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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how South Africa deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in South Africa. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
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.
In our time the study of law and religion is emerging as a wide-ranging and vital academic discipline, with increasingly urgent implications for society at large. Lying at the intersection of a variety of other disciplines ? law, theology, religious studies, political science, sociology and anthropology, to name only the most obvious ? the field of law and religion is generating a burgeoning volume of interdisciplinary and trans-disciplinary research and study. The current volume is proof of this. The discussion of the relationship between law and religion, as seen from a variety of perspectives in Africa, underscores the critical importance of the issues involved in the everyday life of all citizens. It is accordingly vital for governments to take note of the scholarly results that are produced. We hope that this volume will contribute to this aim.
A shared interest of law and religion is the advancement of human flourishing, yet there is no common understanding of what it means for humans to flourish and the means by which to attain a flourishing life. The concept of human flourishing is especially important for Africa, where community and national development compete with forces of conflict and scarce resources. In the broadest sense, the concept of human flourishing focuses our attention on having a comprehensively good or worthwhile life, but various religious and legal traditions suggest different norms for measuring the quality of life and designing the institutional structures that could best facilitate and preserve it.
ÿAfrica continues to be a region with strong commitments to religious freedom and religious pluralism. These, however, are rarely mere facts on the ground ? they are legal, political, social, and theological projects that require considerable effort to realise. This volume ? compiling the proceedings of the third annual conference of the African Consortium for Law and Religion Studies ? focuses on various issues which vastly effect the understanding of religious pluralism in Africa. These include, amongst others, religious freedom as a human right, the importance of managing religious pluralism, and the permissibility of religious practice and observance in South African public schools.
Security is a key topic of our time. But how do we understand it? Do law and religion take different views of it? In this fifth volume in the Law and Religion in Africa series, radicalisation, terrorism, blasphemy, hate speech, religious freedom and just war theories rub shoulders with issues of witchcraft, female genital mutilation circumcision, child marriage, displaced communities and additional issues besides. This unique collection of topics is both challenging and inspiring, providing illumination in troubled times, and forming a sound foundation for future scholarship.
Forgiveness and reconciliation are important moments for the stability of a society and a state. Many African countries have gone through serious social crises in the post-colonial period: genocide, post-election crises, civil and internal conflicts, and outright war. Forgiveness and reconciliation have been necessary to reweave the social fabric and restart the construction of peaceful and prosperous societies. Chapters in this book examine the Truth and Reconciliation Commissions and religious councils aimed at peace, along with African traditional approaches, mediation and arbitration councils, post-conflict contexts, and the roles of women and gender, philosophy and theology, and programs of education for peace.
"Traditional African beliefs, together with African cultural traditions, are enjoying a new-found respect in South Africa, due in large part to the advent of the country's democratic constitution. In fact, a large majority of the South African population adheres to some form of traditional belief, often in combination with observance of other religions. Even so, the traditional faiths are poorly understood and, in spite of constitutional guarantees, receive far from equal treatment, a situation quite at odds with the country's commitment to equality and religious and cultural diversity. Throughout Africa, there is a strong tendency to confound indigenous beliefs with culture. Because religion is always taken more seriously than culture, this means that traditional beliefs do not attract the respect they deserve. While there are numerous works on the subject of religion in Africa, there are no works on traditional African religions and their legal implications. The issue is nevertheless of serious political and legal concern in South Africa, since it raises diverse questions involving freedom of religion, the equal treatment of religions, traditional healing, witchcraft, animal sacrifice, circumcision, marriage and burial. The overall purpose of the title is to consider whether indigenous African religions, independent African churches and traditional practices deserve constitutional protection and recognition by the state. If recognised, they will then become subject to certain state controls and benefits: the need for registration; the licensing of ministers as marriage officers (with consequences for the validity of customary and other marriages); and significantly, of course, tax exemptions. This title thus explores the legal and constitutional implications of traditional religion and, in particular, the state's intervention in religious matters."--Publisher's description.
The Covid‑19 pandemic was global in its spread and reach, as well as in its medical, social and economic effects. In many respects, the global effort to “flatten the curve” produced a flattening of experience around the world and a striking coincidence of similar experiences in countries the world over. The identity, simultaneity and uniformity of experience were also manifest in common concerns at the intersection of law and religion in many nations around the world, including Africa. The lockdowns and closure of religious worship centres – churches, mosques and religious organisations of all sorts – raised questions of freedom of religion and the related concern for freedom of assembly, along with concerns about the relation of religion to science and public health, religious channels of communication and religious provision of social services. After all, health, communications and social services are all areas in which African religious organisations play key roles. Potential tensions around these issues raised further considerations about the nature of religion-state relations, the status of religious authority and whether religious and state actors would work together or at odds in addressing the Covid‑19 pandemic.