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Religious Offences in Common Law Asia: Colonial Legacies, Constitutional Rights and Contemporary Practice

Religious Offences in Common Law Asia: Colonial Legacies, Constitutional Rights and Contemporary Practice

Author: Li-ann Thio; Jaclyn L. Neo
Publisher: Hart Publishing
ISBN: 9781509937295

Published In: February 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509946037

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This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practice forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.

Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious offence clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases, scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.

Introduction - Orthodoxy, Order, and Odium: The Enduring Legacy of Religious Penal Clauses in Contemporary Asia

Li-ann Thio and Jaclyn L Neo

ART I- RELIGIOUS PENAL CLAUSE: HISTORICAL AND CONCEPTUAL PERSPECTIVES

1. Religious Penal Clauses in Commonwealth Asia: A Brief History

Kevin Y.L. Tan

2. Apollonian Restraint and Dionysian Impulse: Law, Freedom, and Religious Feelings

Li-ann Thio

3. Making Islamic Penal Clauses: Translation, Transformation and Transmogrification

Arif Jamal

4. Between Religious Coexistence and Religious Hierarchy: Divergent Developments in Religious Offence Laws in Common Law Asia

Jaclyn L Neo

PART II - RELIGIOUS PENAL CLAUSES IN CONTEXT - COUNTRY STUDIES IN COMMON LAW ASIA

5. Religious Penal Clauses in India

Mrinal Satish

6. Forbidden Discourse: Evaluating the Transformation of Colonial-era Religious Penal Offences into Contemporary Pakistan's Blasphemy Laws

Syed Ali Raza

7. Bangladesh: Public Law, Religious Freedom and Regulating 'Religious Sentiment'

SM Masum Billah

8. Prosecuting Religious Violence in Sri Lanka

Mario Gomez

9. Offences against Religion in Malaysia: Navigating the “Secular” Federal Constitution and the Salience of Islam in the Constitutional Order

Dian A.H. Shah

10. Religious Offences Penal Clauses and the Singapore Constitutional Order: Secular, Sensible but Sensitive to the Sacred?

Li-ann Thio

11. Recalibrating the Scales of Criminal Justice in Brunei Darussalam: Religious Penal Clauses 1905 – 2018

Ann Black

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