Women's movements in Islamic countries have had a long and arduous journey in their quest for the realization of human rights and genuine equality. The author examines whether discriminatory laws against women do in fact originate from Islam and, ultimately, if there is any interpretation of Islam compatible with gender equality. She investigates women's rights in Iran since the 1979 Revolution from the perspectives of the main currents of Islamic thought, fundamentalists, reformists, and seculars, using a sociological explanation. The disputes about human reason and its relation to revelation can be traced in various Islamic schools of thought since the eighth century AD. However, the disputes have intensified since the eighteenth century when Muslims faced challenges to their faith and social order, brought about by modernity and enlightenment from the West. There were various reactions within the Islamic world. These reflections produced different interpretations of Islam that can be categorized based on their understanding of how compatible Islamic laws are with a specific time and space; as well as how they define the relationship between human reason and revelation. The three major interpretations of Islam within a spectrum are on the far right fundamentalists, in the middle reformists, and on the far left secularists; each having diverse views on the legitimacy and applicability of all Islamic law in modern times, and consequently having various perspectives on justice and gender equality. Accordingly, the author aims to investigate the different interpretations on Islam to find out which interpretations are compatible with the global norms of justice, and hence in accord to women's rights and gender equality. In order to analyze the Islamic thought flows through a sociological perspective, a theoretical model is proposed based on theories of sociology of religion (Peter Berger and Thomas Luckmann), Structuration theory (Anthony Giddens) and struggles related to universal norms of justice (Nancy Fraser, Axel Honneth, Seyla Benhabib). According to this theoretical model, there is a dialectical relationship between individual and structure. Religion, as a factor of structure, defines a framework of interaction for individual agents in personal and social life. Religion also offers a value and meaning system for human beings. On the other hand, human beings examine the patterns of interaction through 'reflexive monitoring,' and employing human reason and rational explanation. Therefore, human beings do not passively accept all patterns of interaction. In this model of dialectical relationship between individual and structure, justice means providing equal access to political, economic, and cultural resources in society and in the family. On this matter, the Universal Declaration of Human Rights and the Convention on the Elimination of all Forms of Discrimination Against Women provide practical and universal criteria for the protection of human and women's rights, and ensure gender equality in society. Following the theoretical model, the research aims to reconstruct the main interpretations of Islam in three core issues of Islamic law, human reason, and women's rights considering universal norms of justice.
Following the tragic events of the Christchurch shooting on 15th March 2019, New Zealanders projected a national image of hospitality towards Muslim New Zealanders, involving an Islamic call to prayer in Parliament, and women wearing hijab in solidarity – unique public demonstrations of compassion and inclusion. In 2020, the New Zealand government will raise its refugee quota to 1,500 refugees per year as part of its United Nations obligations and remove its race-based aspects [1]. Globally, there are vast displacements of people fleeing persecution and economic oppression [2]. Arguably, despite its small refugee resettlement quota, New Zealand appears hospitable. Yet our study reveals a context within which negative economic, social and political factors dominate policy and practices. It similarly highlights ways in which New Zealand's hospitality towards refugees is paternalistic and interventionist, even if not deliberately [3]. 'Being hospitable' is typically defined as a social relation that accompanies the ideologies and unconditional practices of 'welcome' [4]. As an act of welcome, hospitality gives ethical recognition to the stranger. This practice of hospitality enables and resonates a feeling of belonging and inclusion. However, the intrinsic nature of hospitality may foster exclusion as well as inclusion. The Christchurch incident arose from an act of unwelcome and a false sense of security from authorities as previous discrimination reported by the local refugee Muslim community was ignored. As such, key questions remain about how hospitable New Zealand is to refugees. When refugees are resettled into a destination, refugee-focused service providers (including not-for-profits, community groups and NGOs) offer frontline services to ease refugees' experiences of trauma and marginalisation. They provide advocacy and welcome through reception processes, translation services and multicultural centres. We facilitated a national think tank attended by 34 refugee-focused service providers to examine how they practice a hospitable welcome through their advocacy and frontline services and how the welcome could be improved. Participants identified the need for greater collaboration and communication between refugee-focused service providers to enhance trust, relationships, to enable former refugees to feel safe in voicing their concerns and access services, and to reduce the competition and duplication of service provision in the face of scarce funding. They also recognised the need to increase attention to the notion of welcome and advocacy by adopting practices from non-interventionist actions that draw on the notion of welcome as empathetic, warm and connecting, with minimum rules, and to centre refugee voices with their active participation in policy development, service delivery and social inclusion activities. Participants also advocated continued efforts by the media and wider community to reduce discrimination and negative social dialogue around refugees and to encourage their social inclusion. To achieve these outcomes, participants raised the need to address the important issues of underfunding and strategy underpinning the delivery of refugee-focused service provision. Overall, our findings suggest that beneath the initial welcoming surface, an alternative perspective may be concealed that restricts us from providing a broader inclusive hospitality and welcome into Aotearoa New Zealand. To bridge this potential impasse, a more humanistic approach is potentially required, where refugees actively co-create the critical framing of hospitality [5, 6] to better support their resettlement.
