Around the Web

Here are some important law-and-religion news stories from around the web:

  • In M.A. v. Rockland County Department of Health, the Second Circuit sent back to the trial court a free exercise challenge to Rockland County, New York’s, Emergency Declaration barring children who were not vaccinated against measles from places of public assembly. Children with medical exceptions were exempt from the ban. In remanding the case, the Second Circuit stated there were factual issues relevant to whether the Emergency Declaration was neutral and generally applicable and held the district court erred in granting summary judgment in favor of Defendants. 
  • In Barbee v. Collier, the Fifth Circuit vacated and remanded for further proceedings an injunction issued by a Texas federal district court that barred the execution of a convicted murderer, Stephen Barbee, until the Texas Department of Criminal Justice publishes a clear policy on inmates’ religious rights in the execution chamber. Barbee wants his spiritual advisor to pray aloud with him and hold his hand. 
  • In Horizon Christian School v. Brown, the Ninth Circuit held that the free exercise and parental rights challenges to Oregon’s previous Covid restrictions on in-person school classes are moot.
  • In Tucker v. Faith Bible Chapel International, the Tenth Circuit denied en banc review of a panel decision that held that interlocutory appeals from the denial of a ministerial exception defense are not permitted. In the case, a former high school teacher and administrator/chaplain contends that he was fired for opposing alleged racial discrimination by a Christian school. 
  • In Eris Evolution, LLC v. Bradley, a New York federal district court rejected an Establishment Clause challenge to a provision in New York’s liquor laws that allows bars to apply for permits to stay open all night on New Year’s, except for when New Year’s falls on a Sunday. The court concluded that the U.S. Supreme Court’s 1961 decision in McGowan v. Maryland upholding Sunday closing laws forecloses Plaintiff’s claim. 
  • In Khan v. Station House Officer, a Pakistani appellate court held that Pakistan Criminal Code Sec. 295A, which prohibits deliberate and malicious insulting of religious beliefs, was not violated by the petitioner when he told the public that he could fly and that he saw Allah in his dreams. 
  • The U.S. Commission on International Religious Freedom issued a report titled Implications of Laws Promoting State-Favored Religions. The report identified seventy-eight countries with official or favored religions, fifty-seven of which maintain laws or policies that lead to religious discrimination or repression, or that have the potential to do so. 

Khan, “Islamic Banking in Pakistan”

In November, Routledge will release “Islamic Banking in Pakistan: Shariah-Compliant Finance and the Quest to make Pakistan more Islamic” by Feisal Khan (Hobart and William Smith Colleges). The publisher’s description follows:

Islamic Banking and Finance (IBF) has become a growing force over the past three decades, with Pakistan being one of the IBF pioneers by converting to an ‘interest-free’ banking system in 1985. However, since independence in 1947, there has been continual tension over Pakistan’s essential character, between Islamic Minimalists, who favour a Modernist interpretation of Islam, and those who favour an Islamic Maximalist interpretation that sees Pakistan as a model Islamic state.

This book analyses the push to Islamize Pakistan and its financial system by Islamic revivalists, following the early 1947 debates in the original Constituent Assembly to the final 2002 ruling on IBF of the Shariat Appellate Bench of the Pakistan Supreme Court. It examines the practice and theory behind contemporary Islamic, “Shariah-compliant”, banking. It offers extensive interviews with Pakistani Islamic bankers on the state of their industry and how they see it developing, and provides analysis on how the Islamic banks’ customers differ from those of conventional ones.

Presenting a critical analysis of Pakistan’s IBF experience and offering a new insight into Pakistan’s banking industry that illustrates broader political and social trends in the country, this book will be of interest to specialists on Islam, South Asia and International Economics.

“State and Nation-Building in Pakistan: Beyond Islam and Security” (Long et al., eds.)

In September, Routledge released “State and Nation-Building in Pakistan: Beyond Islam and Security” edited by Roger D. Long (Eastern Michigan University), Gurharpal Singh (University of London), Yunas Samad (University of Bradford, UK), and Ian Talbot (University of Southampton, UK). The publisher’s description follows:

Religion, violence, and ethnicity are all intertwined in the history of Pakistan. The entrenchment of landed interests, operationalized through violence, ethnic identity, and power through successive regimes has created a system of ‘authoritarian clientalism.’ This book offers comparative, historicist, and multidisciplinary views on the role of identity politics in the development of Pakistan.

Bringing together perspectives on the dynamics of state-building, the book provides insights into contemporary processes of national contestation which are crucially affected by their treatment in the world media, and by the reactions they elicit within an increasingly globalised polity. It investigates the resilience of landed elites to political and social change, and, in the years after partition, looks at the impact on land holdings of population transfer. It goes on to discuss religious identities and their role in both the construction of national identity and in the development of sectarianism. The book highlights how ethnicity and identity politics are an enduring marker in Pakistani politics, and why they are increasingly powerful and influential.

An insightful collection on a range of perspectives on the dynamics of identity politics and the nation-state, this book on Pakistan will be a useful contribution to South Asian Politics, South Asian History, and Islamic Studies.

Chak, “Islam and Pakistan’s Political Culture”

This September, Routledge Press will release “Islam and Pakistan’s Political Culture” by Farhan Mujahid Chak (Qatar University).  The publisher’s description follows:

Islam and Pakistan's Political CultureThis book explores the ideological rivalry which is fuelling political instability in Muslim polities, discussing this in relation to Pakistan. It argues that the principal dilemma for Muslim polities is how to reconcile modernity and tradition. It discusses existing scholarship on the subject, outlines how Muslim political thought and political culture have developed over time, and then relates all this to Pakistan’s political evolution, present political culture, and growing instability. The book concludes that traditionalist and secularist approaches to reconciling modernity and tradition have not succeeded, and have in fact led to instability, and that a revivalist approach is more likely to be successful.