Religious Freedom Research Articles

Examining the Cases Involving Jehovah’s Witnesses in the Philippines: An Insight for Religious Freedom and Church-State Relations

Jehovah’s Witnesses (JW) are well-known for their refusal to engage in various political activities. Hence, the JW were involved in the Philippines’ Supreme Court landmark case of Ebralinag vs. Division, which revolves around religious freedom. Although Ebralinag provides a bountiful discussion on religious freedom and church-state relations, there needs to be more clarity regarding JW’s legal experiences and challenges in the Philippines. Limited attention has been given to reviewing the cases involving this religious group and the policies that affect them. Thus, in this context, the paper compiled and discussed cases where several Philippine laws and policies challenged the JW. The paper identified and looked into six cases wherein the members of the JW and the organization were involved. These cases touch on five policies: flag ceremonies, police power, military service, use of public property for religious purposes, and marriage. the JW used the clause on freedom of religion, right to public education, and freedom of speech as legal vanguards. Examining the cases and policies affecting the JW has presented how the courts weigh religious freedom and state authority and ensure a balance between the two. Moreover, JW cases validate the usual behavior in Philippine jurisprudence concerning religious freedom and church-state relations as both progressive and traditional. Keywords: Jehovah’s Witnesses, religious freedom, secularism, church-state, Philippines

The Rise of Islamophobia in India: Violation of Human Rights and Fundamental Freedom of Indian Muslims

This article examines Islamophobia in India and its impact on the human rights and basic liberties of Indian Muslims. Islamophobia is a new form of racism that has grown out of xenophobia, negative profiling, and stereotyping of Muslims. This article focuses upon the current state of Islamophobia, basic liberties, hate speech, discrimination, and violence against Muslims. These acts of prejudice, animosity, and violence against Muslim communities are major infringements on their human rights and a violation of their religious freedom. The BJP has been promoting a number of evil anti-Muslim policies, including discriminatory citizenship laws, the lynching of Muslims on suspicion of consuming or transporting beef and a ban on communal prayers. We conclude that the institutionalisation of Islamophobia through new laws and policies have a negative impact on Muslims’ human rights and religious freedom in India. Similarly, the media in India also promotes Islamophobia.

Contextualizing Muhammad Abduh’s Thought on Religious Tolerance in Indonesia

Indonesia, characterized by its rich religious diversity, inevitably experiences variations in religious principles. Engaging in religious practices can sometimes lead to excessive fanaticism, resulting in conflicts and divisions within religious communities. To mitigate such challenges, fostering religious tolerance becomes crucial for promoting harmony. This qualitative research employs a library research method, analyzing secondary data sources to explore the concept of tolerance as interpreted by Muhammad Abduh, an Islamic theologian and reformist, in his work “Tafsir al-Manar.” Abduh’s interpretation aligns with Surah Al-Baqarah verse 256 from the Qur’an, emphasizing the importance of mutual respect and the freedom of belief without coercion. Given Indonesia’s context, where Islam is known for its openness, inclusivity, and problem-solving capabilities, studying and embracing the concept of tolerance from “Tafsir al-Manar” is highly relevant. The study concludes that Abduh’s perspectives on religious tolerance can significantly contribute to national harmony and the advancement of humanitarian values in Indonesia.

Islamophobia in Multicultural America: Media Narratives, Challenges, and Muslim Responses

This research examines the phenomenon of Islamophobia in the context of American multiculturalism, focusing on the interactions between media narratives, civil rights challenges, and Muslim community responses. Employing qualitative methods and literature review, this study analyzes the representation of Islam in media, the impact of policies on Muslim rights, and strategies developed by Muslim organizations to counter discrimination. The findings indicate that media plays a significant role in shaping public perception, often reinforcing negative stereotypes. However, Muslim communities have developed innovative approaches to counter these narratives, including the use of digital media and cross-sectoral collaboration. Civil rights challenges reflect the tension between national security and religious freedom, although there are positive trends in the development of more inclusive legislation in some states. Intercultural dialogue efforts demonstrate potential for reducing prejudice, yet still face challenges in expanding their impact. This research concludes that a multifaceted approach is necessary to address Islamophobia and promote an inclusive multicultural society, involving media reform, policy advocacy, public education, and strengthening intercultural dialogue.