Chapter 1. Introduction: The Ambiguity of Leadership and Politics -- Chapter 2. Machiavellian Leader Effectiveness: The Protective Role of Social Astuteness -- Chapter 3. An in-group Favoritism and Belonging in the Minimal Group Paradigm -- Chapter 4. Changes in the World of Work: An Austrian Investigation -- Chapter 5. Political Leaders and Relevant in-group Threat Can Determine Whether Negative Attitudes Toward Muslims and Jews Are Perceived as Relatively Truthful or Prejudiced: An on-line Experimental Analysis -- Chapter 6. Line of Sight: The Nature and Dynamics of Organizational Strategy's Internal Dimensions -- Chapter 7. Unethical Pro-organizational Behavior and Flourishing: An Investigation of Why, How, and Under What Circumstances -- Chapter 8. Servant Leadership as an Enhancer of Sustainable Development and Customer's Attitude to Sustainability in the Hospitality Industry -- Chapter 9. The Myth of Strategic Leadership -- Chapter 10. Dark Triad Personalities and Political Skill: Testand Amplification of Toxic Career Theory -- Chapter 11. Politics and Workplace: Social Identity, Collective Self-esteem, and Intergroup Discrimination -- Chapter 12. The Intersection of Race and Gender Within Leadership: Implications for Organizational Politics -- Chapter 13. Theorizing Favoritism -- Chapter 14. Prejudice Against Asians: The Role of Belonging as a Predictor and an Outcome of Intergroup Discrimination Against Asians in New Zealand -- Chapter 15. Emotion of Politics (Unity) Versus Politics of Emotions (Division): Black Panethnicity Among Native and Foreign-born Blacks -- Chapter 16. Violence in the Workplace -- Chapter 17. Leading Change by Leveraging Cultural Strength: When Religious Leaders Champion Gender Equity with Religion as a Strength -- Chapter 18. The Language of Political Violence in Northern Ireland -- Chapter 19. The Psychology of Populism: Tribal Challenges to Liberal Democracy -- Chapter 20. Democratic and Populist Leadership: Between Democracy and Autocracy -- Chapter 21. Recognising Leadership Potential: Looking Beyond Comparative Perspectives on Aid -- Chapter 22. A Controversial Cloak for Controversial Actions: The Unitary Executive Theory and Donald Trump's Populist Presidency - - Personality, Politics, and Perceptions -- Chapter 23. Qualitative Research on Leadership and Politics: A Critical Theoretical Reappraisal -- Chapter 24. The Performance of Women Analysts in Earnings Call Conferences: A Textual Analysis -- Chapter 25. The Challenge of Artificial Intelligence in Marketing for Leaders: Understanding and Managing Ethical Risks.
