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Regulating Religion in Asia
Norms, Modes, and Challenges
Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia.
Jaclyn L. Neo (Edited by), Arif A. Jamal (Edited by), Daniel P. S. Goh (Edited by)
9781108416177, Cambridge University Press
Hardback, published 28 March 2019
340 pages
23.5 x 15.7 x 2.2 cm, 0.61 kg
'The strength of Regulating Religion in Asia lies in its detailed case studies, which show the diversity of different states' relationships with the religions in their jurisdictions. By taking a broad definition of regulation, the book goes beyond the broad constitutional idea of freedom of religion into the complex practicalities of regulating religion. In doing so, the different chapters also highlight the wide variety of political ideologies and the methods of regulating religion, which are practiced by the different states.' Helen Pausacker, Journal of Law and Religion
In recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.
lntroduction: regulating religion in Asia: Part I. Theorizing Regulation: 1. Regulatory markers Arif A. Jamal
2. Conceptualizing the regulation of religion Jaclyn L. Neo
3. The role of authority and sanctity in state-religion conflicts Shai Wozner and Gilad Abiri
4. Jurisdictional vs. official control: regulating the Buddhist Sa?gha South and Southeast Asia Ben Schontal
5. Defining and regulating religion in early independent Indonesia Kevin Fogg
Part II. Regulating Religion: State Practice and Legal Norms: 6. Principled pluralism, relational constitutionalism and regulating religion within Singapore's secular democratic model Thio Li-ann
7. Legal regulation of religion in Vietnam Bui Ngoc Son
8. Regulating Buddhism in Myanmar: the case of deviant Buddhist sects Nyi Nyi Kyaw
9. The bureaucratization of religious education in the Islamic Republic of Iran Mirjam Künkler
10. Managing religious competition in China: case study of regulating social and charitable service provisions by religious organizations Jianlin Chen and Loveday J. Liu
Part III. Challenges to State Regulation: 11. Regulating religion through administrative law: religious conversion in Malaysia beyond fundamental rights Matthew Nelson and Dian Shah
12. Legal pluralism, patronage secularism and the challenge of prophetic Christianity in Singapore Daniel Goh
13. Equality in secularism: contemporary debates on social stratification and the Indian constitution Mohsin Alam
14. Regulating the state and the Hawza: legal pluralism and the ironies of Shi'i law Haider Hamoudi.
Subject Areas: Social law [LNT], Constitutional & administrative law [LND], International human rights law [LBBR], Public international law [LBB], Law & society [LAQ], Law [L]