Religion Law Politics And The State In Africa

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

The book offers a critical account of the practice of state-secularism in Kenya, Nigeria and Uganda in comparison to France, Turkey and the US.

Two important dynamics have driven political and social change in sub-Saharan Africa during the past 25 years. New religious trends have emerged within the main faiths of Islam and Christianity, in particular the emergence of more charismatic, assertive forms of religious expression. Meanwhile, political space has opened in scores of countries as one-party rule has given way to a process of democratization, yet to be completed. Based on their field work in each country, the authors examine the various ways in which religious actors have chosen to engage with the state. They also consider how governments and political actors respond to, and seek to manage, these interactions.

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.

This book presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people’s fundamental right to be governed, at all times, in a religiously neutral manner.

Religious activities have been of continuing importance in the rise of protest against post-colonial governments in Eastern Africa. This volume describes attempts by governments to manage religious affairs in both Muslim and Christian areas; religious denominations acting in opposition to one-party state regimes; Islamic fundamentalism and its role before and after the end of the Cold War; and the era of structural adjustment and the part played by Christian churches operating as NGOs within its constraints.

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.