The concept of riddah (apostasy) in Islam is a controversial issue, especially when it comes to religious freedom. Therefore, this article aims to analyse the application of the Maqāṣidi (Higher Objectives of Islamic Law) interpretation of Ibn ‘Āshūr in interpreting the verse on religious freedom in relation to riddah. According to Ibn ‘Āshūr, the main objectives in revealing the Qur’an are based on three things, namely ṣalāh al-aḥwāl al-fardiyyah (individual betterment), ṣalāh al-aḥwāl al-jamā’iyyah (collective good) and ṣalāh al-aḥwāl (...) al-‘Umrāniyyah (the good of civilisation). Salāh al-aḥwāl al-fardiyyah provides meaning to the fulfilment of individual rights, such as the freedom of choice in belief or religion. Thus, in Ibn ‘Āshūr’s view, religion, which is considered something personal, is used to determine communal good and inevitably influences the goodness of human civilisation in the world. Based on the Maqāṣidi Interpretation of Ibn ‘Āshūr, this article argues that the death penalty for riddah needs to be reinterpreted for theological, historical and political reasons. Furthermore, its imposition is contrary to the dimension of ḥifẓ al-nafs (guarding the soul) and ḥifẓ al-dīn (maintaining religion). Contribution: This article provides insight into the contribution of Ibn ‘Āshūr through the Maqāṣidi interpretation in viewing the issue of religious freedom in relation to riddah. It contributes theoretically to become a conceptual framework to respond to the issue of riddah. (shrink)

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in areas such (...) as hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies. (shrink)

_“Religious Freedom: Social-Scientific Approaches”_ offers original research on religious freedom from around the globe. The volume addresses the issues related to defining and understanding the concept of religious freedom with interdisciplinary methods and by incorporating sociological thinking as a constituent part of this analysis.

Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations (...) for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all. (shrink)

A liberal pluralist state recognizes that its members exercise a variety of religions or hold diverse comprehensive doctrines, and strives for neutrality so that none is favored. Neutrality can come into tension with the demands of individuals to express their religion in public spaces. I focus on a display of a “finals tree,” that many regard as a Christmas tree, on the campus of a public university, a display objected to by a small minority of non-Christian faculty and students who (...) claim it makes them ‘outsiders’ and should be removed. While display of a Christmas tree doesn’t violate the First Amendment because the Court has ruled it is a secular symbol, resolving that legal issue doesn’t resolve the ethical issue of which side should accommodate the other. To address that, I turn to traditional theories of Kant and Mill, who would side with the tree displayers, who are causing no harm and restricting no one else’s liberty. Finding this resolution wanting, I develop a modified version of Jeremy Waldron’s ‘adequacy’ principle, which has us be sensitive to the aims of others when our actions keep them from adequately pursuing their legitimate aims, so long as accommodating them does not keep us from adequately pursuing our own. I depart from Waldron in arguing that in assessing each side’s claims we should sometimes conduct a limited inquiry into the sincerity of one’s religious reasons, and this inquiry would not be incompatible with liberal pluralism’s requirement that we appeal to public reason. (shrink)

This essay examines religious freedom in the context of education policy. I defend an approach that serves the aims of both religious freedom and adequate education requirements. The permissive view of religious exemptions endorsed in American law sometimes lends support to objectionable education policies. The alternative I defend opposes granting exemptions to education policy, religious or otherwise, when doing so will deprive students of an education that permits entry to higher education or to a meaningful range (...) of opportunities in the labor market. Yet when there are policy options that accommodate concerns of religious citizens that do not result in objectionable compromises on education standards, we should favor them. (shrink)

With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous (...) international human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997. (shrink)

To what extent should states accommodate religious liberty claims? Can the pluralist state be neutral between religions and secularism? This book explores contemporary legal controversies regarding the protection of religious liberty from a theoretical and comparative perspective, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression.