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A pioneering comparative study of migrant death markers across the British and Irish worlds and what they can tell us about notions of 'home'Sets out an innovative agenda for comparative analysis of death markers in different parts of the formal and informal British EmpireProvides analyses based on hundreds of thousands of gravestones and memorial markers in the UK and Ireland, Australasia, Asia, Africa and the AmericasInvestigates the effects of religious identities in death and how they differ between memorials in Britain and IrelandAs British and Irish migrants sought new lives in the Caribbean, Asia, North America and Australasia, they left a trail of physical remains where settlement occurred. Between the 17th and 20th centuries, gravestones and elaborate epitaphs documented identity and attachment to their old and new worlds. This book expands upon earlier examination of cultural imperialism to reveal how individuals, kinship groups and occupational connections identified with place and space over time.With analyses based on gravestones and memorial markers in the UK and Ireland, Australasia, Asia, Africa and the Americas, the contributors explore how this evidence can inform 21st-century ideas about the attachments that British and Irish migrants had to 'home' – in both life and death.The book explores aspects of sociolinguistic difference evident in death markers and offers some insights into how growing literacy amongst migrant communities shaped the form of grave epitaphs. It expands upon earlier analyses of cultural imperialism to see how individual families and kinship groups identified with place and space over time and discusses how post-medieval archaeology from a range of death landscapes highlight difference rather than uniformity – including influences by Dutch, Jewish, Muslim and non-religious norms upon memorialisation practices. It also reveals how women and children, often marginalised voices in imperial scholarship, were as likely to be provided with more elaborate death markers than their male counterparts and challenges ideas of chain migration by demonstrating that families often moved to different, rather than similar, destinations overseas
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Part I. Global contemporary security trends and the Middle East. Perspectives on Middle East security: An introduction / Anders Jägerskog, Michael Schulz, and Ashok Swain ; Shifts in the global political and economic landscape and consequences for the Middle East and North Africa / Alexander Atarodi ; Conflicts in the Middle East and North Africa: An attempt at reframing / Joost R. Hiltermann ; US Middle East policy / Stephen Zunes ; External intervention in the Gulf / Matteo Legrenzi and Fred H. Lawson ; The security implications of the Israeli-Palestinian conflict / Michael Schulz ; The future of Iraq's security / Ibrahim Al-Marashi ; Security and Syria: from "the security state" to the source of multiple insecurities / Philippe Droz-Vincent ; Humanitarian aid to a Middle East in crisis / Roger Hearn ; Peacebuilding in the Middle East / Karin Aggestam and Lisa Strömbom -- Part II. Energy, resource issues and climate change as security issues in the Middle East. The water-energy-food nexus in the MENA region: Securities of the future / Martin Keulertz and Tony Allan ; The multidimensional aspect of water security in the Middle East and North Africa / Neda A. Zawahri ; Food security in the Middle East / Hussein Amery ; Climate-related security risks in the Middle East / Dan Smith and Florian Krampe ; The Nile and the Middle East: Interlinkages between two regional security complexes and their hydropolitical dynamics / Ana Elisa Cascão, Rawia Tawfik and Mark Zeitoun ; Water and security in the Middle East: Opportunities and challenges for water diplomacy / Martina Klimes and Elizabeth A. Yaari -- Part III. Migration, political economy, democratization, identity and gender issues and security in the Middle East. Large-scale population migration and insecurity in the Middle East / Ashok Swain and Jonathan Hall ; Security and political economy in the Middle East / Raymond Hinnebusch ; The governance deficit in the Middle East region / Michelle Pace ; The halting process of democratization in the Arab world: Current challenges and future prospects / Hamdy A. Hassan and Hassanein T. Ali ; Democracy and security in the post-Arab Spring Middle East / Rex Brynen ; Sunni-shiʹi relations and the Iran-Saudi security dynamic / Simon Mabon and Nic Coombs ; Muslim women and (in)security: A Palestinian paradox / Maria Holt.
