Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide.
This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part.
Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.
Table of Contents
Introduction. Religious Laws and Their Comparison. Theoretical and Methodological Issues, Rossella Bottoni, Silvio Ferrari and Russell Sandberg Section 1. History 1. The Jewish Tradition: A History, Joseph David 2. The Christian Tradition: A History, Kenneth Pennington 3. The Islamic Tradition: A History, Knut. S. Vikør 4. The Hindu Tradition: A History, Domenico Francavilla 5. Comparative Remarks: A History of Religious Laws, John Tolan Section 2. Sources of Law 6. Jewish Law: The Sources, Joseph David 7. Christian Law: The Sources, Burkhard J. Berkmann 8. Islamic Law: The Sources Knut. S. Vikør 9. Hindu Law: The Sources, Domenico Francavilla 10. Comparative Remarks: The Sources of Religious Laws, Gary Bell Section 3. Dynamics of Belonging and Status 11. Jewish Law: Dynamics of Belonging and Status, Suzanne Last Stone 12. Christian Law: Dynamics of Belonging and Status, Norman Doe 13. Islamic Law: Dynamics of Belonging and Status, Anver M. Emon 14. Hindu Law: Dynamics of Belonging and Status, Werner Menski and Kalindi Kokal, 15. Comparative Remarks: Religious Laws and Dynamics of Belonging and Status, Francis Messner Section 4. Marriage 16. Jewish Law: Marriage, Elimelech Westreich and Avishalom Westreich 17. Christian Law: Marriage, Augustín Motilla 18. Islamic Law: Marriage, Roberta Aluffi 19. Hindu Law: Marriage, Werner Menski and Gopika Solanki 20. Comparative Remarks: Religious Laws and Marriage, Yüksel Sezgin Section 5. The Legal Other 21. Jewish Law Perspectives: The Legal Other, Suzanne Last Stone 22. Christian Law Perspectives: The Legal Other, Norman Doe 23. Islamic Law Perspectives: The Legal Other, Anver M. Emon 24. Hindu Law Perspectives: The Legal Other, Werner Menski and Zoe Headley 25. Comparative Remarks: Religious Laws and the Legal Other, Adam B. Seligman
Rossella Bottoni is a Researcher and an Adjunct Professor at the Catholic University of Milan, Italy. She has published extensively in both English and Italian on aspects relating to law and religion.
Silvio Ferrari is Professor of Law and Religion at the University of Milan, Italy. He has been Visiting Professor at the University of California, USA (1994 and 2001), the Institute for Advanced Legal Studies, London (1998–99), the Ecole Pratique des Hautes Etudes, Sorbonne, Paris (2004) and the CTI, Princeton (2014).