Under this name, on November 19-20, 1998, an international scientific and practical conference devoted to the 50th anniversary of the UN Universal Declaration of Human Rights took place in Kyiv. The organizers of the conference are the International Academy of Religious Freedom, the International Commission on the Freedom of Conscience, the Ukrainian Association of Religious Studies, the State Committee of Ukraine for Religious Affairs, the Department of Religious Studies at the Institute of Philosophy named after. G.S. (...) Skovoroda, National Academy of Sciences of Ukraine. (shrink)

A crucial, but often overlooked, dimension of the human and constitutional right to religious freedom is the autonomy of religious institutions, associations and societies with respect to matters of governance, doctrine, formation and membership. Although the Supreme Court of the United States has affirmed this autonomy in the context of American constitutional law, it is vulnerable, and even under threat, for a variety of reasons, including a general decline in the health of civil society and mediating associations and (...) a crisis of confidence and authority caused by clerical sexual abuse and churches’ failure to respond to it. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons (...) and principles that justify the basic rights of citizens. (shrink)

Religious freedoms of minorities in Muslim-majority countries such as Pakistan are compromised due to structural issues as well as social and historical concerns. For instance, the abuse of the blasphemy law has led to minority communities facing threats and violence. And in a country where religious scholars are often absent from, if not against, discourses about human rights, the religious rights of minorities remain a secular and hence culturally unsound discourse. There is thus a need for two (...) parallel movements. One, an awareness within Muslim communities about the need to engage with religious freedoms, and hence the modern human rights regime, as an essentially Islamic process requiring reform from within. And two, the human rights structure also giving religion its due since religious freedoms are part of, and engender, many other rights as well. In this article, a case is made for this dual process, by exploring the work of scholars of Islam such as Abdullahi An-Na’im and Khaled Abou El Fadl as well as the insecurities of religious scholars in Pakistan who have reacted to human rights as a western agenda. (shrink)

Article 18 of the Universal Declaration of Human Rights is widely considered to be the most influential statement on religious freedom in human history. Religious Freedom and the Universal Declaration of Human Rights provides a groundbreaking account of its origins and developments, examining the background, key players, and outcomes of Article 18, and setting it within the broader discourse around international religious freedom in the 1940s. Taking issue with standard accounts that see the text of the Universal (...) Declaration as humanity's joint response to the atrocities of World War II, it shows instead how central features of Article 18 were intimately connected to the political projects and visions of particular actors involved in the start-up of the UN Human Rights program. This will be essential reading for anyone grappling with the historical and contemporary meaning of human rights and religious freedom. (shrink)

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laïcité, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located (...) in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. (shrink)

This article examines the regulation of religious policy and state-confessional relations in Kazakhstan. Religion is an integral part of the spiritual life in secular Kazakhstan, and religious values are embedded within the value paradigm of Kazakhstani identity. In this context, there is a need to model secularism based on the rule of law, human rights, and personal freedoms. The purpose of this article is to conceptualize "Kazakhstani secularism" and "Kazakhstani religiosity," identifying their differences and the universality of their (...) value meanings. this study employed a mixed methodology using both qualitative and quantitative strategies to examine the regulation of religion within Kazakhstan's secular framework, aiming to uncover underlying principles, assess current practices, and suggest improvements that align with international standards. The concept of secularism in Kazakhstan has evolved due to historical chronotopes, challenges of modernity, and ideological discourses, yet the legal provision of religious freedoms remains a constant principle. The authors argue that it is necessary to enhance the policy of interconfessional and state-confessional relations, transitioning to a policy of dialogue aimed at consolidating Kazakhstani society, alleviating social tensions, and fostering unity. (shrink)

