In February, I.B. Tauris will release “Minority Jurisprudence in Islam: Muslim Communities in the West” by Susanne Olsson (Södertörn University). The publisher’s description follows:
According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.
Ankica Marinović and Dinka Marinović Jerolimov (Institute for Social Research, Zagreb) have posted What about Our Rights? The State and Minority Religious Communities in Croatia: A Case Study. The abstract follows.
In December 2007, three registered minority religious communities in Croatia took a discrimination case against the Republic of Croatia to the European Court for Human Rights (ECHR) in Strassbourg. This paper documents the entire case, from the public announcement of the lawsuit to the final decision of the ECHR, which ruled in favour of the three religious communities. In a broader sense, this case study deals with church-state relations in Croatia and points to some important consequences of the case for religious rights, religious freedom, and governing by the rule of law in Croatia.
Richard W. Garnett (Notre Dame Law School) has posted Religious Freedom and (and in) Institutions. The abstract follows.
This paper is a contribution to a volume of essays dealing with a range of contemporary challenges – challenges posed by new questions, and by new forces – to religious liberty. It considers the role that religious communities, groups, and associations play – and the role that they should they play – in our thinking and conversations about religious freedom and church-state relations. And, its primary claim is that the values and goods that the First Amendment’s Religion Clauses embody and protect are well served by a civil-society landscape that is thick with churches (and mediating institutions and associations of all kinds) and by legal rules that reflect their importance. These institutions contribute in distinctive ways to the reality of religious freedom under law.