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This book takes up the challenge of legally defining religion in contemporary India by investigating the intellectual history of colonial law.
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.
A highly original new history of Muslim political culture across the Indian Ocean from 1739 to 1857. Examining South Asian connections with the Middle East, Rishad Choudhury draws on research in multilingual sources and archives to reveal the imperial entanglements of the hajj pilgrimage to Mecca.
This book speaks to debates in law, constitutionalism, and the making of political identity in modern India. It demonstrates the way the Constitution of independent India draws on and entrenches colonial and communal forms of identifying the Indian people. In turn this undermines the liberal aspirations of the Indian Constitution.
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.
This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection
First published in 1965, The Culture and Civilisation of Ancient India in Historical Outline is a strikingly original work, the first real cultural history of India. The main features of the Indian character are traced back into remote antiquity as the natural outgrowth of historical process. Did the change from food gathering and the pastoral life to agriculture make new religions necessary? Why did the Indian cities vanish with hardly a trace and leave no memory? Who were the Aryans – if any? Why should Buddhism, Jainism, and so many other sects of the same type come into being at one time and in the same region? How could Buddhism spread over so large a part of Asia while dying out completely in the land of its origin? What caused the rise and collapse of the Magadhan empire; was the Gupta empire fundamentally different from its great predecessor, or just one more ‘oriental despotism’? These are some of the many questions handled with great insight, yet in the simplest terms, in this stimulating work. This book will be of interest to students of history, sociology, archaeology, anthropology, cultural studies, South Asian studies and ethnic studies.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Revised version of papers presented at a two day conference on 'Religion in Indian history : ideas, practice and change', held at Jamia Millia Islamia.