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Preliminary material /John J. Betancur and Cedric Herring -- Reinventing Race, Reinventing Racism: An Introduction /John J. Betancur and Cedric Herring -- Critical Considerations and New Challenges in Black-Latino Relations /John J. Betancur -- Juntos Pero No Revueltos: Race, Citizenship, and the Conundrums of Latinidad /Tomas Almaguer -- Public Housing Redevelopment and the Displacement of African Americans /Edward G. Goetz -- Problems of Racial Justice in Portland, 1968–2010: Revisiting the City's "Kerner Report" /Karen J. Gibson -- After the Storm: Race and Victims' Reactions to the Hurricane Katrina Aftermath /Hayward Derrick Horton , Melvin Thomas and Cedric Herring -- Race, Class, and the Restructuring of Urban Community Development /Douglas C. Gills -- Fairness on the Job: Skin Tone, the Beauty Myth, and the Treatment of African American Women at Work /N. Michelle Hughes and Cedric Herring -- Training Black Media Makers after Kerner: The Black Journal Workshop /Devorah Heitner -- "Illegals Under Fire": Analyzing U.S. News Frames of Latina/o Immigration and Immigration Rights (1997–2007) /Isabel Molina-Guzmán -- Muslims in the Global City: Racism, Islamophobia, and Multiracial Organizing in Chicago /Junaid Rana -- New Configurations of Racism after 9/11: Gender and Race in the Context of the Anti-Immigrant City /Elizabeth L. Sweet -- Gang Members, Juvenile Delinquents, and Direct Democracy /Lisa Marie Cacho -- Racial Disadvantages and Incarceration: Sources of Wage Inequality among African American, Latino, and White Men /Kecia R. Johnson and Jacqueline Johnson -- Casualties of War: The War on Drugs, Prisoner Re-entry and the Spread of HIV/AIDS and Hepatitis C in Chicago's Communities /Cedric Herring -- Marching in March: Early Participation in Chicago's Immigrant Mobilization /Angela Mascarenas and Cedric Herring -- From Political Novice to Veteran: Youth Participation in the Immigrant Mobilization /Loren Henderson -- Race, Poverty, and Disability: A Social Justice Dilemma /Yolanda Suarez-Balcazar , Fabricio Balcazar , Tina Ritzler-Taylor , Asma Ali and Rooshey Hasnain -- Conclusion: Racism and Neoracism: Contributions of This Book /John J. Betancur -- Index of Names /John J. Betancur and Cedric Herring -- Subject Index /John J. Betancur and Cedric Herring.
Islam is major religion in the three categories of another samawi religions in the world, containing syariat teachings such as hijab (veil), polygamy, maintaining a halal and good diet, limiting mixing between men and women and so on. Various problems that arise among Muslims about the teachings of the Syariat, some are compliant with the Syariat and some are violate it to the point of cornering Islam in the eyes of other religions. While infact other samawi religions also have syariat teachings that are not much different from the Islamic teachings that we follow. Therefore, this study aims to identify the concept of samawi religious teachings according to Will Durant through his work The Story of Civilization so that the similarities and differences between the religions can be indentified. Another goal in this study is that every application of the law that concerning the application of religious law is actually not only Islam, but in reality in other samawi religions, the Shari'a has been set which is not much different. The methodology of this study is qualitative through the method of literature and content analysis design of the book The Story of Civilazation. This study found that there are similarities in the concepts of the teachings of the samawi religion (Jewish, Christian/Christian and Islamic). Although some concepts the teachings of the syariat are not explained in detail by Will Durant on some religions, as he is more focused on history, politics and the concept of faith. Another goal is that every application of the law that leads to the application of Islamic law is actually not only Islam but in essence other divine religions have also been stipulated by the Shari'a which is not much different. This research proves this. Therefore, this study can give us understanding that if the concept of sharia teachings in this heavenly religion is carried out correctly, then there will be no difference between human beings but will be a form of religious tolerance, especially to Islam.