Religious Freedom in the Workplace in the Case Law of the European Court of Human Rights

Wolność wyznania jest jednym z fundamentalnych praw podstawowych. Jako prawo człowieka, gwarantowana jest przez prawo międzynarodowe, prawo europejskie, jak i prawa krajowe. Jest to prawo, którego realizacja niesie ze sobą wiele wyzwań, szczególnie w kontekście konfliktu między indywidualną wolnością, równością oraz między autonomią jednostki a kolektywnymi swobodami grup religijnych. Szczególnie interesujące jest zagadnienie jego ochrony w środowisku pracy. Głównym celem artykułu jest zbadanie, czy orzecznictwo Europejskiego Trybunału Praw Człowieka (ETPCz) skutecznie reguluje zagadnienie wolności religijnej w miejscu pracy, zapewniając pracownikom adekwatną ochronę. Przeprowadzana jest analiza art. 9 Europejskiej Konwencji Praw Człowieka ustanawiającego wolność religijną oraz odpowiedniego orzecznictwa ETPCz.

“STOP BEING RACIST”: WHAT MALAYSIANS SAY ABOUT RACE ON SOCIAL MEDIA - A THEMATIC ANALYSIS

In recent years, social media platforms, exemplified by X (Twitter), have evolved into pivotal arenas for individuals to connect over shared interests and advocate for important societal issues collectively. This trend has notably surged since GE15, with these platforms serving as dynamic spaces for Malaysians to actively participate in national dialogues spanning social, political, religious, gender, and human rights topics. Through the medium of posts (tweets), these discussions not only spotlight pertinent issues but also unveil the diverse array of Malaysian perspectives. This study employed Braun and Clarke’s thematic analysis framework to delve into social media conversations among Malaysians concerning race/ethnicity and its intersections. Utilizing publicly available posts (tweets) from January 1 to June 30, 2023, which were linked to significant local events, the analysis unearthed several salient themes. These include (1) Race and Ethnicity in Malaysian Society, (2) The Political Dimensions of Race, (3) Religious Influence on Politics, (4) Social Harmony and National Identity, (5) Media and Public Discourse, and (6) Human Rights and Equality. Collectively, these themes offer nuanced insights into Malaysia's multifaceted socio-political landscape. Despite the sometimes cursory nature of discussions on X (Twitter), the analysis reveals that these themes not only reflect racial/ethnic biases and perpetuate stereotypes and oppression but also underscore the urgent need for inclusive policies, respectful dialogue, and collective action to nurture harmony and equity within Malaysian society.

Protection of Human Rights in Pancasila Democracy

Pancasila serves as the foundation of the Indonesian state and the principal ideology guiding the formulation and implementation of government policies. This research aims to provide evaluative and informative material on Pancasila from a human rights perspective. The study falls within the juridical-normative category, involving the examination of theories, concepts, legal principles, and regulations pertinent to the research subject. Specifically, this research seeks to evaluate and elucidate the human rights dimensions embedded within Pancasila values. Pancasila underscores the protection of individual rights as articulated in the 1945 Constitution, which guarantees fundamental rights such as the right to life, the right to freedom of religion, and the right to education. This study examines the protection of human rights within the context of Pancasila democracy in Indonesia. Utilizing a literature review and an empirical data approach, the article delves into the philosophical and legal underpinnings of Pancasila democracy and its implications for human rights protection in Indonesia. As the state ideology, Pancasila democracy emphasizes the importance of participation, justice, and welfare for all citizens, including the safeguarding of human rights. In Pancasila democracy, the protection of human rights is a paramount responsibility of the Indonesian state. By strengthening law enforcement, ensuring the fair application of laws, and fostering active societal participation, Indonesia can guarantee and respect the rights of every citizen in alignment with the democratic principles of Pancasila.

