Routledge Handbook of Religious Laws

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Contributors
Introduction: religious laws and their comparison – theoretical and methodological issues
	The nature of religious laws
	Comparative religious law
	Further reading
	Notes
	References
PART I: History
	Chapter 1: The Jewish tradition: a history
		History
		Jewish
		Law
		The Bible: a covenantal law
		The Second Temple Period: an ethnic law
		Late Antiquity: jurists’ imagined law
		The Middle Ages: divine law
		The Modern era: law, religion and identity
		The twentieth century: law, nationalism and politics
		Conclusion
		Notes
	Chapter 2: The Christian tradition: a history
		Origins
		Historical evolution
		Further reading
		References
	Chapter 3: The Islamic tradition: a history
		Origins
		The development of the madhhabs
		The basis for the law
		The law, the scholars and the state
		The modern period
		Reintroduction of ‘the Sharīʿa’
		References
	Chapter 4: The Hindu tradition: a history
		Introduction
		Origins of Hindu law
		Historical evolution
		Central characteristics
		Conclusion
		Notes
		References
	Chapter 5: Comparative remarks: a history of religious laws
		References
PART II: Sources of law
	Chapter 6: Jewish law: the sources
		Variations of meaning and function
		‘Source’ and ‘resource’
		The biblical paradigm: strong epiphanism
		Grappling with the biblical model in Late Antiquity
		Judeo-Hellenic parallelism
		Rabbinic ambivalence: the human source celebrated and denied
		Medieval Judaism: traditionalism and human reason
		Perfect transmission
		Reasoning and rationality
		Notes
		References
	Chapter 7: Christian law: the sources
		Various denominations and their legal concepts
		Legislation on the international, national and local level
		Instruments of regulation
		Subject matters
		Interpretation
		Role of theology
		Natural law and divine law
		Mechanisms of legal change
		Conclusions
		Notes
		References
	Chapter 8: Islamic law: the sources
		Formulation of the law from the sources
		The legal literature
		Natural law, human law and divine law in the Sharīʿa
		Opening the gates of ijtihād
		Modernity and the sources of revelation
		References
	Chapter 9: Hindu law: the sources
		Complexity of sources in Hindu law
		The classical theory of sources
		Interpretation and sources in practice
		Modern sources
		Conclusion
		Notes
		References
	Chapter 10: Comparative remarks: the sources of religious laws
		Introduction
		Comparing Christian sources and other religious sources
		Human agency and the sources of religious laws
		Religious laws and the State
		Conclusion
		Notes
		References
PART III: Dynamics of belonging and status
	Chapter 11: Jewish law: dynamics of belonging and status
		Introduction
		Entering the religion
		Leaving the religion
		Rights and obligations of adherents
		Further reading
		Notes
		References
	Chapter 12: Christian law: dynamics of belonging and status
		The people of God
		The concept of church membership
		The duties and rights of the faithful
		The ordained ministers of the church
		Ecclesiastical offences and sanctions
		Conclusion
		Notes
		References
	Chapter 13: Islamic law: dynamics of belonging and status
		Entering the religion and religious community
		Leaving the religion and the religious community
		Rights and obligations of adherents
		Notes
		References
	Chapter 14: Hindu law: dynamics of belonging and status
		Introduction
		Entering the religion
		Leaving the religion
		Rights and obligations of adherents
		Notes
		References
	Chapter 15: Comparative remarks: religious laws and dynamics of belonging and status
		Towards a separation of belonging?
		Entering into the religion
		Exiting from the religion
		Rights and duties of members
		Conclusion
		Notes
		References
PART IV: Marriage
	Chapter 16: Jewish law: marriage
		Introduction
		The formation of marriage
		The nature of marriage
		The structure of marriage: monogamy v. polygamy
		Dissolution of marriage
		Notes
		References
	Chapter 17: Christian law: marriage
		Roman Catholic Church marriage law
		Orthodox Church marriage law
		Reform Churches’ marriage law
		Further reading
		Notes
		References
	Chapter 18: Islamic law: marriage
		The nature of marriage
		The spouse choice
		The formation of marriage
		Polygamy
		The marriage relationship
		Marriage dissolution
		Further reading
		Notes
	Chapter 19: Hindu law: marriage
		The formation of marriage
		The nature of marriage
		The dissolution of marriage
		Notes
		References
	Chapter 20: Comparative remarks: religious laws and marriage
		Comparing religious rules on formation of marriage
		Comparing religious rules on dissolution of marriage
		The etatization of religious family laws and its impact on human rights
		Notes
		References
PART V: The legal other
	Chapter 21: Jewish law perspectives: the legal other
		Introduction
		Other religious traditions and their laws
		The rights and obligations of non-adherents
		The State and international human rights organizations
		Notes
		References
	Chapter 22: Christian law perspectives: the legal other
		Natural law: the Golden Rule
		Church and State relations
		Human rights and religious freedom
		Conclusion
		Notes
		References
	Chapter 23: Islamic law perspectives: the legal other
		Introduction
		Islamic law’s legal other: a jurisdictional analysis
		The Muslim’s other: dhimmis in Islamic law
		The dhimmi rules today
		Conclusion: regulating difference
		Notes
		References
	Chapter 24: Hindu law perspectives: the legal other
		Other religious traditions and their laws
		Rights and obligations of non-adherents
		The state and international human rights obligations
		Notes
		References
	Chapter 25: Comparative remarks: religious laws and the legal other
		Introduction and background
		Traditional law and their legal other
		Conclusion
		References
Index