Security is a key topic of our time. But how do we understand it? Do law and religion take different views of it? In this fifth volume in the Law and Religion in Africa series, radicalisation, terrorism, blasphemy, hate speech, religious freedom and just war theories rub shoulders with issues of witchcraft, female genital mutilation circumcision, child marriage, displaced communities and additional issues besides. This unique collection of topics is both challenging and inspiring, providing illumination in troubled times, and forming a sound foundation for future scholarship.
This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues.
"Traditional African beliefs, together with African cultural traditions, are enjoying a new-found respect in South Africa, due in large part to the advent of the country's democratic constitution. In fact, a large majority of the South African population adheres to some form of traditional belief, often in combination with observance of other religions. Even so, the traditional faiths are poorly understood and, in spite of constitutional guarantees, receive far from equal treatment, a situation quite at odds with the country's commitment to equality and religious and cultural diversity. Throughout Africa, there is a strong tendency to confound indigenous beliefs with culture. Because religion is always taken more seriously than culture, this means that traditional beliefs do not attract the respect they deserve. While there are numerous works on the subject of religion in Africa, there are no works on traditional African religions and their legal implications. The issue is nevertheless of serious political and legal concern in South Africa, since it raises diverse questions involving freedom of religion, the equal treatment of religions, traditional healing, witchcraft, animal sacrifice, circumcision, marriage and burial. The overall purpose of the title is to consider whether indigenous African religions, independent African churches and traditional practices deserve constitutional protection and recognition by the state. If recognised, they will then become subject to certain state controls and benefits: the need for registration; the licensing of ministers as marriage officers (with consequences for the validity of customary and other marriages); and significantly, of course, tax exemptions. This title thus explores the legal and constitutional implications of traditional religion and, in particular, the state's intervention in religious matters."--Publisher's description.
Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how South Africa deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in South Africa. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
This book investigates the role of religion in the context of the COVID-19 pandemic in Southern Africa. Building on a diverse range of methodologies and disciplinary approaches, the book reflects on how religion, politics and health have interfaced in Southern African contexts, when faced with the sudden public health emergency caused by the pandemic. Religious actors have played a key role on the frontline throughout the pandemic, sometimes posing roadblocks to public health messaging, but more often deploying their resources to help provide effective and timely responses. Drawing on case studies from African indigenous knowledge systems, Islam, Rastafari and various forms of Christianity, this book provides important reflections on the role of religion in crisis response. This book will be of interest to researchers across the fields of African Studies, Health, Politics and Religious Studies. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
ÿ Germany and South Africa experienced drastic social transitions with the fall of the Berlin Wall in 1986 and the end of Apartheid in 1994. This book consists of a collection of essays from German and South African theologians who analyse the role that religious communities had, andÿ are still playing within the respective civil societies. The concept and texture of civil society are analysed; case studies are presented; theological perspectives are given on the relation between church, state and civil society; and guidelines are provided for the healing role that Christian religious communities can play in Germany and South Africa. This book is mainly directed at theologians and scholars in religious studies, however, sociologists and political philosophers may also find the essays informative. Besides the wide variety of theological approaches; sociological and empirical data; and practical theological perspective, the book also yields interesting comparative analysis on two societies in transition.
In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.
