scholarly journals Principle of Laicity in Turkish and French Constitutions

2019 ◽  
Author(s):  
Ebru Karaman
Keyword(s):  
Legal System ◽  
Political Life ◽  
Religious Institutions ◽  
State Institutions ◽  
Constitutional Principle ◽  
Democratic State ◽  
Turkish Constitution ◽  
Religion And State ◽  
State Relations ◽  
The Relationship

To be assumed as a truly democratic state of law; the state should not make law according to a religion and not have a religion-based structure. Turkey and France are two countries different from others being in the discussions on secularism examining the relationship between religion and state. Because the laicity is one of the foundations of the regime and takes part in the legal system as a constitutional principle. In the first chapter the provisions on laicity in the Turkish Constitutions before the date 1982 and in the Turkish Constitution dated 1982 are going to be explained then the discussions in Turkey are going to be evaluated according to the Turkish Constitutional Court's approach to the principle of laicity. In the second part the provisions on the principle of laicity in the French Constitution dated 1958 are going to be explained, afterwards the discussions on laicity in France is going to take place. State and religion relations continue to be relevant a subject. That is why it still gives form to Turkish political life. The freedom of religion and the separation of religious and state relations are the requirements of the laic state. For a state these includes not to have an official religion, be impartial to all the religion and to treat equal to all the believers to different religions, to distinguish the religious institutions and state institutions and not to have an accordance between the rules of and the rules of religion.

scholarly journals The Relationship between Religion and State in Hegel's Thought

2004 ◽  
Vol 25 (1-2) ◽  
pp. 96-112
Author(s):  
Oran Moked
Keyword(s):  
Church And State ◽  
Philosophy Of Religion ◽  
Complete Separation ◽  
Philosophy Of History ◽  
Political Life ◽  
Religious Institutions ◽  
The Subject ◽  
Religion And State ◽  
The One ◽  
The Relationship

To say that Hegel's position on the relationship between religion and state is not easy to categorise would be a vast understatement. Eluding comfortable labels, his ideas on the subject diverge from historically prevalent conceptions, which together are often thought to be exhaustive. On the one hand, Hegel's position contrasts sharply with theocratic doctrines that propose a simple identity of political and religious institutions, or subjugate the former to the latter. Almost equally distant from Hegel's position, however, are liberal and Enlightenment views that urge the complete separation of religion from secular authority and mundane politics.This tension is characteristic of many of Hegel's writings on the subject, from the earliest to die most mature. On numerous occasions, Hegel voices his vehement opposition to the notion of a radical split between religion and the ‘ethical’ (sittlich) institutions of political power. In an early fragment from 1798 he writes, ‘if the principle of the state is a complete totality, then church and state cannot possibly be unrelated’, and similar sentiments are voiced in many other writings, including Hegel's very last lectures on the Philosophy of Religion from 1831. Yet, at other junctures he contends, rather, that only ‘in despotism church and state are one’. Of all Hegel's extended discussions of the subject, one — in the Remark and Addition to §270 of thePhilosophy of Right— lays emphasis on the cleft between church and state; others — in §552 of theEncyclopaedia of the Philosophical Sciences(Third Edition), the aforementioned 1831Lectures on the Philosophy of Religion, and the final sections of thePhilosophy of History— seem, on the contrary, to stress the essential and eventual unity of religious and political life. To reconcile such seemingly contradictory views within a coherent position (even adialecticallycoherent one) and salvage Hegel's position from the muddle of apparent contradictions and oblique formulations is therefore a challenge.

scholarly journals RELASI AGAMA DAN NEGARA

2017 ◽  
Vol 10 (2) ◽  
pp. 1-21
Author(s):  
Edi Gunawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Human Beings ◽  
Literature Study ◽  
Islamic Thought ◽  
Religion And State ◽  
The Right ◽  
State Relations ◽  
The Relationship ◽  
Descriptive Method

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah ,dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.

scholarly journals Tinjauan Hukum Islam terhadap Relasi Agama dan Negara dalam Perspektif al-Ghazali

2020 ◽  
Vol 3 (2) ◽  
pp. 186-199
Author(s):  
Jamaludin
Keyword(s):  
Islamic Law ◽  
Religious Order ◽  
Moral Politics ◽  
Library Research ◽  
Head Of State ◽  
The World ◽  
Religion And State ◽  
State Relations ◽  
The Guardian ◽  
The Relationship

