Is the Rule of Law an Antidote for Religious Tension? The Promise and Peril of Judicializing Religious Freedom

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Main author: Schonthal, Benjamin
Other authors: Moustafa, Tamir
Nelson, Matthew J.
Shankar, Shylashri
Format: Journal Article           
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id eprints-22300
recordtype eprints
institution SOAS, University of London
collection SOAS Research Online
language English
language_search English
description Although “rule of law” is often regarded as a solution for religious conflict, this article analyzes the role of legal processes and institutions in hardening boundaries and sharpening antagonisms among religious communities. Using case studies from Sri Lanka, India, Malaysia, and Pakistan, we highlight four specific mechanisms through which legal procedures, structures, and instruments can further polarize already existing religious conflicts. These mechanisms include the procedural requirements and choreography of litigation (Sri Lanka), the strategic use of legal language and court judgments by political and socioreligious groups (India), the activities of partisan activists who mobilize around litigation (Malaysia), and the exploitation of “public order” laws in contexts framed by antagonism targeting religious minorities (Pakistan).
format Journal Article
author Schonthal, Benjamin
author_facet Schonthal, Benjamin
Moustafa, Tamir
Nelson, Matthew J.
Shankar, Shylashri
authorStr Schonthal, Benjamin
author_letter Schonthal, Benjamin
author2 Moustafa, Tamir
Nelson, Matthew J.
Shankar, Shylashri
author2Str Moustafa, Tamir
Nelson, Matthew J.
Shankar, Shylashri
title Is the Rule of Law an Antidote for Religious Tension? The Promise and Peril of Judicializing Religious Freedom
publisher Sage
publishDate 2016
url https://eprints.soas.ac.uk/22300/

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