The article investigates the development of discourses related to freedom of religion and discrimination against religious minority in current Indonesia by identifying the discourse constructions of Ahmadiyya in various texts and talks produced and disseminated by government institution and the Indonesian Council of Ulama (the MUI). This study aims to reveal these institutions’ views and perspectives on Ahmadiyya issue using various discourse strategies. The data analysed are some legal proclamations issued and personal views delivered by the officials of these (...) two institutions. The CDA theoretical framework employed is to examine the positive-self and negative-other presentations. The finding reveals that the issue of Ahmadiyya is addressed through discourses related to Indonesian national interest and discourses related to religious matters. in these discourses, the two institutions and their officials present themselves positively and portray the Ahmadiyya sect negatively. The sect followers are negatively presented as the troublemaker, blasphemer, and the destroyer of religious harmony and social order. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:RELIGIOUS FREEDOM: HOMOGENEOUS OR HETEROGENEOUS DEVELOPMENT? BRIAN T. MULLADY, 0.P. Holy Apostles College and Seminary Cromwell, Connecticut 0 NE OF THE most difficult questions to confront those who hold for a natural-law conception of Catholic moral teaching which does not change with the development of the times is the area of the freedom of religion in the political order. The traditional teaching on this subject is expressed in (...) many places. The most difficult locus for anyone who wants to defend the traditional opinion is found in The Syllabus of Errors of Pius IX. In this document, the following canons are explicitly enumerated : 77. In this age of ours it is no longer expedient that the Catholic religion should be the only religion of the state, to the exclusion of all other cults whatsoever. 78. Hence in certain regions of Catholic name, it has been laudably sanctioned by law that men immigrating there be allowed to have public exercises of any form of worship of their own. 79. For it is false that the civil liberty of every cult, and likewise, the full power granted to all of manifesting openly and publicly any kind of opinions and ideas, more easily leads to the corruption of the morals and minds of the people, and to the spread of the evil of indifferentism.1 1 " 77. Aestate hac nostra non amplius expedit, religionem catholicam haberi tamquam unicam status religionem, ceteris quibuscumque cultibus exclusus. 78. Hine laudabiliter in quibusdam catholici nominis regionibus lege cautum est, ut hominibus illuc immigrantibus liceat publicum proprii cuiusque cultus exercitium habere. 79. Enimvero falsum est, civilem cuiusque cultus libertatem, itemque plenam potestatem omnibus attributam quaslibet opiniones cogitationesque palam publiceque manifestandi conducere ad populorum mores animosque facilius corrumpendos ac indifferentismi pestem propagandam." Denizinger -Schonmetzer, Enchiridion Symbolorum, n. 1777-1779 (2977-2979), hereafter refered to as DS. 93 94 BRIAN T. MULLADY, O.P. In this text, freedom of religion is clearly condemned. Yet one finds about one hundred years later the issue of religious freedom discussed by Vatican II. Here the conclusion reached seems quite different. The Vatican Council declares that the human person has a right to religious freedom. Freedom of this kind means that all men should be immune from coercion on the part of individuals, social groups and every human power so that, within due limits, nobody is forced to act against his convictions in religious matters in private or in public, alone or in associations with others. The Council further declares that the right to religious freedom is based on the very dignity of the human person as known through the revealed word of God and by reason itself. This right of the human person to religious freedom must be given such recognition in the constitutional order of society as will make it a civil right.2 These two documents seem to represent a significant change in the teaching of the church. Beyond the obvious change in attitude towards religious freedom, many moral theologians also see another change : the very language of the decree signals a departure from the traditional basis of the law of nature by a reference to the dignity of the human person. One example will suffice: It may also be a growing dissatisfaction with the traditional concept of ' nature ' which has contributed in recent years to the focus of moral attention moving from ' human nature ' to ' human person ' 2 " Haec Vaticana Synodus declarat personam humanam ius habere ad libertatem religiosam. Huiusmodi libertas in eo consistit, quod omnes homines debent immunes esse a coercitione ex parte sive singulorum sive coetuum socialium et cuiusvis potestatis humanae, et ita quidem ut in re religiosa neque aliquis cogatur ad agendum contra suam conscientiam neque impediatur, quominus iuxta suam conscientiam agat privatim et publice, vel solus vel aliis consociatus, intra debitos limites. Insuper declarat ius ad libertatem religiosam esse revera fundatum in ipsa dignitate personae humanae, qualis et verbo Dei revelato et ipsa ratione congnoscitur. Hoc ius personae humanae ad libertatem religiosam in iuridica societatis ordinatione ita est agnoscendum, ut ius civile evadat." Vatican II, Declaratio de Libertate Religiosa: Dignitatis Humanae, n. 2. Translations are taken from Vatican Council II, The Conciliar and Post Conciliar... (shrink)

The article intends to argue that the roots of religious freedom in the West can be found many centuries before the time of the Reformation, namely in the writings of Christian apologists who wrote in defense of the right to practice the Christian faith in the Roman Empire, in the political context of the time, which was otherwise tolerant of the religious pluralism present in its space. Moreover, we talk about Quintus Septimius Florens Tertullianus, known as Tertullian (160-225): (...) "the first theologian of the West" and "the first political theologian." In last, we will argue that religious freedom is a natural right according to the philosophical and political developments over the centuries. (shrink)