This research aims to analyze the relationship between religion and country in the perspective of Islamic law. Among the scholars who are referenced in religious and state relations is al-Ghazali. His thoughts on the concept of religion and country are interesting to research. This research uses descriptive-qualitative methods in the form of library research. The results showed that between religion and state has a connection, so al-Ghazali analogizes religion and the king as 'two twins', of which religion is a foundation, while the king is the guardian. Something without a foundation will easily collapse and a foundation without guards will disappear. The existence of the king is a necessity for the order of the world, the order of the world is a necessity for religious order, and religious order is a necessity for the attainment of the welfare of the hereafter. Unequivocally, al-Ghazali said that a country that ignores morals (morals, ethics) will gradually suffer destruction or destruction. To that, al-Ghazali offers five ideal and moral conceptions of the state. The five conceptions are interdependence towards happiness, the fusion of science with religion and morals, moral-politics, the head of state who is sincere, and moral in international relations and deeds.

scholarly journals Moderasi Beragama dalam Diskursus Negara Islam: Pemikiran KH Abdurrahman Wahid

2020 ◽  
Vol 13 (1) ◽  
pp. 73-104
Author(s):  
Syaiful Arif
Keyword(s):  
Social Justice ◽  
The State ◽  
The Other ◽  
Political Life ◽  
Islamic State ◽  
Ways Of Thinking ◽  
Religion And State ◽  
The Relationship ◽  
Religious Understanding

Abstrak Moderasi beragama tidak hanya perlu dikembangkan dalam pola keberagamaan, tetapi dalam cara berpikir tentang negara. Sebab keterkaitan antara negara dan paham keagamaan, sering memunculkan sikap ekstrim dalam beragama. Untuk itu dibutuhkan pemikiran kenegaraan Islam yang moderat, yang melampaui formalisasi agama melalui negara pada satu sisi, dan pemisahan agama dan negara pada sisi lain. Dalam kaitan ini, pemikiran KH Abdurrahman Wahid (Gus Dur) tentang persoalan ini menjadi penting untuk dipahami. Gus Dur telah mewariskan pemikiran kenegaraan Islam yang moderat yang sesuai dengan prinsip kehidupan politik demokratis dan berkeadilan sosial.   Abstract Religious moderation needs to be developed not only in a pattern of religion, but in ways of thinking about the state because the relationship between the state and religious understanding often leads to extreme attitude in religion. Therefore, it requires moderate Islamic thinking, which transcend religious formalization through the state on one side, and the separation of religion and state on the other.  On this regard, KH Abdurrahman Wahid's (Gus Dur) thought about this becomes important to understand.  Gus Dur has bequeathed thought of moderate Islamic state that conforms to the principles of democratic political life and social justice.  

Nordic Europe

2021 ◽  
pp. 696-712
Author(s):  
Inger Furseth
Keyword(s):  
Civil Society ◽  
Nordic Countries ◽  
Faith Communities ◽  
Religious Change ◽  
Religious Institutions ◽  
The Media ◽  
Religion And State ◽  
State Relations ◽  
Role Of Religion

This chapter examines religious change in the five Nordic countries: Sweden, Denmark, Norway, Finland, and Iceland. Immigration came later to these countries than in many other parts of Europe, but it has transformed Sweden, Norway, and Denmark into relatively diverse societies; Finland and Iceland remain more homogeneous. In spite of these differences, the religious outlook is changing right across the Nordic countries with a decline in membership in the majority churches, falling indices of religious belief and practice in most of them, growing numbers of people who place themselves outside the faith communities, and multiplying forms of spirituality that lie beyond religious institutions altogether. The chapter addresses the implications that these changes have for religion and state relations, and the role of religion in politics, the media, and civil society.

Paradigma Relasi Agama dan Negara dalam Islam

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Ridwan Ridwan
Keyword(s):  
Classic Problem ◽  
Normative Basis ◽  
Religion And State ◽  
State Relations ◽  
The Relationship

The paradigmatic debate on the relationship between religion and state in Islam is an actual classic problem. The debate rises due to the absence of the normative basis and historical precedents that definitively state the relation between religion and state. Therefore, the paradigm formulation between religious and state relations is a matter of ijtihadiyah which is always open for debate. This article shows that theoretical debates about the relations between  religious and state leads to three paradigms: integralistic, secularistic and symbiotic-mutualistic paradigms.