Pencitraan yang dilakukan kandidat presiden bisa terjadi dalam berbagai media. Salah satu media yang jarang dipakai tetapi unik adalah melalui video klip Goyang Jempol Jokowi Gaspol dan The Power of Emak-Emak. Penelitian ini menggunakan segitiga makna semiotika C. S. Pierce yaitu representamen, objek, dan interpretan, guna mengungkap interpretasi tersembunyi dari video klip politik tersebut. Penggunaan konsep ini dibatasi pada interpretan pada gambar dibandingkan pada lirik lagu. Jenis penelitian adalah deskriptif kualitatif agar dapat mendukung teori semiotika untuk mengungkap makna dari kedua video klip tersebut. Hasil penelitian menunjukkan bahwa Jokowi direpresentasikan sebagai sosok merakyat yang selalu didukung masyarakat, dekat dengan generasi milenial, dan sosok yang tidak anti Islam. Sedangkan Prabowo direpresentasikan sebagai sosok yang dicintai para emak-emak, sosok yang dekat dengan ulama dan umat Islam, dan sosok yang bisa memberikan solusi dari masalah-masalah yang muncul sejak pemerintahan Jokowi. Video klip yang digunakan oleh Jokowi dan Prabowo memiliki penggambaran citra yang ingin ditonjolkan guna memenangkan pemilihan presiden. A presidential candidate's political imaging can take many forms. One of the unique media that is rarely used is video clips, such as Goyang Jempol Jokowi Gaspol and The Power of Emak-Emak. This study used triadic relations, from C. S. Pierce's semiotics, between representamen, objects, and interpretants, to uncover hidden interpretations of the political video clips. The research was a qualitative descriptive study to support the theory of semiotics to reveal profound meanings in the video clips. The use of this concept was limited to interpretants in images rather than song lyrics. The results of this study found that Jokowi was represented as a populist figure who was always supported by the community, close to the millennial generation, and not anti-Islam. Meanwhile, Prabowo was represented as a figure who was loved by Indonesian women, close to ulama and Muslims, and can provide solutions to problems that have emerged since Jokowi's administration. The video clips used by Jokowi and Prabowo contained highlighted images of both candidates to win the presidential election.
AbstractCross-generational sexual relationships are a major route of transmitting HIV and STI between older and younger generations. However, previous research has focused mainly on the young women in these relationships. This study examined the characteristics of men engaging in non-marital sexual relationships with girls aged 15–19 in Nigeria. The data were drawn from the 2013 Nigeria Demographic and Health Survey, and the analysis was restricted to a sub-sample of 7557 men aged 30–49 who were sexually active in the 12 months prior to the survey. Data analysis was carried out using frequency distributions, chi-squared tests of association and binary logistic regression. It was found that 9.5% of men aged 30–49 reported engaging in cross-generational sexual relationships. Also, being older (OR = 0.35), married (OR = 0.37), having secondary or higher education (OR = 0.70; 0.59) and having sexual debut between ages 18 and 30 (OR = 0.73) were associated with a lower likelihood of having cross-generational sexual relationships. However, Muslim men (OR = 2.10), men from Igbo (OR = 1.90), Hausa/Fulani (OR = 8.47) and Northern and Southern minority tribes (OR = 4.73; 2.49), men living in rural areas (OR = 1.34), men who were over the age of 30 at sexual debut (OR = 2.67) and those with 2–4 and 5 or more lifetime sexual partners (OR = 1.43; 1.58) were significantly more likely to engage in cross-generational sexual relationships. Addressing the challenges of cross-generational sexual relationships can be an effective strategy to reduce the menace of HIV and STI transmission. Men who have low education, those aged 30–34 years, those who initiated sex at an older age, rural dwellers and those who have had several lifetime sexual partners need to be targeted while designing and implementing programmes and policies to reduce cross-generational sexual relationships in Nigeria. These interventions must also take into account the religious and cultural attitudes towards cross-generational sexual relationships, and further investigations should identify men's motives for engaging in the practice.
This study offers an interpretation of political change in Israel through an examination of amendments to Israel's personal status laws (PSLs) - ""laws governing marriage, divorce, death, inheritance, and adoption. I found that separate ethno-religious groups, including Arab Muslims, non-Western Jews, and non-religious persons (including some secular Jews), do not enjoy equal access to the civil right of marriage and divorce that citizens commonly enjoy within other Western liberal nations. Marriage and divorce within Israel are only accessble through, and sanctioned by, religious institutions. I argue that Israel's PSLs reflect a significant paradox within liberalism, namely the inherent tension between the state's guarantee of religious rights versus the constitutional protection of citizens' civil rights. My research begins within political theory, grounded in theories of liberalism, biopolitics, nationalism, and post-colonial studies. Part one traces the history of Israel from the late Ottoman period through the founding of the State in 1948, with consideration paid both to Israel's founders (and the political Zionisms they espoused) and to political Zionism's critics (including Hannah Arendt, Isaiah Berlin, and Judith Butler). I then turn to a examination of Israel's PSLs, asking what is at stake when a liberal, democratic nation bases its laws governing marriage and divorce upon religious law rather than developing civil laws governing these institutions. Part two considers four legal arrangements caught in a crucial political paradox: laws and programs regulating the lives of women, laws outlawing polygynous marriages, changes in laws surrounding exogamous and cross-border marriages, and the treatment of Ethiopian Jews under the law. Each of these cases demonstrate the ways PSLs are used to address growing concerns over the security and national identity of the Jewish State. Through these four examples, Israel's concerns over national identity, citizenship, and security become manifest, and one important instance of the paradox of liberalism comes into focus. Ultimately, while Israel is unique as the world's only Jewish state, Israel becomes understandable as a liberal state experiencing many of the same anxieties and internal liberal problematics experienced by other states as well. ; Ph. D.