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender community, on the other. As new rights for LGBT (...) individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions. (shrink)

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: (1) it confines the relevance of (...) ‘religion’ to limited social contexts; (2) it creates a priority for equality-perspectives over liberty-perspectives on social conflict; (3) it generates new social assumptions about what individuals have to believe and say (or refrain from saying) if they are to be trusted to uphold the law; (4) it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

This chapter contains sections titled: Early Religious Freedom The Eve of Revolution Luther and Liberalism John Knox and the Scottish Enlightenment Natural Law Toward Religious Freedom Conclusion Discussion.

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and (...) their worldviews. Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)

It is generally claimed by Muslims that Islam provides the best safeguards for the freedom and rights of non-Muslim minorities living in Muslim states. But there appears to be serious contradictions between claim and reality both past and present. The evidence shows that these contradictions arise out of both the very nature of Islam in its classical formulations and their abuse by some Muslims. Some proposals are made as to how Christians can help protect the freedom and rights of both (...) Muslims or non-Muslims world-wide and ensure the survival and growth of the Church under Islam today. (shrink)

If the paradigm of secularization as replacement was falsified by the permanent vitality of the religious dimension on the world horizon and in the public sphere, the universalization of the paradigm of secularization as differentiation, on the contrary, turns out to be an essential guarantee of the maintenance and promotion of the rule of law and human rights. From an alternative perspective to both secularism and fundamentalism, public theology today is therefore called upon to reconstruct and argumentatively justify the (...) function of religious freedom as a basic principle of democratic society, within the framework of cognitive and normative disjunction between religion and citizenship which rules modernity. It is urgent to theologically demystify the regressive manipulation of this principle, as a vector of a democratically disruptive tribal pluralism, in contradiction with its nature as a catalyst for an integrative pluralism essential for social cohesion and the common good. (shrink)

Egalitarian theories of religious freedom deny that religion is entitled to special treatment in law above and beyond that granted to comparable beliefs and practices. The most detailed and influential defense of such an approach is Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution (2007). In this essay I develop, elucidate, and show the limits of the strategy adopted by Eisgruber and Sager. The strategy requires that religion be analogized with other beliefs and practices according to (...) a robust metric of comparison. I argue that Eisgruber and Sager fail to develop a consistent and coherent metric and I further suggest that this failure is symptomatic of the broader difficulty encountered by liberal theory in fitting the concept of religious freedom into a broadly egalitarian framework. (shrink)

This paper seeks to examine Hobbes’s credentials as a defender of religious freedom along three dimensions. The first section analyzes what might be called Hobbes’s core position on freedom of conscience and worship; it is shown how, by means of a characteristically reductionist strategy, he seeks to persuade the reader that the absolute state allows room for freedom of conscience and worship in all ways that they have reason to care about. The second section turns to Hobbes’s praise of (...) Independency and addresses the issue whether it is consistent with his core position; it is argued that though it supplements this position it does not represent a fundamental departure from it. The final section takes up the perennially fascinating issue of the relationship between Locke’s mature defence of religious toleration and the teachings of his great precursor in the social contract tradition. Without seeking to minimize the differences I argue that Locke is able to adapt Hobbesian themes to his own distinctive purposes. (shrink)

Before 1989, Christians and Muslims in Eastern European states were the objects of firm repression. Churches and mosques had been closed, scriptures were largely unavailable, clergy were either hopelessly compromised, or barred from carrying out their ministry. Mission, religious education and charitable outreach were banned. Since 1989, religion has been one of the first areas of life to be normalised. Enormous vigour has sprung up in all areas of church life. But some difficulties still remain – in particular the (...) re-emergence of the alliance between church and state which pre-dated the period of suppression and the use of pornography to flood the press. (shrink)

