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by Kristine Kalanges

Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition

In this book, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories.
Publish Date: 2015/09/09
 

In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

Table of Contents

1. Introduction

I. Religious Liberty in Western and Islamic Law: Two Questions

II. The Theoretical Challenge


2. Theoligical and Philosophical Origins of Religious Liberty in the U.S. Constitution

I. The Protestant Reformation and the Early Modern Origins of Freedom of Religion

II. The Genesis of the American Constitutional Experiment in Religious Liberty

III. Religious Freedom in the First Amendment of the U.S. Constitution

 

3.Religious Liberty in International Human Rights Law

I. Freedom of the Religion in International Human Rights Law

II. International Religious Rights: Monitoring and Enforcement Regimes

III. Dignities Humane: The Catholic Church and the Moral Case for Religious Freedom


4.Religious Liberty and Shari’a

I. Principle of Islamic Law- A Brief Overview

II. Freedom of Religion in Islamic Law

III. Religious Liberty and Islamic Reformation


5.Between Religious and Law: Politics as an Intervening Variable

I. Middle East Meets West: Political Contestation and Islamic Identity

II. Religious Liberty in the Constitution of Muslim States


6.Religious Liberty in Islamic International Law

I. Islam and Human Rights-Origin of the Debate

II. Religious Freedom in the Islamic Humman Rights Declaration

III. Interpreting the Emergence of Contemporary Islamic International Law

IV. Some Religious and Strategic Implications of the International Debate


7.Conclusion:Toward a World Legal Tradition

 
Kristine Kalanges is Assistant Professor of Justice, Law & Society in the School of Public Affairs at American University. She holds a JD from Yale Law School, where she was a John M. Olin Fellow in Law, Economics and Public Policy, and a PhD from Georgetown University, where she was a Graduate Fellow in International Relations. Previously, she practiced law in the New York office of Cleary Gottlieb Steen & Hamilton LLP and served in Washington, DC as a law clerk for the U.S. Department of Justice.
Source: ijtihad network
Keywords: 

Islamic-law , west , Human-rights , Kalanges، Kristine


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