This thesis addresses general questions about the relationship between the making of gender, the politics of national and ethnic identities, local - global articulations and the process of cultural transformation amongst Muslim Tausug and Sama communities in Sulu, the Southern Philippines. Specifically, I am concerned with the meaning, and experience, of the bantut, transvestite / transgender, homosexual men in Sulu. There is a long tradition of transvestism and transgendering in island Southeast Asia, where transvestites were considered to be sacred personages, ritual healers and/or, as in Sulu, accomplished singers and dancers who performed at various celebrations and rites of passage: embodiments of, and mediatory figures for, ancestral unity and potency. More recently, however, transvestites have emerged as the creative producers of an image of beauty defined in terms of an imagined global American otherness. This thesis is an attempt to understand and explain this phenomenon. In particular, I explore the relation between the collective endowment of the bantut as the purveyors of beauty, and their symbolic valorisation as impotent men and unreproductive/defiling women: those who are seen to have been overexposed to and transformed by a potent otherness. What is ultimately at stake, I argue, (and what is being asserted through the symbolic circumscription of the bantut) is local persons' autonomy over the process and consequences of cultural and political transformation in the face of the exclusionary violence of state enforced assimilation. However, the thesis is also concerned with the expressed transgenderal projects of the bantut themselves, a project which is variously about status and gender transformation, the elation and pleasure they experience in the production and performance of beauty, and the attempt to overcome the prejudice of the local populace, whilst establishing relationships that are based on mutuality and shared respect. What this thesis demonstrates is that there is nothing ambiguous about ambiguity, sexual or otherwise. Rather, it is the specific product or effect of different historical relations of power and resistance through which various cultural subjects are created and re-create themselves.
What is the Islamic republic? Can traditional Islamic laws be reconciled with the demands of economic development? How reactionary or progressive socially would such a state be? And overall, how potent is the appeal of reviving Islam? This interview has been joined by Prof. Aziz from Malaysia, Professor Anwar Abdel Malek from Paris, Dr. Majid Tehranian from Oxford, and Dr. Haleem from London. What is the Islamic revival? The four learned doctors and professors shared their views. Prof. Aziz suggested that it actually depends on how individual look at it. Dr. Haleem commented that there was no other religion able to progress in the Middle East besides Islam. The Middle East people failed to experience the happiness of westernization but dictatorship. Dr. Tehranian shared his opinion that there is a fundamental impulse that the Middle East people are attempting to go to the purity and justice of pristine Islam and to reconcile the principles and spirit of Islam with the new influences around the world. However, Prof Malek commented that it is difficult to determine the Islamic revival by randomly fixed a date because Islamic revival started much earlier, which was in 1952. How does the Islamic teaching being reconcile with the modernization speed in Malaysia? Is there an alternative banking system besides the western banking system? What is Islamic taxation rules are regulations? How do the Islamic law and the Islamic penalties work? What are the views of the outside world regarding this issue? And what are these learned professors' views on the status of women in the society in today's world? There was a short discussion on Ayatollah Khomeini and what are the influences of this Iranian revolution on other societies. The Islamic countries are now working towards re-establishing their Islamic identity. No doubt that Ayatollah Khomeini will be a great inspiration to any movement. It will bring a great upsurge of fervor and the fervor that will strengthen the faith of the Muslim activist and cause a radical change, a change that does not involve only in political, but cultural and religious as well.
