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Religious Liberty in Western and Islamic Law$
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Kristine Kalanges

Print publication date: 2012

Print ISBN-13: 9780199859467

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199859467.001.0001

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Between Religion and Law

Between Religion and Law

Politics as an Intervening Variable

(p.102) Chapter 5 Between Religion and Law
Religious Liberty in Western and Islamic Law

Kristine Kalanges

Oxford University Press

Recognizing that the construction and institutionalization of religious liberty rights is at once a political and a legal project, this chapter proceeds in two main sections. The first focuses on the political and socio-cultural processes in Muslim states that have interacted over time to institutionalize Islamic law and identity at national and transnational levels. This history is essential, not least because the modern constitutions of many relevant states were adopted during the 1970s and 1980s amidst struggles marked by Arab nationalism, Islamism, and Islamic identity formation. Hence, in the second section, the constitutional consequences of these historical-political processes are explored via specific examination of religious liberty in the laws and practices of four influential countries—Iran, Turkey, Egypt, and Pakistan.

Keywords:   religious liberty, religious freedom, Muslim states, Islamic law, Islamic identity, Arab nationalism, Iran, Turkey, Egypt, Pakistan

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