Education Based On Religious Moderation In The Qur'an

The increasingly complex diversity of society, encompassing variations in religion, tribe, culture, ethnicity, groups, and organizations, if not based on a deep-rooted understanding of religious moderation, can lead to disputes, egoism, intolerance, discrimination, and extremism, making differences seem problematic. Islam teaches that differences are a blessing from Allah Swt. The objectives of this paper are twofold: first, to provide a comprehensive understanding of the concept of education based on religious moderation; and second, to conduct studies to understand and apply the concept of education based on religious moderation in the study of the Qur'an. This research employs library research methods or literature studies, with data collection carried out in several stages, ranging from collecting references to analyzing them. The study focuses specifically on the concept of religious moderation-based education in the Qur'an. The results reveal several key Qur'anic verses that underpin this concept: QS al-Baqarah / 2:143 emphasizes the prohibition of discriminating between people; QS al-Mulk / 67:3 highlights the importance of maintaining the balance of natural phenomena; QS ash-Sham / 91:7-9 discusses moral values; QS al-Hujurat / 49:13 addresses issues of nation and state; QS Luqman / 31:19 promotes moderation in conduct; QS an-Nisa / 4:58 underscores justice; and QS al-Kafirun / 109:1-6 supports the freedom of religion. The study concludes that the concept of moderation-based education in the Qur'an is well-supported by various verses. These findings imply that integrating cultural education based on local wisdom with religious moderation can help individuals appreciate culture as a form of respect rather than a deviation from religious teachings. The author recommends further research on this integrated approach to enhance the understanding and application of religious moderation in diverse societies.

Sharia-based Custom and the Politics of Religious Freedom in Contemporary West Sumatra, Indonesia

Strengthening religious identity politics can be identified as one of the main factors contributing to the decline in religious freedom in Indonesia. While religious identity politics may serve to mobilize certain groups or advance specific agendas, its escalation often comes at the expense of religious freedom and social harmony. Against Indonesia's pluralistic society and decentralized governance system, West Sumatra stands out for its unique blend of Islamic tradition and local adat (customary law), which often challenge the state's legal framework and constitutional guarantees of religious freedom. This article aims to analyze the impact of Sharia-based custom (ABS-SBK)-based identity politics on religious freedom in West Sumatra, focusing on government and social regulations. This study is based on data from interviews, documentation, and analysis of media reports and coverage related to freedom of religion or belief (FoRB) in West Sumatra, as well as a guidebook for the practice of ABS-SBK issued by the Provincial Government of West Sumatra. This article shows that identity politics based on Sharia and local customs has caused many violations of the freedom of religion or belief of minority groups in West Sumatra. In government regulation, local governments have actively enforced mainstream religious and cultural norms and limited expressions and ideas considered contrary to the mainstream. As for the aspect of social regulation, religion-based identity politics is an effective tool for majority groups in limiting the religious freedom of minority groups. Keywords: Identity Politics, Religious Freedom, West Sumatra, Sharia-based Custom, Religious Nationalism

Kirpan Sikh in Indonesian Legal Context

This research delves into the nuanced interplay between religious freedom and legal norms in Indonesia, with a specific focus on the Sikh practice of carrying the kirpan. This ceremonial dagger, integral to Sikh faith and identity, presents a unique challenge within Indonesia's diverse legal and socio-cultural landscape, marked by the country's commitment to Pancasila, which emphasizes religious freedom, unity in diversity, and social justice. By employing a normative juridical approach, this study scrutinizes the tension between the kirpan as a manifestation of religious expression and public safety concerns, utilizing comparative analysis to explore international perspectives and solutions. The investigation reveals a critical need for Indonesia to refine its legal and policy frameworks to more effectively accommodate religious practices like the kirpan. Drawing lessons from countries such as India, the UK, Canada, the US, and Sweden, the research advocates for inclusive legal reforms, enhanced public education, and robust intercultural dialogue. These strategies aim to reconcile the practice of carrying the kirpan with public safety imperatives, reflecting a deeper understanding and respect for religious diversity. The findings underscore the significance of integrating Indonesia's foundational principles of Pancasila into the contemporary discourse on religious freedom and minority rights. The study posits that respecting the kirpan within this ideological framework not only aligns with Indonesia's commitment to diversity and tolerance but also strengthens national unity and social harmony. This research contributes to the broader discourse on balancing religious expression and public safety in pluralistic societies, offering a comprehensive blueprint for policy and legal reforms that honor both religious freedom and collective well-being. It emphasizes the importance of dialogue, education, and legal inclusivity in fostering a society that upholds the dignity and rights of all individuals, irrespective of their religious practices. Keywords: Kirpan, Sikh, Freedom of Religion and Human Rights (FoRB), Criminal Law, Indonesia