Profound changes in politics, the structure of internal affairs and culture during recent decades have led inside Islam to the problem of the "Aggiornamento" — the adjustment to a knowledge of the demands of the times and the adaptation and practice of religion in a new industrial milieu — in a way similar to what happened within the Catholic Church. The charismatic period of primitive Islam is recalled. In Egypt especially, which is the centre of efforts at reform, the connection between Socialism and Islam is a point of interest. Political factors (Colonialism) and matters of domestic economy did not result for Islam, as they frequently did for Christian Europe, in a conflict between the political demands of the working class and religious allegiances. One can speak of Islam as "system neutral". At the same time there is taking place, to use Bultmann's terminology, a "demythologising". The teachings of the Koran are explained in terms of modern thought and the traditional exposition of them is criticised. The old mysticism and asceticism still survive alongside this rationalism, together with the forms of their degeneration. A particular tendency is the close connection between Sufism and Pantheism observable today in Iraq and Persia. The Muslim Brotherhood can be held up as an example of a political offshoot of Sufism. The picture of Islam which the European has is even today stamped with prejudices dating back to the time of the Crusades, whereas Islam has in its favour, by reason of its recognition of the New Testament as valid revelation, a certain tolerance with regard to Christ which formerly was only broken with for purely political motives. Various problems of adjustment reveal themselves in situations of everyday life; co-education for men and women in schools, the form in which prayer shonld be performed — here one discerns even stronger resistance of Orthodoxy. But efforts will be made during the transitiou to a mass society to prevent the kind of friction and estrangement between Church and State which took place in 19th century Europe. Islam could, through adjustment to modern life, win a new missionary attractiveness, especially among the peoples of Central Africa.
The article analyzes the decision of the German Federal Constitutional Court in January of 2015, related to two constitutional appeals of two Muslim teachers who wanted to use the veil during the exercise of their work in the school. The BVerfG will annul a paragraph of art. 57.4 of the Education Act of the Land of North Rhine-Westphalia, which prohibited teachers from wearing the headscarf, while permitting the use of Christian and Jewish religious symbols, as contrary to the constitutional right to religious freedom (art. 4 of the German Constitution), art. 3 GC, the right to equal treatment and non-discrimination by religion and by race (Article 3 GC), and contrary to equality in access to civil servants (Article 33 GC). This decision is having a great impact in the inclusion in the German society of the Muslim women citizens with origin in the immigration. The article reflects the legal consequences and the immediate application of this doctrine in lower courts. The study focuses on the use that the BVerfG makes of the techniques of legal argumentation, weighting, proportionality principle, and principle of practical agreement, to resolve fundamental rights in conflict. The BVerfG makes an innovative use in the weighting of the DF, on the one hand the rights related to teachers, such as equality of treatment and parity of religions in a social context of growing religious pluralism, the principle of non-discrimination by Religion, equal access to civil service, non-discrimination of women. On the other side of the balance, they will be placed; the right of religious freedom of the pupils and the right of education of the parents, as well as the constitutional educational mandate of the State and the principle of school peace. The BVerfG will bet on a constitutional model to defend the open neutrality of the State towards religions, reinforcing the current constitutional model of separation with friendly cooperation, but insisting on the need for a new opening and flexibility towards the presence of minority religions, granting (Neutrality open to all religions, Toleranzslösung), in turn with respect to German history and tradition, and rejecting a model of strict or distance neutrality with the religions, (strenge Neutralität Lösung or Distanz Neutralität), separating from the sentence of the second senate of the BVerfG, in the Ludin case of 2003, which left this option as possible. The new decision of the first senate also rejects a model of cooperation (positive neutrality), but that privileges Christian (Protestant and Catholic) confessions or the dominant culture (Deutsche Leitkultur) which would end in a return to a certain confesionalidad of State. The ruling concludes that a general law prohibiting the use of the headscarf to the teachers in the German public schools would be contrary to the GC and that could