Religious Freedom Research Articles

Back to the future? The place of the religious ‘other’ in Ismail Gasprinsky’s Islamic utopia

ABSTRACT In 1906, Ismail Gasprinsky (1851–1914), a Crimean Tatar intellectual with ties to the Russian and the Ottoman intelligentsia published his novel The Muslims of the Land of Serenity [Darürrahat Müslümanları], one of the earliest utopian texts in a Turkic language. The narrative uncovers a secret land beyond the Sierra Nevada in Andalusia where some Muslims, having fled after the fall of Grenada in 1492, set up the ideal Muslim state preserving the memory of Islamic Spain over the centuries. This paper discusses factors in the Ottoman literary context that influenced the broad reception of the novel beyond Muslim communities and highlights influences on Gasprinsky from the Ukraine and Russia. After examining the complexities surrounding the religious ‘other’ and its relationship with the external world in Gasprinsky’s utopia, the paper concludes with reflections on the religious ‘other’ contributing to discussions on religious pluralism and freedom within utopian societies.

The origins of ‘civil rights and religious liberties’ in the Belfast-Good Friday Agreement

This article traces the origins of the declaration of rights in the human rights and equality section of the 1998 Belfast-Good Friday Agreement, which secured a fragile peace in Northern Ireland. It sets out in detail for the first time the drafting history of the declaration, set against the complex negotiating history of the Agreement as a whole, describing the multiple actors involved in the evolution of the declaration and their motivations, including republican and loyalist paramilitary groups, feminists and civil rights organisations, Irish and British civil servants and political advisors, as well as the political parties. It thus provides a detailed account of the evolution of human rights thinking at a critical stage of the Northern Ireland peace process. The article argues that it is now more important than ever to understand this history. Although originally conceived as merely declaratory, this declaration has, since the European Union–United Kingdom (EU–UK) Withdrawal Agreement following Brexit, taken on a new lease of life due to the Ireland–Northern Ireland Protocol to the EU–UK Withdrawal Agreement, which accorded the declaration of rights a legal status in domestic and international law that it did not have previously. The article concludes with a reflection on the implications of the history recounted in this article for the future interpretation and application of the Protocol (now, the Windsor Framework), and for the study of the historiography of human rights more broadly, emphasising in particular the extent to which the declaration exemplifies a syncretic rather than an eclectic human rights instrument.

The Violation of the Law and Religious Freedom in the Context of the Case of the Russian Church in Sofia—A Real Legal, Political and Canonical Issue

For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the 20th century with the idea of being part of the complex of the Russian imperial diplomatic body in Sofia and to serve the Russian diplomats, their families and the Orthodox Russian citizens living permanently or temporarily in the Bulgarian capital. However, after its consecration in 1914, disputes began, both regarding the ownership of the church building and the canonical jurisdiction of the church—of the Metropolitan of Sofia or the Holy Synod of the Russian Orthodox Church in Moscow. This dispute culminated in September 2023, with the expulsion from Bulgaria of several Russian and Belarusian clergies serving in the Russian church on charges of espionage in favor of the Russian Federation. The subsequent closure of the church by the Russian ambassador Mitrofanova led to internal and external political tension and ecclesiological chaos in the country. The Russian side violated the Bulgarian Law on Religions, known as the Confessions Act 2002, and directly infringed the Statute of the Bulgarian Orthodox Church. This article provides expert answers to the public law, property rights and canonical issues concerning the case of the Russian church in Sofia, based on the relevant sources of law (ecclesiastical and civil).

Ljudska prava i humanizacija izvršenja kazni u historiji Zapadnog Sibira

The purpose of the study is to compare the Prison Reform of 1879 carried out in Russia with the requirements of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in 1955. The study was conducted on the example of the Tobolsk prison complex of the late XIX – early XX centuries, based on practically achieved results. The sources of the study were the materials of the State Archives of the Tyumen, Omsk, Tomsk regions, as well as the State Archives of the Russian Federation. The methodological basis of the study combines two approaches: modernization and civilizational, using two methods: comparative historical and actualization. The scientific novelty of the work lies in a new look at the Prison Reform of 1879 through modern European standards of the rights of prisoners. The results of the Prison Reform of 1879 were compared with the requirements of the UN on the following grounds: prohibition of discrimination, protection of religious rights, compilation of a register of prisoners, their breakdown into categories, sanitary conditions and nutrition, education, libraries, recreation, work and work of prison inspections. The comparison showed that at the turn of the XIX – XX centuries, the Tobolsk prison complex (“Prison Castle”) was an advanced penitentiary institution of that time, not only generally conforming to European standards of the mid-XX century, but partly surpassing them. The Russian government planned to extend the achieved experience to other places of detention, but the process was interrupted by the revolution of 1905-1907. The results of the study showed that in Russia, the humanization of imprisonment was based not only on the principles of utility and rationalism, but in many respects – on Orthodox ideas of mercy, therefore, initially coincided with future European standards. Meanwhile, some reform measures turned out to be premature, as they were carried out in conditions of exceptional poverty of the rest of the Russian people and the absence of the concept of “human rights” in their lives. This contradiction became one of the links in the system of socio-economic problems that eventually led Russia to revolution.

