Religion and Law in South Africa

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Religion and Law in South Africa

By Charles Maimela
Kluwer Law International June 2019

Specifications

ISBN-13
9789403511511
Publisher
Kluwer Law International
Publication
June 2019
Format
Paperback
Jurisdiction
South Africa ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how South Africa deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media.

After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and  very useful guide. 

Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in South Africa. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Table of Contents

The Author

List of Abbreviations

General Introduction

Part I. Legal Framework and Sources

Chapter 1. Constitutional Position of Religion

Chapter 2. Legislation Aimed at the Promotion of Religion and Cultural Practices

Chapter 3. Typology of the South African System

Part II. Religious Freedom in General

Chapter 1. Individual and Collective Religious Freedom

Chapter 2. Organisational Religious Freedom

Part III. Legal Status of Religious Communities

Chapter 1. Formal Status and Autonomy of Religious Communities

Chapter 2. Fundamental Rights and Religious Communities

Chapter 3. Contractual Religious Freedom

Part IV. International, Transnational, Regional Effects on Religious Communities

Chapter 1. International Law Effects on Religious Communities

Chapter 2. Transnational Law Effects on Religious Communities

Chapter 3. Regional Law Effects on Religious Communities

Part V. Religion and Politics

Chapter 1. Influence of Religion in Politics

Chapter 2. Political Influence in Religion

Chapter 3. Interaction Between Religion and State on a Political and Legal Level

Part VI. Labour Law Within Religious Communities

Chapter 1. Scope of Application of Labour Law

Chapter 2. Religious Ministers and Labour Law

Chapter 3. Other Church Employees and Labour Law

Part VII. Religious Communities and Protection of the Individual

Chapter 1. Freedom to Marry

Chapter 2. Professional Secrecy and Medical Deontology

Chapter 3. Penal Law and Religion

Part VIII. Church Financing

Chapter 1. Direct and Indirect Financing of Religious Communities

Part IX. Education

Chapter 1. Religious Education in Public and Private Schools

Chapter 2. Religious Schools

Selected Bibliography

Table of Cases

Table of Legislation

Index

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