only be prohibited in the concrete cases in which it represents a real danger in certain circumstances and not by a purely abstract danger, granting the constitutional protection to the two appellants. Summary:I. Introduction. The social context in which the German Federal Constitutional Court takes this decision. II. The argumentation in the decision of the German Constitutional Court in 2015 about the use of headscarfs by school teachers. III. The facts and the Education Law of North Rhine Westphalia. IV. The legal arguments of the Constitutional Court. V. The Rights of the Plaintiffs. V.1. The right to religious freedom and the use of religious garments in that space. V.2. The equal access to be civil servant and the discrimination of Muslim women. VI. The other side of the weigh scale: the Rights of the third parties. Examination of the limits to fundamental rights in the present case. Concrete danger versus abstract danger. VI.1. The negative religious liberty of pupils and the limit of prohibition of indoctrination by teachers. VI.2. The right of parents (art. 6.1. German Constitution). VI.3. The open neutrality principle in the public education and the equal treatment of religions. VII. The examination of the constitutionality of the art. 57 of the North Rhine Westphalia Education Law. VII.1. Restrictive interpretation of subsection 1 of the art. 57.4. It can be used only when facing concrete danger. VII.2. Analysis of the subsection 2 of the article 57.4 of the education law of North Rhine Westphalia. VII.3. The clause of the privilege of the Western Christian values of art. 57.4.3 of the education law. VII.4. Discussion on the art. 7 paragraph 1 and art. 12.3 of the Constitution of North Rhine Westphalia. VII.5. The previous legislative drafts. VIII. Conclusions. ; El artículo analiza la decisión del Tribuna Constitucional Federal alemán de enero de 2015, relacionado con dos recurso de amparo de dos maestras musulmanas que querían usar el velo durante el ejercicio de su trabajo en la escuela. El BVerfG anulará un inciso del art. 57.4 de la Ley de educación del Land de Renania del Norte-Westfalia, que prohibía a las profesoras el uso del velo, mientras que permitía el uso de símbolos religiosos cristianos y judíos, por considerarlo contrario al derecho constitucional de libertad religiosa (art. 4 de la LF), art. 3 LF, al derecho de igualdad de trato y no discriminación por religión y por raza (art. 3. LF), y contrario a la igualdad en el acceso al funcionariado (art. 33 LF). Esta decisión está teniendo una gran repercusión cara a la inclusión de los ciudadanas musulmanes con origen en la inmigración en la sociedad alemana. Reflejaremos las consecuencias legales y la aplicación inmediata de esta doctrina en tribunales inferiores. El estudio se centra en el empleo que el BVerfG realiza de las técnicas de la argumentación jurídica, la ponderación, el principio de proporcionalidad, y principio de concordancia práctica, para resolver los derechos fundamentales en conflicto. El BVerfG realiza una utilización innovadora en la ponderación de los DF, por un lado los derechos referentes a las maestras, como son la igualdad de trato y paridad de las religiones en un contexto social de un creciente pluralismo religioso, el principio de no discriminación por religión, la igualdad de acceso al funcionariado, la no discriminación de las mujeres. En el otro lado de la balanza, se situarán; el derecho de libertad religiosa de los alumnos y el derecho de educación de los padres, así como el mandato constitucional educativo de la escuela y el principio de la paz escolar. El BverfG apostará por un modelo constitucional de defensa de la neutralidad abierta del Estado hacia las religiones, reforzando el modelo vigente de separación con cooperación amistosa, pero insistiendo en la necesidad de una nueva apertura y flexibilización hacia la presencia de las religiones minoritarias, concediendo a éstas el mismo trato jurídico que a las religiones de mayor tradición histórica en el país (neutralidad abierta hacia todas las religiones, Toleranzslösung), a su vez con respeto a la historia y a la tradición alemana, y rechazando un modelo de neutralidad estricta o de distancia con las religiones, (strenge Neutralität Lösung o Distanz Neutralität), separándose de la sentencia del segundo senado del BVerfG, en el caso Ludin de 2003, que dejaba esta opción como posible. La nueva decisión del primer senado rechaza también un modelo de cooperación (neutralidad positiva), pero que privilegiara las confesio nes cristianas (protestantes y católicas) o la cultura dominante (Deutsche Leitkultur) lo que acabaría en un retorno a una cierta confesionalidad de Estado. El fallo concluye que una ley general prohibiendo el uso del velo a las profesoras en las escuelas públicas alemanas sería contrario a la LF y que sólo se podría prohibir en los casos concretos en que ello represente un peligro real en unas determinadas circunstancias y no por un peligro meramente abstracto, otorgando el amparo constitucional a las dos recurrentes.