Freedom of Religion of Muslims in Finland

Freedom of religion and the right to equality and non-discrimination are significant human and fundamental rights that are currently under-researched in the Finnish context. This article analyses how different legislative and societal structures adversely affect the realisation of positive religious freedom for Muslims in Finland by examining two case studies: freedom of religion among Muslim prisoners, and the impermissibility of headscarves as part of the police uniform. The article argues that although Finnish legislation does not directly limit freedom of religion, it contains structures that hinder the realisation of positive religious freedom for Muslims. These stem from the close relationship between the state and the Evangelical Lutheran Church, and from prejudicial attitudes that manifest together or separately. Such structures may lead to an unequal position for Muslims compared to Christians in society, and can constitute discrimination.

Towards a More Illiberal Pluralism? Reexamination of the Nahdlatul Ulama’s Turn Against Islamic Fundamentalist Groups in Contemporary Indonesia

The rise of Nahdlatul Ulama’s intolerant response to Islamic fundamentalist groups has revived the long-standing scholarly debate on the future of Indonesian pluralism in post-reform era. Some scholars have overlooked that NU's response is contrary to the principles of liberal pluralism because it violates religious freedom for minority groups. Some others argue that such response actually confirm the consistency of NU's stance as a moderate Islamic organization in protecting and advocating religious pluralism in Indonesia. However, only a few scholars have studied how intolerant responses within NU and its various forms are discussed from a more critical, emphatic and comprehensive perspective. This article examines the conflicting response within NU over Islamic fundamentalist movements. This article is a qualitative research that employs a pluralism perspective as its main approach to analyzing the data. Based on a case study of local NU in Jember (East Java), it was found that many elements of NU Jember used a repressive approach in countering Islamic fundamentalist movements. This was due to the disbandment of the FPI, the termination of religious gatherings of the HTI by the State, and the rejection of the establishment of Imam Syafi'i Islamic Junior High School by the Salafis. Some, however, used non-repressive strategy against puritanical preaching of HTI, FPI and Salafi groups that are often considered heretical and in conflict with the belief of other religious groups. As result, the NU’s attempt to protect the religious freedom from fundamentalist attack turned into a threat to principles of pluralism. Indonesia’s religious freedom, I argue, is now in slow but perceptible process of deconsolidation.

Hester’s Private Religion of the Heart: Theocracy and Secularism in The Scarlet Letter (1851)

The Scarlet Letter, Hawthorne’s highly political magnum opus, is concerned with the struggle of its heroine against the overarching Puritan patriarchy, and relates her resistance, denial and finally her reconciliation with the society that had outcast and defamed her. This paper examines the religious transformation in The Scarlet Letter, particularly in its protagonist, Hester Prynne according to the dialectic of subversion and containment. While the Puritan society condemns her acts, Hester subverts aspects of this religious theocracy and contains them in a new light. These points of subversion and containment are the critical focus of this study, as espoused by new historicist Stephen Greenblatt and cultural materialist Jonathan Dollimore. Hester’s subversions include her resilience against the presumption that she has committed a sin, the consecration of her own actions, criticism of predestination and doctrine of grace. Alternatively, her containments present the reader with an alternative political vision that embraces freedom of conscience and individual religion of the heart. Ultimately, this essay argues that Hester, by the end of the tale, displaces the Puritan theocracy and envisions a secular society in which a privatized sphere of activity is granted to individuals to exercise their political and religious liberties.

