Contributors: Arif A. Jamal, Jaclyn L. Neo, Shai Wozner, Gilad Abiri, Ben Schontal, Kevin Fogg, Thio Li-ann, Bui Ngoc Son, Nyi Nyi Kyaw, Mirjam Künkler, Jianlin Chen, Loveday J. Liu, Matthew Nelson, Dian Shah, Daniel Goh, Mohsin Alam, Haider Hamoudi.
摘要
In recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.
目次
Introduction: Regulating Religion in Asia — Jaclyn L. Neo & Arif A. Jamal 1-16
Part I – Theorizing Regulation 1 Regulatory Markers — Arif A. Jamal 19-37 2 Conceptualizing the Regulation of Religion: A Preliminary Framework for Inquiry — Jaclyn L. Neo 38-58 3 The Role of Authority and Sanctity in State–Religion Conflicts — Shai Wozner & Gilad Abiri 59-78 4 Jurisdictional versus Official Control: Regulating the Buddhist Saṅgha in South and Southeast Asia — Benjamin Schonthal 79-98 5 Defining and Regulating Religion in Early Independent Indonesia — Kevin W. Fogg 99-116
Part II – Regulating Religion: State Practice and Legal Norms 6 Principled Pluralism, Relational Constitutionalism and Regulating Religion within Singapore’s Secular Democratic Model — Thio Li-ann 119-145 7 Legal Regulation of Religion in Vietnam — Bui Ngoc Son 146-168 8 Regulating Buddhism in Myanmar: The Case of Deviant Buddhist Sects — Nyi Nyi Kyaw 169-186 9 The Bureaucratization of Religious Education in the Islamic Republic of Iran — Mirjam Künkler 187-206 10 Managing Religious Competition in China: Regulating Provisions of Charitable Activities by Religious Organizations — Jianlin Chen & Loveday J. Liu 207-230
Part III – Challenges to State Regulation 11 Regulating Religion through Administrative Law: Religious Conversion in Malaysia beyond Fundamental Rights — Matthew Nelson & Dian A. H. Shah 233-255 12 Legal Pluralism, Patronage Secularism, and the Challenge of Prophetic Christianity in Singapore — Daniel P. S. Goh 256-275 13 Equality in Secularism: Contemporary Debates on Social Stratification and the Indian Constitution — M. Mohsin Alam Bhat 276-297 14 Beyond the State and the Hawza: Legal Pluralism and the Ironies of Shi’i Law — Haider Ala Hamoudi 298-312