A Study of Qur'anic Verses on the Concept of Musyarakah: Study of the Contextual Tafsir of Abdullah Saeed

The paper wishes to present a study of verses of the Qur’an relating to cooperation in Abdullah Saeed’s view of profit sharing, an issue in the debate on Islamic banking in Indonesia. Researchers try to examine how Abdullah Saeed’s thoughts elaborate on profit sharing. Abdullah Saeed is an Australian scholar and scholar studying Islamic studies. He is an Omani Arabic and Islamic Studies Professor at the University of Melbourne. He is known for his progressive view on religious freedom in Islam.

Cultural and Religious Equity and Disparity in the Group Climate Experience of Moroccan Girls in Dutch Residential Youth Care Settings.

The group climate within residential youth care institutions is considered a transactional process, both within a group of youth from various cultural backgrounds and between them and their group workers. The ongoing interaction between the cultural characteristics of these girls may influence the quality of the group climate. This study aimed to provide an in-depth account of the living group climate experiences and perceptions of Dutch girls with a Moroccan cultural background in Dutch residential groups. Interpretative phenomenological analysis was employed to explore the girls' group climate experiences. Three major themes emerged, namely (a) level of involvement of Moroccan girls in their living group, (b) perceptions of Moroccan girls' sense of belonging in a living group, and (c) cultural and religious equality or disparity results in two interaction patterns. The findings revealed that equality or disparity in language, culture, and religion affect Moroccan girls' experiences and perceptions of the living group climate. A crucial finding was that cultural and religious disparity leads to interaction patterns wherein the girls pre-emptively exclude themselves from receiving support from native group workers. Professionals must be aware of the cultural and religious dynamics, including the interplay and impact of cultural and religious equality and disparity, influencing Moroccan girls' group climate experiences.

Impartiality, human rights advocacy, and teaching about politically sensitive issues: Squaring the circle

This article first describes and then proposes a practical solution to the professional dilemma between the duty of impartiality and the duty of human rights advocacy that many teachers experience when teaching and talking about politically sensitive issues with students. The article begins by presenting an analysis of the source and signification of the tension between impartiality and human rights advocacy based on evidence from research on teachers’ perspectives, the conceptual literature on teaching and learning about controversial issues, and the legal and ethical framework of education. Then, drawing on scholarship on respect for students’ right to freedom of religion, the article advances and defends set of basic pedagogical guidelines for teaching and talking about politically sensitive issues that permit teachers to maintain a professional stance of impartiality without abrogating their responsibility to act as human rights advocates. Key to squaring the circle between impartiality and human rights advocacy, the article argues, is for teachers to strive to remain descriptive in their treatment of politically sensitive issues and insist on high standards of reasoning and evidence while at the same time respecting students’ right to an opinion, no matter how mistaken that opinion may seem.

Examining Religious Coexistence: Perspectives from the Quran and Hadith in the Context of Bangladesh

Historically, Bangladesh has been host to numerous religious minorities, such as Buddhists, Hindus, Sheiks, Animists, and Atheists. It made a significant contribution to the continuation of social, political, and religious concord among people of many religious views after the liberation war. In varied communities like Bangladesh, religious concord is especially dependent on religious cooperation. This study used a mixed-method approach to investigate the dynamics of religious cohabitation in Bangladesh, depending on Islamic texts, particularly the Quran and Hadith, to provide background. In this study, the concepts and ideals that facilitate peaceful coexistence among various religious groups in Bangladesh are examined through an analysis of pertinent passages and teachings. The study also evaluates Bangladesh's current state of minority groups’ social, political, and religious rights. The study’s conclusions add to the conversation on religious coexistence and provide useful advice for promoting interfaith harmony and understanding in Bangladesh and elsewhere. The outcome demonstrates that Islam places a strong emphasis on treating minorities and individuals of all religions with respect and decency. Bangladesh is a multicultural country that is suitable for coexisting peacefully with individuals of different backgrounds. Regardless of caste or religion, people here are kind and considerate of one another. At times conflicts are seen between Muslims and non-Muslims as people think most of them are personal and political provocations.

