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  

Giancarlo Anello

University of Parma

Mohamed A. Arafa

Alexandria University - Faculty of Law; Indiana University, Robert H. McKinney School of Law, Students; Universidade de Brasília (UnB)

Date Written: December 20, 2017

Abstract

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

Anello, Giancarlo and Arafa, Mohamed A., The Meaning of ‘Religion’ in the Legal Context: Some Remarks on the Pragmatics of Islam in Egyptian Law in Multicultural Societies Law (December 20, 2017). 39 Rivista Telematica [Milan Univ. L. J. “Italy”] (Fall 2017). Available at SSRN: https://ssrn.com/abstract=3135182

Giancarlo Anello (Contact Author)

University of Parma ( email )

Borgo Carissimi 10
Parma, 43121
Italy

HOME PAGE: http://https://unipr.academia.edu/giancarloanello

Mohamed A. Arafa

Alexandria University - Faculty of Law ( email )

Moustafa Mousharafa Street
Soter
Alexandria
Egypt

Indiana University, Robert H. McKinney School of Law, Students ( email )

530 West New York Street, Lawrence W. Inlow Hall
Indianapolis, IN 46202
United States

Universidade de Brasília (UnB) ( email )

Campus Universitário Darcy Ribeiro
Asa Norte
Brasília, Distrito Federal 70910-900
Brazil

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