogue. This trajectory is most marked in studies of Christian-Muslim relations, overshadowed as they are by the legacy of the Crusades. Hugh Goddard’sA History of Christian-Muslim Relationsproceeds from a focus on the frequently confrontational inter-communal relations of earlier periods to attempts by Western theologians over the last two centuries to define a more irenic stance towards Islam.1 For liberal-minded Western Christians this is an attractive thesis: who would not wish to assert that we have left bigotry and antagonism behind, and moved on to stances of mutual respect and tolerance? However laudable the concern to promote harmonious intercommunal relations today, dangers arise from trawling the oceans of history in order to catch in our nets only those episodes that will be most morally edifying for the present. What Herbert Butterfield famously labelled ‘the Whig interpretation of history’ is not irrelevant to the history of interreligious relations. In this essay I shall use the experience of Christian communities in twentieth-century Egypt and Indonesia to argue that the determinative influences on Christian-Muslim relations in the modern world have not been the progressive liberalization of stances among academic theologians but rather the changing views taken by governments in Muslim majority states towards both their majority and minority religious communities. Questions of the balance of power, and of the territorial integrity of the state, have affected Christian Muslim relations more deeply than questions of religious truth and concerns for interreligious dialogue.


2010 ◽  
Vol 45 (1) ◽  
pp. 93-113 ◽  
Author(s):  
Duncan McCargo

AbstractDuring times of violent conflict, states may closely scrutinize the loyalty of those who lead minority religious communities. November 2005 saw elections for Islamic councils in Thailand's three southern border provinces. The Muslim-majority subregion had experienced escalating political violence since January 2004. Allegations of electoral manipulation were rife; the elections were proxy struggles between the Thai state and potential opponents. This article positions these elections within wider debates about the nature of the relationship between Islam and the state, in Thailand and beyond. It argues that politicizing Islamic organizations may be a dangerous game for states and elite actors to play.


1986 ◽  
Vol 21 (3-4) ◽  
pp. 501-528 ◽  
Author(s):  
Pinhas Shifman

It is generally thought that the rule of religious law regarding marriage and divorce is a concession on the part of the State of Israel to religious interests. It is assumed that the religious population derives great satisfaction from the fact that the State ostensibly bows down to religious law, declining to exercise its jurisdiction on this matter. The non-observant citizen is widely considered the victim of this arrangement. He is forced to take part in a religious ceremony which is foreign to him and, in such an intimate realm of his life, must render himself of the services of a religious authority that represents concepts and symbols which he adamantly rejects. It is true that this sensitivity to “religious coercion” and freedom of conscience is apparent as regards the Jewish population, whereas there is less of a tendency to increase government intervention in the religious and legal autonomy of non-Jewish religious communities.


2020 ◽  
Vol 64 (10) ◽  
pp. 1943-1967
Author(s):  
Peter S. Henne ◽  
Nilay Saiya ◽  
Ashlyn W. Hand

This article addresses a puzzle in terrorism studies. That terrorism functions as a “weapon of the weak” is conventional wisdom among terrorism researchers. When it comes to religious communities, however, often it is those groups favored by the state—rather than repressed minority communities—that commit acts of terrorism. We argue that this is because official religious favoritism can empower and radicalize majority communities, leading them to commit more and more destructive terrorist attacks. We test this claim using a statistical analysis of Muslim-majority countries. Our findings support the idea that the combination of state support of religion and discrimination against minorities encourages terrorism from majority religious groups.


2018 ◽  
Vol 13 (2) ◽  
pp. 79
Author(s):  
Andrey Bochurov ◽  
Vladimir Miletskiy ◽  
Dmitry Cherezov

The article highlights the key social factors of corruption in today’s Russian society. In the study, it is stated that today’s Russian legislation has provided a comprehensive legal framework aimed at combating corruption; law enforcement practices have been improving in this direction, too. But, despite this, due to the lasting, permanent work of formational, domain-related and structural factors that determine both resilience and constant reproduction of conditions favourable to corruption, combat against it gives no palpable results. It is noted that the chief formational factor of reproduction of corruption is and remains the Russian-born model of criminal and oligarchic capitalism, peripheral type, that arose in the ‘wild’ 1990ies, the one that has been continuously fuelling both the ‘grassroot’ and ‘high-rank’ corruption. Among the domain-related determinants, the leading role goes to the raw-material exporting model of a quasi-market economy based on private capital and causing a gap between the very poor and reach by the key stratification criteria that is largely in excess of threshold values, and also to political and legal factors associated with the imperfection of such a component of the legal sphere in Russia as statutory regulation instruments. To the purely political factors facilitating reproduction of corruption and hindering an effective fight against it is, alongside the excessive interference of the state with business matters and the patronage that high-ranking officials grant to tycoons, the so-called ‘political thaw’ of 2011-2012 that was accompanied by a certain functional disorganization of the work of the government and escalation of the well-known ‘Bolotnaya square movement’ that threatened the country with massive destabilization and an increase in anomy of the whole of Russian society. To the structural prerequisites belong the institutional, procedural and other components among which it is worth noting the patron-client relations between the state and the business, etc. At last, what is formulated herein are suggestions towards a comprehensive solution to the problem of eradicating corruption; this solution would entail both promoting democratic principles in society and politics, limiting the overly influential exchange relationships so powerful in the system of Russian criminal/oligarchical capitalism, but first and foremost activating and speeding up a systemic modernisation of the body of Russian society along the lines entrenched in the Constitution towards its evolution and transformation into a modern post-industrial society, including the shaping of a full-fledged socially-oriented and rightful state.