“I’m not guarding the dungeon”: faculty members’ perspectives on contract cheating in the UAE

Students are increasingly relying on contract cheating (CC), a phenomenon in which a third party completes the assignment, quiz, or homework for students in exchange for a fee. Using an exploratory qualitative method and underpinned by critical theory and social responsibility theory, this study explored the perceptions of faculty members regarding CC in the United Arab Emirates’ (UAE’s) higher education institutions. In particular, this study addressed how faculty members perceive and deal with CC in contexts where policies towards the practice are absent from higher institution honour codes. Using thematic analysis, the results showed that CC arouses the indignation of faculty and staff to the violation of individual and religious rights. Also, they believe they have a sense of responsibility towards students and the community. The results also showed that faculty members’ hesitation in reporting CC incidents was due to their perceived lack of support from higher administration institutions and the lack of clear procedures in ethical manuals. This paper concludes with practical recommendations for faculty and staff, managers, department heads and decision makers to mitigate this phenomenon proactively.

Margin of Appreciation in Interpreting Freedom of Religion: A Critical Appraisal on Role of European Court of Human Rights

This intricate analysis delves into the discernible inconsistencies characterizing the European Court of Human Rights’ (ECtHR) application of the margin of appreciation (MoA) doctrine concerning Article 9 of the European Convention on Human Rights. The evident absence of explicit guidelines delineating the parameters of the margin, exemplified by the Kokkinakis case, results in a perplexing and contradictory implementation of this legal tool. The Court’s vacillation in standards of review, notably illustrated in Sahin’s and Lautsi’s cases, underscores a jurisprudential ambivalence in matters of religious expression. Moreover, the Court’s oscillation in calibrating the margin, as observed in S.A.S v. France and Eweida and Others v. UK, raises valid concerns about judicial impartiality and potential predilections. The reliance on the absence of European consensus, as seen in cases like Dahlab v. Switzerland and Lautsi v. Italy, introduces an element of interpretive subjectivity that may undermine the robustness of human rights imperatives. In light of these complexities, this analysis calls for a more lucid, principled and judicious application of the MoA doctrine by the ECtHR to ensure the consistent protection of fundamental human rights within the European legal framework.

Taiwanese Churches in Diaspora and Ethnic Identity Formation

This article examines Taiwanese ethnic identity formation in the United States and its endurance in the Taiwanese Christian community. It is argued that the drivers of peak migration (1960s–1980s) have a time-capsule effect on immigrants, an effect that continues to influence present-day immigrant social relations. From the 1960s into the 1980s, Taiwanese immigrants infused their foundational ethnicity-based organizations, such as churches, with the spirit of Cold War-era democracy, self-determination, and anti-communism. For Taiwanese churches, this meant religious freedom is entwined with political freedom of expression. Today, we see the persistence of the time-capsule effect in existing Taiwanese churches. Ethnic boundaries that defined the Taiwanese community during the martial law period continue to shape contemporary social relations in church.

Social Work students’ attitudes toward religious diversity and perceptions of the relationship between religion and Social Work

ABSTRACT In a world characterized by its cultural diversity, religion influences the beliefs, interpretations, actions and behaviors of many people. This study analyzes attitudes toward religious diversity among students of the Degree in Social Work at the University of Alicante (Spain), as well as their perceptions of the relationship between religion and Social Work. The study also analyzes associations between these students’ attitudes and perceptions and their biographical and contextual variables. Thus, the study’s design was of a descriptive and explanatory quantitative nature, and univariate and bivariate. The data collection instrument was a questionnaire comprised of nominal, ordinal and scale variables. 270 students participated, with an average age of 21.2 (SD = 4.57; range: 17–56), and most were women (86%). The results show that, in general, students harbor favorable attitudes toward religious diversity, especially the right to religious freedom, as well as toward public guarantees of religious freedom and equal treatment of people of all faiths. Regarding the relationship between religion and Social Work, students’ perceptions vary depending on their own characteristics. These results are relevant in the context of a discipline that, from a theoretical and professional point of view, has responsibilities in terms of cultural diversity management.

