Judging Religion and Judges' Religions

Kislowicz, Howard

doi:10.1017/jlr.2018.10

Cited by 4 publications

(2 citation statements)

References 48 publications

(19 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The main data were Religious Court decisions on divorce initiated by wives in the Padang Religious Court. The legal reasons and beliefs used by the Religious Court to decide cases must be thoroughly understood (Kislowicz, 2018).…”

Section: Introductionmentioning

confidence: 99%

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Kholidah,

Ridho,

Sobhan

et al. 2023

J. of Law and Sust. Develop.

View full text Add to dashboard Cite

Objective: This study aimed to show the causes of post-divorce violations of women's rights and the implications of religious court decisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to sometimes file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah. Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women. Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents related to religious courts on divorce. This study used two data collection methods, namely documentation of Religious Court decisions through directories and interviews. Results and Conclusion: The decision was confirmed to informants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on divorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court decision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legislative review of several articles in Law on Marriage for the reformulation of Islamic Family Law in Indonesia. Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives. Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.

show abstract

Section: Introductionmentioning

confidence: 99%

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Kholidah,

Ridho,

Sobhan

et al. 2023

J. of Law and Sust. Develop.

View full text Add to dashboard Cite

show abstract

“…Prior research in the United States has underscored the extent to which religion has exerted an influence on the legal system through judges, prosecutors, defense attorneys, and defendants (Bornstein and Miller 2009;Kislowicz 2018;Shahshahani and Liu 2017;Miller and Bronstein 2006;Henson 2001;Reza 1999). While religion's influence on all of these legal system stakeholders is important, its influence on juries and jurors is perhaps most significant symbolically, substantively, and pragmatically.…”

Section: Introductionmentioning

confidence: 99%

Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards

Jolicoeur

Memmer

2018

Religions

View full text Add to dashboard Cite

Abstract:As is the case with other constitutionally protected rights, the freedom of religion is not unlimited nor without restriction or constraint. Rather, the courts have long held that the state may have legitimate reasons for placing reasonable restrictions on the otherwise free exercise of religious practice. The courts have also held that the state cannot restrict religious practice in a capricious or gratuitous manner. However, the courts have also held that individuals have a constitutional right to due process legal protections. In many instances, these two freedoms exist independently of each other. In instances when they intersect, conflict may result from one right seeking hegemony over the other. In instances such as these, the courts may have to resolve conflicts by establishing legal principles and precedents regarding which of these constitutional protections will be granted contextual prominence over the other. Thus far, the legal evaluation of this important question has been confused at best and contradictory at worst. This has resulted in a number of substantive outcomes that pose significant challenges to the practice and application of both rights and an underlying avoidance of broader constitutional questions.

show abstract

The Political Theology of Justice Hugo Black

Bertucio

2020

J. law relig.

View full text Add to dashboard Cite

Associate Justice Hugo Black is often considered one of the giants of twentieth-century American religion clause jurisprudence. Especially regarding the Establishment Clause, Black sought to leave his mark on precedent. Previous biographers and legal scholars have noted the influence of his own religious convictions on his legal reasoning. I extend this line of inquiry but argue that Black's decisions enshrine a more concrete, substantive view of religion and political life than has previously been acknowledged. By drawing primarily on archival research regarding Justice Black's reading, correspondence, and religious membership, I argue that we can best understand his religious thought as a species of political theology, one I term syncretic civic moralism. In brief, Justice Black viewed the ideal religion as one free of doctrinal claims and primarily supporting prosocial behavior and civic loyalty. After outlining the impact of his theology on his landmark opinions, I conclude by suggesting some of the consequences of Black's theo-political jurisprudence for contemporary American establishment debates.

show abstract

Judging Religion and Judges' Religions

Cited by 4 publications

References 48 publications

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards

The Political Theology of Justice Hugo Black

Contact Info

Product

Resources

About