Yildirim, “The Collective Dimension of Freedom of Religion”

In January, Routledge will release The Collective Dimension of Freedom of Religion: A Case Study on Turkey by Mine Yildirim (Norwegian Helsinki Committee Freedom of Belief Initiative in Turkey). The publisher’s description follows:

collective-dimension-of-freedom-of-religionThe right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights “in community with others”. This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right.

The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.

Almezeini, “The Negotiability of Debt in Islamic Finance”

In December, Brill Publishers will release The Negotiability of Debt in Islamic Finance: An Analytical and Critical Study by Abdulaziz A. Almezeini (Georgetown University Law Center). The publisher’s description follows:

Brill_logoThe challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies.

Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha.

Ramelli, “Social Justice and the Legitimacy of Slavery”

In January, Oxford University Press will release Social Justice and the Legitimacy of Slavery: The Role of Philosophical Asceticism from Ancient Judaism to Late Antiquity by Ilaria L.E. Ramelli (Thomas Aquinas University). The publisher’s description follows:

social-justice-and-the-legitimacy-of-slaveryWere slavery and social injustice leading to dire poverty in antiquity and late antiquity only regarded as normal, “natural” (Aristotle), or at best something morally “indifferent” (the Stoics), or, in the Christian milieu, a sad but inevitable consequence of the Fall, or even an expression of God’s unquestionable will? Social Justice and the Legitimacy of Slavery shows that there were also definitive condemnations of slavery and social injustice as iniquitous and even impious, and that these came especially from ascetics, both in Judaism and in Christianity, and occasionally also in Greco-Roman (“pagan”) philosophy. Ilaria L. E. Ramelli argues that this depends on a link not only between asceticism and renunciation, but also between asceticism and justice, at least in ancient and late antique philosophical asceticism.

Ramelli provides a careful investigation through all of Ancient Philosophy (not only Aristotle and the Stoics, but also the Sophists, Socrates, Plato, the Neoplatonists, and much more), Ancient to Rabbinic Judaism, Hellenistic Jewish ascetic groups such as the Essenes and the Therapeutae, all of the New Testament, with special focus on Paul and Jesus, and Greek, Latin, and Syriac Patristic, from Clement and Origen to the Cappadocians, from John Chrysostom to Theodoret to Byzantine monastics, from Ambrose to Augustine, from Bardaisan to Aphrahat, without neglecting the Christianized Sentences of Sextus. In particular, Ramelli considers Gregory of Nyssa and the interrelation between theory and practice in all of these ancient and patristic philosophers, as well as to the parallels that emerge in their arguments against slavery and against social injustice.

Killeen, “The Political Bible in Early Modern England”

In December, Cambridge University Press will release The Political Bible in Early Modern England by Kevin Killeen (University of York). The publisher’s description follows:

political-bibleThis illuminating new study considers the Bible as a political document in seventeenth-century England, revealing how the religious text provided a key language of political debate and played a critical role in shaping early modern political thinking. Kevin Killeen demonstrates how biblical kings were as important in the era’s political thought as any classical model. The book mines the rich and neglected resources of early modern quasi-scriptural writings – treatise, sermon, commentary, annotation, poetry and political tract – to show how deeply embedded this political vocabulary remained, across the century, from top to bottom and across all religious positions. It shows how constitutional thought, in this most tumultuous era of civil war, regicide and republic, was forged on the Bible, and how writers ranging from King James, Joseph Hall or John Milton to Robert Filmer and Thomas Hobbes can be better understood in the context of such vigorous biblical discourse.

“‘Pouring Jewish Water into Fascist Wine'” (Maryks, ed., trans.)

In January, Brill Publishers will release “Pouring Jewish Water into Fascist Wine”. Volume II: Untold Stories of (Catholic) Jews from the Archive of Mussolini’s Jesuit Pietro Tacchi Venturi edited and translated by Robert Aleksander Maryks (Boston College). The publisher’s description follows:

Brill_logoThe aim of the second part of the project on the impact of the racial laws under the Mussolini regime is to offer the reader a critical edition and an English translation of 139 letters that were exchanged between the victims of those laws (and their relatives and friends) and the Jesuit Pietro Tacchi Venturi (1861–1956) who interceded with the Fascist government in order to circumvent or alleviate various provisions of the 1938 anti-Jewish legislation.

Abbas, “Contemporary Turkey in Conflict”

In December, Edinburgh University Press will release Contemporary Turkey in Conflict: Ethnicity, Islam, and Politics by Tahir Abbas (Royal United Services Institute). The publisher’s description follows:

contemporary-turkeyNew perspectives on ethnic relations, Islam and neoliberalism have emerged in Turkey since the rise of the Justice and Development Party (AKP) in 2002. Placing the period within its historical and contemporary context, Tahir Abbas argues that what it is to be ethnically, religiously and culturally Turkish has been transformed. He explores how issues of political trust, social capital and intolerance towards minorities have characterised Turkey in the early years of the 21st-century. He shows how a radical neoliberal economic and conservative outlook has materialised, leading to a clash over the religious, political and cultural direction of Turkey. These conflicts are defining the future of the nation.

“Advice for Callow Jurists and Gullible Mendicants on Befriending Emirs” (Sabra, trans.)

In January, Yale University Press will release a new translation of Advice for Callow Jurists and Gullible Mendicants on Befriending Emirs by Abd al-Wahhab ibn Ahmad ibn ‘Ali al-Sha‘rani, translated by Adam Sabra (University of California, Santa Barbara). The publisher’s description follows:

Yale UP.jpgThis mirror for princes sheds light on the relationship between spiritual and political authority in early modern Egypt

This guide to political behavior and expediency offers advice to Sufi shaykhs, or spiritual guides, on how to interact and negotiate with powerful secular officials, judges, and treasurers, or emirs. Translated into English for the first time, it is a unique account of the relationship between spiritual and political authority in late medieval / early modern Islamic society.

Tebbe, “Religious Freedom in an Egalitarian Age”

In January, Harvard University Press will release Religious Freedom in an Egalitarian Age by Nelson Tebbe (Brooklyn Law School). )The Center co-sponsored a symposium on Nelson’s book earlier this fall). The publisher’s description follows:

religious-freedom-in-an-egalitarian-ageTensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now.

Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer.

Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.

Around the Web This Week

Here is a look at some noteworthy law and religion news stories from around the web this week:

Zempi & Awan, “Islamophobia”

Last month, Policy Press released Islamophobia: Lived Experiences of Online and Offline Victimisation by Dr. Irene Zempi (Nottingham Trent University) and Imran Awan (Birmingham City University). The publisher’s description follows:

islamophobiaIslamophobia examines the online and offline experiences of hate crime against Muslims, and the impact upon victims, their families and wider communities. Based on the first national hate crime study to examine the nature, extent and determinants of Muslim victims of hate crime in the virtual and physical worlds, it highlights the multidimensional relationship between online and offline anti-Muslim attacks, especially in a global context. It includes the voices of victims themselves which leads to a more nuanced understanding of anti-Muslim hate crime and prevention of future anti-Muslim hate crime as well as strategies for future prevention.