The Serbian Orthodox Church as a Political Actor in the Aftermath of October 5, 2000

2008 ◽  
Vol 1 (2) ◽  
pp. 237-269 ◽  
Author(s):  
Milan Vukomanović
Keyword(s):  
Armed Forces ◽  
Political Life ◽  
Religious Communities ◽  
Orthodox Church ◽  
Negative Consequences ◽  
State Institutions ◽  
The People ◽  
State Relations ◽  
The Church

AbstractThis study tackles the place and role of the Orthodox Church in Serbian society, state, and political life after October 5, 2000. Owing to its present “symphony” with the state, the church now offers a new ideological framework and value-system for state institutions such as the armed forces and public education. This new role of the church is particularly emphasized in the current legislation. One could probably refer to the “etatization” of the Serbian Church, with some negative consequences for non-traditional religious communities. The relations with the Macedonian and Montenegrin Orthodox churches have also been discussed in this context. In post-Milošević Serbia, religious rights and freedoms have been considerably extended, but there is still a great deal of arbitrariness, even completely partial interpretations of the church-state relations. In the concluding section, this article deals with the church's traditionalist perception of society as narod (the people), with some recommendations as for the possible cooperation between the church and civil society in Serbia.

scholarly journals The Role of Securitization in the Relationship Between State and Religion—The Example of the Kyrgyz Republic

2021 ◽  
pp. 117-137
Author(s):  
Zrinka Štimac ◽  
Indira Aslanova
Keyword(s):  
Soviet Union ◽  
State Policy ◽  
Legal Framework ◽  
The State ◽  
Religious Organizations ◽  
Kyrgyz Republic ◽  
State Institutions ◽  
The Soviet Union ◽  
Democratic State ◽  
The Relationship

AbstractIn this paper, we discuss the challenges of developing secular framework in relation to religion in Kyrgyzstan, the first Central Asian republic where democratic institutions were established after the collapse of the Soviet Union and which has been strongly challenged in maintaining its democratic achievements during the Tulip Revolution and other revolts in 2010 and 2020. The question we aim to answer is how processes of securitization shape the relationship between state institutions and religious organizations, knowing that Kyrgyzstan is still influenced both by the Soviet understanding of secularism and by models of secularity and governance from countries and societies with different histories and conditions of development. We look at different phases of the relationship between state and religion starting with the regime change and the establishment of a democratic state. Secondly, the establishing of a legal framework for state policy on religious organizations. Thirdly, the time of the adoption of measures to protect the interests of all citizens, believers and non-believers, and the beginning of the process of active influence of state policy on the situation in the religious sphere. And finally, the new (mis)understanding of the relations between the state and religion, both on the side of the state and religious organizations. Our theoretical point of departure is the concept of securitization, and from there on we take a discursive approach focusing on the different actors in this arena, such as state institutions and the various religious organizations and groups.

scholarly journals Evangelicalism as a Political Mobilizer in Latin American Politics and the Reemergence of Conservative Governments

2019 ◽  
pp. 21-27
Author(s):  
Joel Ivan Gonzalez Cedillo ◽  
Keyword(s):  
Latin America ◽  
Political Parties ◽  
Latin American ◽  
Catholic Church ◽  
Political Life ◽  
The Political ◽  
Religious Institutions ◽  
Latin American Politics ◽  
Personal Relation ◽  
Democratic State

Evangelicalism has experienced a rapid increase in Latin America the last four decades at the expense of Catholicism, as believers look for a more personal relation with God, a more practical religious life and detaching from the institutionality the Catholic Church represents. Due to the nature of Evangelicalism, believers started to get involved into the political life of their countries. The author analyses the use of discursive elements of Evangelicalism by conservative parties in Guatemala and Brazil to gain political power. Such phenomenon is reciprocal as Evangelical leaders take advantage of the exposure and reach they will get once conservative politicians gain power. The goal of the author is to visibilize the existing alliance between the Evangelical communities and conservative political parties in Latin America and the effects it has on secular democracies. The author gets to the conclusion that Latin American secular democracies that allow the participation of resourceful religious institutions or individuals in the political life risk the continuation of the secular democratic state

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