2020 ◽  
pp. 72-82
Author(s):  
I.L. Kapylou

The article describes the achievements and determines the prospects for the standardization of Belarusian onyms: it examines the problems associated with the establishment of official written forms of toponyms, the creation of normative onomastic reference books, the functioning of onyms in the situation of the state Belarusian-Russian bilingualism in Belarus, the transliteration of foreign names into the Belarusian language, the preparation of a legal framework and development of a program for proper names romanization.


Author(s):  
Aleksey Bredikhin ◽  
Andrei Udaltsov

In the article the authors analyze the essence of propaganda as a means of implementing ideological function of the state. It is noted that propaganda is a mechanism of spreading information persuasive influence in the interpretation and estimation of state power representatives. The structure of propaganda is determined: beneficiary of propaganda, subjects of propaganda, content of propaganda, channels of realization of propaganda, addressee of propaganda, feedback system. Types of propaganda are distinguished: political, axiological, educational, preventive. The authors come to the conclusion that the basic directions and the propaganda content are established in normative acts and the programs and organizational actions accepted according to them. Along with the implementation of propaganda, the ideological function is implemented by prohibiting or restricting propaganda or other dissemination of information that endangers the foundations of the constitutional order and is otherwise aimed at destabilizing the political situation in the State, as well as prohibiting the propaganda of ideas that may harm the foundations of morality and morality. The mass media are essential in carrying out propaganda. The State widely uses this resource on an equal footing with other actors to disseminate ideas of public importance and uses the services of various communication agencies. However, the state forms a legal framework for the mass media, their rights and limitations, which still determines the special position of the state in this process.


Author(s):  
Asha Rogers

Debates about the value of the ‘literary’ rarely register the expressive acts of state subsidy, sponsorship, and cultural policy that have shaped post-war Britain. In State Sponsored Literature, Asha Rogers argues that the modern state was a major material condition of literature, even as its efforts were relative, partial, and prone to disruption. Drawing from neglected and occasionally unexpected archives, she shows how the state became an integral and conflicted custodian of literary freedom in the postcolonial world as beliefs about literature’s ‘public’ were radically challenged by the unrivalled migration to Britain at the end of Empire. State Sponsored Literature retells the story of literature’s place in modern Britain through original analysis of the institutional forces behind canon-formation and contestation, from the literature programmes of the British Council and Arts Council to the UK’s fraught relations with UNESCO, from GCSE literature anthologies to the origins of The Satanic Verses in migrant Camden. The state did not shape literary production in a vacuum, Rogers argues, rather its policies, practices, and priorities were inexorably shaped in turn. Demonstrating how archival work can potentially transform our understanding of literature and its reading publics, this book challenges how we think about literature’s value by asking what state involvement has meant for writers, readers, institutions, and the ideal of autonomy itself.


Author(s):  
Dustin Gamza ◽  
Pauline Jones

What is the relationship between state repression of religion and political mobilization in Muslim-majority states? Does religious repression increase the likelihood that Muslims will support acts of rebellion against the state? This chapter contends that the effect of repression on attitudes toward political mobilization is conditional on both the degree of enforcement and the type of religious practice that is being targeted. When enforcement is high and the repressive regulation being enforced targets communal (rather than individualistic) religious practices, Muslims expect state persecution of their religious community to increase, and that this persecution will extract a much greater toll. They are thus more willing to support taking political action against the state in order to protect their community from this perceived harm. The chapter tests this argument with two novel survey experiments conducted in Kyrgyzstan in 2019. It finds that the degree of enforcement has a significant effect on attitudes toward political mobilization, but this effect is negative (reducing support) rather than positive (increasing support). The chapter also finds that repression targeting communal practices has a stronger effect on attitudes toward political mobilization than repression targeting individualistic practices, but again, these effects are negative. The chapter’s findings suggest that the fear of collective punishment increases as the degree of enforcement increases, particularly when it comes to repression targeting communal practices. Thus, while Muslims are motivated to protect their community from harm, it may be that the certainty of financial and physical harm outweighs the expectation of increasing religious persecution.


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