This thesis examines the important question of whether or not Islamic law and international human rights are compatible and whether Muslim States can comply with international human rights law while they still adhere to Islamic law. The traditional arguments on the subject are examined and responded to from both international human rights and Islamic legal perspectives. The thesis formulates a synthesis between two extremes and argues that although there are some differences of scope and application, that does not create a general state of dissonance between Islamic law and international human rights law. It is argued that the differences would be easier to address if the concept of human rights were positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law. To avoid a simplistic generalisation of the arguments, each Article of the international bill of rights (ICCPR and ICESCR) and some relevant articles of the Convention on the Elimination of all Forms of Discrimination against Women are analysed in the light of Islamic law. The thesis theoretically engages international human rights law in dialogue with Islamic law and then evaluates the human rights policy of modern Muslim States within the scope of that dialogue. The State Practice of six Muslim States is examined as case studies to establish the arguments of the thesis. The thesis concludes, inter alia, that it is possible to harmonise the differences between Islamic law and international human rights law through the adoption of the margin of appreciation doctrine by international human rights treaty bodies and the utilisation of the Islamic law doctrines of maqâsid al-sharî‘ah (overall objective of Sharî‘ah) and maslahah (welfare) by Muslim States in their interpretation and application of Islamic law respectively. It is asserted that Islamic law can serve as an important vehicle for the enforcement of international human rights law in the Muslim world and recommendations are advanced to that effect in the conclusion.

Thesis (S.T.M.)--Dallas Theological Seminary, 2006. / Page [57] blank/missing. Includes bibliographical references (leaves [58]-63).

After the open-door policy, those nearly disappeared religions during the Cultural Revolution were arising again in mainland China. Chinese communist government, at the same time, proposed the religious policy, amended the Constitution to make the freedom of religious belief into the Constitution, and enacted the religious regulations. However, Christian house churches were often persecuted by Chinese communist government with illegal reasons. The goal of religious legal system is to achieve the freedom of religious belief, so, why did the religious persecution continue happening in China? Does the legal system need to be amended? That¡¦s the background of this research. This research uses the five major frameworks of administrative law, which includes administrative principles, administrative organization, limitation of administrative power, administrative remedy, and administrative supervision, to exam the operation of the legal system of the Christian house church management in China. Both document analysis and historical narration are the main research method to figure out what are Chinese communist government¡¦s considerations about ruling house church and what are house church¡¦s claims and requests toward the government. As a result, according to the five major frameworks of administrative law whether there are any improvements on¡§the legal system of Christian house church management in mainland China¡¨, and also to provide suggestions to achieve the goal that is protecting the freedom of religious belief and maintain the order of management at the same time. In this research through the five major frameworks of administrative law, the Chinese coummnist government insists the religious organizations must obey the Chinese communist party and the government, which is the base of proceeding religious government and legislation. As a result, only the patriotic religious organizations are legal; the rights of governmental supervision are too strong; the freedom of religious belief was restricted. Christian house church insists the freedom of religious belief should not be interfered by politics. This has made the house churches illegal, and enforces a ban of house churches. The Chinese communist government and Christian house churches had been lacking of communication for a long time, and the government strictly monitors religious organizations. In responding to the external pressure, the house churches developed certain ways to survive that made it even more difficult for the government to manage. This situation highlighted the recent legal system of religious management unsuitable for the house churches. The Chinese communist government should re-exam their policy on house church management, readjust policy thoughts and amending the legal system, and ensure protection of the freedom of religious belief.

Thesis (S.T.M.)--Dallas Theological Seminary, 2006. / Page [57] blank/missing. Includes bibliographical references (leaves [58]-63).

Thesis (doctoral)--Universität, Osnabrück, 1999. / Includes bibliographical references (p. 298-319).

La biomédecine en tant que médecine nouvelle a changé plusieurs réalités dans son contexte occidental original. Dans d'autres contextes dans le monde où la religion est présente au niveau politique et légal, la question biomédicale peut être problématique puisqu'elle peut entrer en conflit avec la normativité religieuse ou la construction religieuse de la réalité sociale. Dans tous les contextes, il incombe au droit positif de répondre à la question biomédicale tout en trouvant un équilibre entre la demande de solutions médicales et les questions ethico-religieuses. L'analyse du droit de la biomédecine dans les contextes étudiées (Egypte, Israël, Tunisie) s'avère être intéressant à plus d'un niveau.D'abord lors de la production de la norme positive entre Etat et religion. / Biomedecine as a new form of medecine changed many social realities its original context. In others conttexts of the world where religion is present on a political and legal level, biomedecine can be more that problematic as it may be in contradiction with religious rules or religious consturctions of social realities. In all contexts, it' is up to the law to solve these problems and find a way to balance the need for medical solutions and religious and ethical issues.

The present M.A. thesis deals with the role of Jewish religious law in the legal system of the State of Israel. The aim of this work is to describe unique nature of Israeli legal system due to the incorporation of Jewish religious law. The thesis focuses at the marital and divorce law. This legal branch was the most influenced by Jewish religious. The case of agunot, litteraly chained women, was chosen as an example of the application of Jewish religious law in the legal system of a modern country. Agunah is a woman who is not permitted to remarry because she has not been given a divorce list nor she is widowed. The problem of agunot is rather ancient and Jewish scholars have tried to find a solution for many centuries. However, nowadays when society calls for an equality between genders and for standard human rights, this issue is even more pressing than ever before. Hardly is a woman accorded right to human dignity if her husband can keep her at his own mercy. At the absence of systemic legal tool, the whole community, including the Orthodox rabbis, should be willing to exert moral pressure such as banning lenient men from synagogue offices and honors to help women to be released from their marriage. More so because the motive behind withholding a geṭ is in most cases economic or other benefit....

Kommentar zu § 1631d BGB (Beschneidung aus religiösen Gründen, elterliches Sorgerecht), Kommentar zum Urteil des Landgerichts Köln vom 7. Mai 2012 (Strafrecht, Religionsfreiheit) / In May 2012 a misleading decision of the Landgericht (Court of Appeal) Cologne declared that male circumcision in children amounts to be a criminal offence, even if performed lege artis and with the consent of the parents. The article pays attention to the new legislation of December 2012 introduced into the BGB as a legal framework of male circumcision with regard to the right of freedom of religion and the parental rights in education especially for Jewish and Muslims in Germany.