Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.

How can religious freedom be granted to people who do not have a religion? While Indian indentured workers in colonial Trinidad practiced cherished rituals, "Hinduism" was not a widespread category in India at the time. On this Caribbean island, people of South Asian descent and African descent came together--under the watchful eyes of the British rulers--to walk on hot coals for fierce goddesses, summon spirits of the dead, or honor Muslim martyrs, practices that challenged colonial norms for religion and race. Drawing deeply on colonial archives, Alexander Rocklin examines the role of the category of religion in the regulation of the lives of Indian laborers struggling for autonomy. Gradually, Indians learned to narrate the origins, similarities, and differences among their fellows' cosmological views, and to define Hindus, Muslims, and Christians as distinct groups. Their goal in doing this work of subaltern comparative religion, as Rocklin puts it, was to avoid criminalization and to have their rituals authorized as legitimate religion--they wanted nothing less than to gain access to the British promise of religious freedom. With the indenture system's end, the culmination of this politics of recognition was the gradual transformation of Hindus' rituals and the reorganization of their lives--they fabricated a "world religion" called Hinduism.

Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. This book investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.

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.

Religious Diversity, Secularism and Nationhood -- Theorizing Religious Diversity and Secularism -- Contesting Religious Diversity and Secularism -- Spatializing Religious Diversity: Urban Administration, Infrastructure and Emplacement -- The Limits of Religious Diversity: Regulating Full-Face Coverings -- Making Claims to Religion as Culture: The Rise of Heritage Religion.

Regulating Religion: Case Studies from Around the Globe presents, through the inclusion of contributions by international scholars, a global examination of how a number of contemporary societies are regulating religious groups. It focuses on legal efforts to exert social control over such groups, especially through court cases, but also with selected major legislative attempts to regulate them. As such, this analysis falls within the broad area of the sociology of social control and more specifically, legal social control, a topic of great interest when studying how contemporary societies attempt to maintain social order. The factual details about social and legal developments in societies where religion has been defined as problematic include Western and Eastern Europe, Asia, Oceania, and the Americas. This book will be of interest to researchers and students in the sociology of religion, the sociology of law, social policy, and religious studies as well as policy makers.

Heated debates about Muslim women's veiling practices have regularly attracted the attention of European policymakers over the last decade. The headscarf has been both vehemently contested by national and/or regional governments, political parties and public intellectuals and passionately defended by veil wearing women and their supporters. Systematically applying a comparative perspective, this book addresses the question of why the headscarf tantalises and causes such controversy over issues about religious pluralism, secularism, neutrality of the state, gender oppression, citizenship, migration, and multiculturalism. Seeking also to establish why the issue has become part of the disciplinary practices of some European countries but not of others, this work brings together an important collection of interpretative research regarding the current debates on the veil in Europe, offering an interdisciplinary scope and European-wide setting. Brought together through a common research methodology, the contributors focus on the different religious, political and cultural meanings of the veiling issue across eight countries and develop a comparative explanation of veiling regimes. This work will be of great interest to students and scholars of religion & politics, gender studies and multiculturalism.

This volume offers a European overview of the management of religious diversity in prisons and provides readers with rich empirical material and a comparative perspective. The chapters combine both legal and sociological approaches. Coverage for each country includes historical background, current penitentiary organization, and recent changes or trends. In their exploration of legal aspects, the contributors look at such factors as the status of prison chaplains and regulations concerning religious practice and religious freedom. These include meals, prayers, and visits. The sociological analysis examines religious discrimination in prison, church-prison relations, conversion and proselytism, and more. The European coverage includes countries for which such information is seldom available. The book offers readers a better understanding of governance of religion in prisons. This text appeals to students, researchers and professionals in the field.

Scholars from around the globe and across faith traditions consider the impact of Christianity on the regulation of markets and economic systems.

In Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria, Ahmed Salisu Garba provides an account of how states in Northern Nigeria have enacted laws to regulate religious preaching in the spheres of influence. The work examines the debates surrounding the laws and how the state in collaboration with dominant religious groups persecuted members of minority religious in the states. The author applied an argumentative approach to raise and analyse issues relating to the reasonability of the laws in Nigeria, reasons for their enactment, judicial review mechanisms employed in the determination of the reasonability of the laws in democracies, and how they accord with the freedom of religion clause in the Nigerian Constitution.