The Meaning of ‘Religion’ in the Legal Context: Some Remarks on the Pragmatics of Islam in Egyptian Law in Multicultural Societies Law
39 Rivista Telematica [Milan Univ. L. J. “Italy”] (Fall 2017)
31 Pages Posted: 14 Apr 2018
Date Written: December 20, 2017
No other idea than “religion” needs more to be qualified and recognized into the legal categories, in order to regulate societies and guarantee freedom of religion. The problem is that “religion” is a concept that firstly origins out from the law, in a dimension of knowledge dominated by the religious sources and literature. Only in a second moment, the concept of religion is recognized and regulated by the legal language and categories.
The aim of the paper is to make a comparison of the way to describe the idea of religion into the legal discourse, taking into account the ways to regulate the religion in the public sphere of countries of different culture. In order to achieve their goals the Authors try to comparatively use their respective legal cultures, by analyzing the context in which the term “religion” is defined in the Egyptian legal system, considering not only some important key-rules (Constitution, decisions of the Supreme Constitutional Court and Court of Cassation) but also the cultural background of the categorization, like the presence of religious actors, the role of the public opinion, and the importance of the academic knowledge.
Keywords: Islamic Religion; Egyptian Supreme Constitutional Court; meaning of religion
JEL Classification: 28 Pages
Suggested Citation: Suggested Citation