Kepemimpinan Agama Dan Dialog Antaragama

This research discusses the important role of religious moderation and interfaith dialogue in building a tolerant multicultural society. Using a qualitative approach, specifically through observation and complex literature study, this research explains the close relationship between religious moderation, interfaith dialogue, and the development of a multicultural society. Through theoretical and practical analysis, this research focuses on examining the synergy between religious leadership and interfaith dialogue as effective strategies in implementing religious moderation within the context of a multicultural society in Indonesia, and addressing challenges arising from religious differences. It emphasizes the importance of moderate religious education, the role of religious figures, and strategies of interfaith dialogue in creating harmony amidst religious differences. Findings of this research include: firstly, religious moderation as a principle that is fair, balanced, and tolerant, is key to preventing conflicts and maintaining harmony in a multicultural society. Secondly, the strategic role of religious leadership in promoting religious moderation through inclusive religious education, development of tolerance, and interfaith dialogue. Thirdly, the need for interfaith dialogue to create understanding and respect for religious freedom, as well as to strengthen tolerance through open and constructive interactions. Lastly, the importance of integrating religious moderation values into the curriculum of religious education is essential in shaping a moderate younger generation and supporting the development of a harmonious multicultural society. The conclusion of this research underscores the need for synergy between religious leadership and interfaith dialogue in promoting religious moderation. Interfaith dialogue and moderate religious education are found to be the main pillars in creating a tolerant and harmonious society. Through the integration of religious moderation in education and religious practices, a multicultural society will be able to develop attitudes that are more inclusive, tolerant, and accepting of differences.

New Threats to Sacred Sites and Religious Property

Abstract Over the last 40 years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. Because Native American religious claimants lack an explicit ownership interest in their sacred sites, courts can—and do, consistently—decide in favour of the government as landowner, regardless of anticipated or actual burdens on Indians’ free exercise of religion. In cases involving religious property, competing notions of ownership can enable, or inhibit, religious practice. New threats to Native American sacred sites often follow valuable natural resources that lie above, below, and around tribes’ ancestral lands. Even where faith communities own their sacred sites, religious liberty protections may prove limited. Courts often make judgments about religious property based on their own determinations of what counts as ‘essential’ for faith communities’ free exercise of religion. How legal institutions comprehend religion when evaluating property claims brought by faith communities will often dictate whether, and how extensively, religious liberty protects religious property. Such judicial theologizing can further threaten sacred sites.

Distinguishing Crimes against Morality and Freedom of Religion from Related Elements of Crimes in the Criminal Legislation of Ukraine

The article is devoted to the study of the issue related to the qualification and distinction of crimes against morality and freedom of religion from related crimes elements of in the criminal legislation of Ukraine. The Law on Criminal Liability (Criminal Code of Ukraine) contains a number of crimes that can be related to the crime provided for in Article 178 “Damage of religious buildings or houses of worship” and 179 “Illegal retention, desecration, or destruction of religious sanctities” of the Criminal Code of Ukraine. At the same time, the ratio of adjacent elements of crimes should be distinguished from the competition of general and special norms. As part of the study, a detailed analysis of the signs established in the criminal law, in the presence of which a socially dangerous act is recognized as a crime against morality and religion in Ukrainian legislation, was conducted. By investigating objective and subjective signs, the author differentiates the elements of crimes provided for in Articles 178 and 179 of the Criminal Code of Ukraine from the elements of crimes provided for in Article 161 “Violation of equality of citizens depending on their race, nationality, regional affiliation, religious beliefs, disability, and other grounds”, 180 “Preclusion of religious ceremonies”, 297 “Violation of graves, any other burial place, or a corpse”, 298 “Illegal conduct of search works on the archaeological heritage site, devastation, destruction, or damage to cultural heritage sites” of the Criminal Code of Ukraine.