Religious Freedom “with Chinese Characteristics”

Abstract China’s approach to religious freedom is unique. Heavy State regulation and the involvement of the Chinese Communist Party often invite external critique of Chinese religious freedom based on legal commitments outside of China. However, China’s rich legal tradition and textual commitments to religious freedom suggest there is more to learn. Analyzing religious freedom in legal texts and in practice from Chairman Mao Zedong to President Xi Jinping, this article offers a dialectic account of religious freedom with Chinese characteristics. Chinese text and practice regarding religious freedom suggest three enduring constitutional commitments: non-discrimination in religious belief, normalization of religious practices, and resistance to foreign religious influence. Each of these textual commitments correspond to the values found in Daoism, Legalism, and Confucianism—the pillars of traditional Chinese culture. With this understanding of China’s religious freedom approach, the article then offers three implications for strengthening China’s commitment to its own theory of religious freedom by (1) separating State and Party policy on religious registration, (2) removing cult designations from criminal law, and (3) accommodating non-traditional religious organizations to help address social issues.

Legal regulation of confessional relations in Kazakhstan

Multinationalism and the presence of many different religious groups in the country can be causes of inter-ethnic and inter-confessional conflicts. A tool to help avoid them is the implementation of an effective legislative mechanism. The research aims to investigate the legal foundations of confessional relations in Kazakhstan, including constitutional norms, norms of laws and bylaws, and the provisions of international acts in the sphere of relations between the state and religion. The system of methods of scientific knowledge of different levels – from the most general methods to special methods of legal science – was used to implement the goal. The study, the model of state- confessional relations of the Republic of Kazakhstan, its basic principles, as well as the existing legal support of this model were analysed and conducted. The authors concluded that the legislation of the Republic of Kazakhstan regulating confessional relations partially corresponds to international normative legal instruments regulating freedom of religion. In addition, the study showed that the model of state-confessional relations in force in the Republic of Kazakhstan contributes to the observance of citizens’ rights to freedom of religion, the prevention of inter-confessional conflicts among religious groups within the country, and the establishment of peace. The practical significance of the results makes it possible to assess the effectiveness of the current mechanism of legislative regulation of confessional relations and to identify the main problems and ways to resolve them.

Freedom of Religion and Non-discrimination Based on Gender Identity and Sexual Orientation in Ukraine: Corporate Policy Commitments in Situations of Conflicting Social Expectations

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level.

Disability Rights and Religious Liberty in Education: The Story Behind Zobrest v. Catalina Foothills School District by Bruce J. Dierenfield and David A. Gerber

Disability Rights and Religious Liberty in Education: The Story Behind Zobrest v. Catalina Foothills School District by Bruce J. Dierenfield and David A. Gerber

Religious Freedom After the Sexual Revolution: A Catholic Guide by Helen M. Alvaré (review)

Religious Freedom After the Sexual Revolution: A Catholic Guide by Helen M. Alvaré (review)

Judicial Decisions Constraining Public Health Powers During COVID-19: Implications For Public Health Policy Making.

Public health legal powers are increasingly under pressure from the courts in the United States. During the COVID-19 pandemic, individuals and organizations successfully challenged many community mitigation orders (for example, mask mandates, vaccination mandates, and restrictions on gatherings), demonstrating the legal vulnerability of disease control measures. Analyzing 112 judicial decisions in which the plaintiff prevailed from March 2020 through March 2023, we examined the ways in which courts constrained public health powers during the COVID-19 pandemic. We found that in these 112 decisions, courts shifted how they analyze religious liberty claims and reviewed challenges to the exercise of statutory powers by health officials in novel ways. We discuss implications for public health policy going forward, and we recommend ways in which legislatures and health officials can design policies to maximize their prospects of surviving legal challenges.

Meninjau Kasus Intoleransi Beragama dan Gerakan Fundamentalisme Islam Indonesia dari Perspektif Moral Johann Gotlieb Fichte

Religious intolerance cases in Indonesia still occur frequently. This happens due to the minimal awareness of the society. Additionally, it is also caused by the ideology and influence of Islamic fundamentalist groups. Therefore, the author utilizes the thoughts of Johann Gotlieb Fichte to shape societal awareness and highlight the errors of Islamic fundamentalists. The author employs a qualitative-descriptive method, elaborating research findings in descriptive form with sources from qualitative data. Consequently, data collection is conducted through literature review. The author presents five aspects from the research findings. Firstly, the awareness of individuals to use their reason in practicing religion. Secondly, everyone needs to ensure the religious freedom of others due to moral demands. Thirdly, there is a need for encouragement that upholds equality rights. Fourthly, individuals practicing religion need to prioritize morality to achieve common goals. Fifthly, there is a necessity for a language of diversity to be collectively embraced.

Spencer W. McBride. Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom.

Spencer W. McBride. <i>Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom</i>.