This research explains the comparison of regulations on mosque loudspeakers between Indonesia and Muslim countries in the world. Guidelines for the use of mosque loudspeakers in Indonesia are regulated in the Instruction of the Director-General of Islamic Community Guidance at the Ministry of Religious Affairs Number 101 of 1978 concerning Guidance on the Use of Loudspeakers in Mosques and Musala and the Circular Letter of the Minister of Religion Number 5 of 2022 concerning Guidelines for the Use of Loudspeakers (...) in Mosques and Musala. Primary data of this study includes the 1978 Instructions and the 2022 Circular Letters. Secondary data is obtained from relevant literature sources and regulations on the use of mosque loudspeakers in several Muslim countries in the world, namely Saudi Arabia, Turkey, Syria, Bahrain, United Arab Emirates, Egypt, and Malaysia. This research finds the concept of moderation of regulations on mosque loudspeakers in Indonesia. The findings of this research can be used as a guide model for drafting the contents of mosque loudspeaker regulations in several Muslim countries around the world by relying on three moderate aspects regarding the rules of time (public morals), volume (public health), and sound quality of mosque loudspeakers (public convenience). (shrink)

The peculiar and particular manner in which freedom of religion is promoted and protected in the United Kingdom owes much to the nation’s history. This article offers a highly selective consideration of some of the incidents of history which have shaped or foreshadowed the lived reality of freedom of religion in Britain today. It traces key episodes over past centuries, crudely categorised as the Seven Ages of Religious Liberty.

Religious freedom is considered a fundamental human right and the cornerstone of human dignity. Islam, being a universal religion, protects the rights of every individual, and thus, preserves and upholds the dignity of human persons irrespective of their religious convictions. This study aims to understand Islamic perception of religious freedom from a historical point of view. It is based on textual analysis and historical interpretation of the Qur’an and Sunnah. It also supports its case by analysing some (...) Muslim ruler’s treatment of other religions. The study shows that Islam provides complete freedom to every individual so long as it does not violate or interfere the right of others, and explicitly prohibits all kinds of intervention in matters of religious beliefs and practices. Though the Prophetic tradition “whoever changes his religion, kill him” seems contradictory to freedom of religion, this has been contextualised in particular situation by contemporary Islamic scholars. The study concludes that the Qur’anic teachings, the Prophetic practices and Muslim rulers’ treatment of other religions affirm that Islam provides equal opportunities to all regardless of their attachments to any religion or ideology, and Muslims can neither force any body to accept Islam nor impose anything against his/her will. Philosophy and Progress, Vol#71-72; No#1-2; Jan-Dec 2022 P 1-27. (shrink)

The reviewer presents the main theses of Martha Nussbaum's latest book and enters into discussion with it. Although the reviewer does not object to Nussbaum's thesis on the important role of religion in the individual's life, she nevertheless believes that what may arouse controversy is Nussbaum's failure to distinguish between a religious community and sects that may be dangerous to their members. Next, since Nussbaum defends Islam by saying that it is compatible with women's rights, the reviewer challenges this (...) statement by pointing out that Nussbaum's charge against European governments may also be levelled against Muslims themselves. The reviewer also charges Nussbaum with not following, on numerous occasions, the very principles she introduces. (shrink)

This paper offers a critical examination of two recent American Supreme Court verdicts, Masterpiece Cake Shop v Colorado Civil Rights Commission and Trump v Hawaii. In Masterpiece the Court ruled against the state of Colorado on grounds that religious bias on the part of state officials undermines government’s authority to enforce a policy that might otherwise be constitutional. In Trump the Court ruled in favor of an executive order severely restricting immigration from seven countries, five of which are Muslim (...) majority. Both verdicts raise important issues concerning fairness and religious freedom. After examining some of the central legal issues in these verdicts I offer a critical assessment of the legal arguments, focusing on how political value judgments played a crucial role in determining the legal outcomes. (shrink)

The problem of religious freedom in Latin America is focused on the distinction between religious liberty and religious toleration. Religious freedom, by definition, must exclude the principle of toleration in religion. In most countries in Latin America, the power and prestige of the State is behind the Roman Catholic Church. Other beliefs and religions are merely tolerated to varying degrees. This and other factors are indications of religious coercion. God has not given any State the (...) power to compel human beings to religious observance. Equal rights to all and special privileges to none is the ideal which, in Latin America, seems to be neither explicitly nor implicitly evident. (shrink)