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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.
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.
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.
Race and inequality have always been sensitive topics in South African society due to its colonial past, diverse social composition and apartheid legacy of legal discrimination against people on the basis of their skin colour. Racial tensions seem to be escalating in South African society and disturbing racialised rhetoric and slogans are re-entering the political and social landscape. Another disturbing phenomenon has been violent incidents of xenophobia against African immigrants. The question probed by this book is: What perspectives can theology offer in addressing the roots of racism, inequality and xenophobia in South Africa and how can it and the church contribute to reconciliation and a sense of togetherness among South African citizens? Various methodologies and approaches are used to address this question. In chapter 1, Theuns Eloff employs a historical and socio-analytical approach to describe the social context that has given rise, and is still giving impetus to racism and other forms of intolerance in South African society. Nico Vorster approaches the issue of distorted racial identity constructions from a theological-anthropological perspective. Utilising various empirical studies, he attempts to provide conceptual clarity to the concepts of racism, nationalism, ethnocentrism and xenophobia, and maps the various racisms that we find in South Africa. His contribution concludes with a theological-anthropological discussion on ways in which theology can deconstruct distorted identities and contribute to the development of authentic identities. Koos Vorster provides a theological-ethical perspective on social stratification in South Africa. He identifies the patterns inherent to the institutionalisation of racist social structures and argues that many of these patterns are still present, albeit in a new disguise, in the South African social order. Jan du Rand provides in chapter 4 a semantic discussion of the notions of race and xenophobia. He argues that racist ideologies are not constructed on a factual basis, but that racial ideologies use semantic notions to construct social myths that enable them to attain power and justify the exploitation and oppression of the other. Du Rand’s second contribution in chapter 5 provides Reformed exegetical and hermeneutic perspectives on various passages and themes in the Bible that relate to anthropology, xenophobia and the imperative to xenophilia [love of the stranger]. Dirk Van der Merwe’s contribution analyses, evaluates, and compares both contemporary literature and ancient texts of the Bible to develop a model that can enable churches to promote reconciliation in society, while Ferdi Kruger investigates the various ways in which language can be used as a tool to disseminate hate speech. He offers an analytical description of hate language, provides normative perspectives on the duty to counter hate speech through truth speaking and phronesis (wisdom) and concludes with practical-theological perspectives that might enable us to address problematic praxis. Reggie Nel explores the Confessions of Belhar and the Declaration of Accra as theological lenses to provide markers for public witness in a postcolonial South African setting. The volume concludes with Riaan Rheeder’s Christian bioethical perspective on inequality in the health sector of sub-Sahara Africa. This book contains original research. No part was plagiarised or published elsewhere. The target audience are theologians, ministers and the Christian community, but social activists, social scientists, politicians, political theorists, sociologists and psychologists might also find the book applicable to their fields.
This work examines the emergence of the concepts of religion and religions on 19th-century colonial frontiers. It analyzes the ways in which European settlers, and indigenous Africans, engaged in the comparison of alternative religious ways of life as one dimension of intercultural activity.
Revisiting long-standing debates to shed new light on the transition from apartheid, Hart provides an innovative analysis of the ongoing, unstable, and unresolved crisis in South Africa today and suggests how Antonio Gramsci's concept of passive revolution can do useful analytical and political work in South Africa and beyond.
The aim of this book is to provide a way to do justice to an African language of faith. In systematic theology, anthropology and philosophy of religion, similar debates about how to interpret an African language of faith are ongoing. Trying to avoid the ‘othering’ discourses of past generations, scholars are careful to take seriously what people in Africa say without portraying people’s beliefs as weird or backward. Yet, in their desperate attempts to avoid othering, these theologians, anthropologists and philosophers often painfully misconstrue the language of faith in Africa. Understanding the language of faith in Southern Africa is not an easy task. How should we take seriously the form of language that often seems so strange and different? I argue that, after African inculturation theology and black liberation theology, a better way to make sense of being a Christian in Southern Africa is to pay close attention to people’s language of faith. The way in which people speak of the spirit world or powers in Africa appears strange to outsiders, and the sense of community and the holistic worldview differentiates the African way of life from its Euro-American counterparts. When proper attention is paid to the use of concepts like spirit world, power, community and holism, language of faith in Southern Africa is neither as strange as it may seem, nor as romantic. By investigating these distinguishing concepts that colour language of faith in Southern Africa, this book contributes to future projects of both fellow theologians who try to construct a contemporary African theology and those who are interested in theology in Africa given the well-known southward shift of the centre of gravity of Christianity.