Politics of Secularisation, Religious Conversion, and “Saving” the (Hindu) Daughter under Hindutva: Re-reading the Hadiya Court Case

This article charts the different modalities of political transgression that marked an act of religious conversion and inter-faith marriage performed by a Muslim female subject in contemporary India, and the subsequent misreading of this transgression; a misreading made possible by liberal political thought’s delineations of the conceptual category of “interest”. Existing legal, political, academic, and popular discourses have read the prominent 2016 event of the conversion of a Hindu woman named Akhila into Islam, as either the “false consciousness” of a “vulnerable” individual whose self-interests were unintelligible to herself, or, as an unambiguous case of a “mature” woman in a “modernising” Kerala “choosing” to opt for an inter-faith marriage and to convert; a liberal idiom of choice that thereby needs to be safeguarded via Constitutional provisions. The article, even while acknowledging the political need to adhere to the latter reading/constitution of the female (Islamic) subject’s sovereign desire to convert, shows some of the limitations of both these ideologically antithetical positions. It argues that the desire of Hadiya (Akhila’s new name after converting to Islam) to convert remains unreadable by both the right-wing Indian judiciary, backed up by Hindutva forces, as well as the “left-liberal” feminist intelligentsia that sought to support her autonomy. In fact, both these ideologically opposed stances often legitimised each other. By examining the legal debates that took place in the Indian courts, the article shows how construing Hadiya’s act of conversion solely through the legal-juridical prisms of “religious freedom” and “choice”, pegged to the concept of self-interest, is vigorously insufficient.

Prawo rodziców do wychowania potomstwa zgodnie ze swoim światopoglądem a wolność religijna małoletnich

The article addresses the issue of the freedom of parents to choose religion for their minor children and to raise their offspring in accordance with their own worldview. The author also refers to the issue of the legal possibility of formal withdrawal of minors from the Roman Catholic Church (apostasy) in Poland. A brief analysis of these issues leads to the conclusion that parents have a legally guaranteed right to raise their children in accordance with their worldview, whereas the lack of procedures enabling minors to formally leave the Church, or for this act to be performed by their parents who have full parental authority over the children, does not violate the right to religious freedom.

O PERFIL DO JUDEU SEFARDITA EM TERRAS AMAZÔNICAS, EM BRASIL, TERRA DA PROMISSÃO DE SULTANA LEVY ROSENBLATT

The objective of this work is to analyze the chronicle of Sultana Levy Rosenblatt, the profile of the sephardic Jewish exposed in the chronicle “Brasil terra da promissão. The belenense writer belonged to a traditional Jewish family and has dedicated to write tales, chronicle and novels. Among those texts, there is the chronicle “Brasil, terra da promissão” (1999), that will be the focus of study in this research. This work portrays the path of struggle and conquest that the Jewish immigrants who arrived in the Amazon from the 19th century on passed through, seeking for religious liberty and atractted by the wealth of the region. This work is linked to the project Ecos sefarditas: judeus na Amazônia that is turned to the Literary texts produced by sephardic-Jewish descendants writers, that sought to register in their works not only the culturals echoes or historic of the sephardic judaism in the Amazon, but the adaptation process of the immigrants in the land that welcomed them. For that end, it will be used the studies of Samuel Benchimol, Regina Igel, Alessandra Conde and others researches.

STRENGTHENING THE SOCIAL AND MORAL CONTEXT OF THE IDEA OF HUMAN RIGHTS AND FREEDOMS IN THE UPDATED CONSTITUTIONS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS

The article focuses on the constitutional changes in the Russian Federation and the Republic of Belarus, aimed at the protection of spiritual and moral values. It is concluded that in the current conditions there is a clear retreat in Western countries from the recognition of the absolute nature of personal (inalienable) rights, and, on the contrary, the adoption of legal measures to limit them and even to establish responsibility for those actions that do not t into the formed mainstream, which is con rmed by the facts of discrimination on the basis of nationality, use of native language, restrictions on freedom of religion, freedom of movement, as well as property rights and others. The author consolidates with the position of those scholars who believe that values are the highest level of social regulation, the basis for the development of personality and maintenance of legal order in society. Attention is drawn to the similarity of the new constitutional norms of the Russian Federation and the Republic of Belarus in terms of strengthening traditional family values, the formation of respect for the feat of arms of the people during the Great Patriotic War, the need to honor the memory of the defenders of the Fatherland, to ensure the protection of historical truth and others. The analysis of amendments and additions to the constitutions of the Russian Federation and the Republic of Belarus convinces us of the desire of our states to preserve the basic constitutional values, to strengthen them, to provide for measures aimed at preventing emerging threats to the unity of society and the erosion of public consciousness.