Managing Religious and Cultural Pluralism in the Rulings of Arab Constitutional Courts and Assemblies

Focusing on select Arab countries, this study seeks to remove specific constitutional topics from the realm of ideological and political public debate, and place them in a methodical and legal frame of reference, where they can be examined and dealt with on a case-by-case basis. Such topics include sectarianism and non-sectarianism; secularism and the separation of religion and state; religious law and legislation; and the civil state. From this perspective, the study tackles personal status laws with their legal constraints, and the aim of making them more equitable and tolerant. The author additionally seeks to examine cultural pluralism from the viewpoint of it bolstering the state’s cohesion and unity. He further addresses questions of religious freedoms through an analysis of religious belief, dress and positive discrimination, with the aim of remedying injustice and promoting empowerment. These issues are treated in Messara’s analysis from legal and constitutional perspectives, standards, and experiences, which advance and improve the democratic management of pluralism.

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Abstract

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Focusing on select Arab countries, this study seeks to remove specific constitutional topics from the realm of ideological and political public debate, and place them in a methodical and legal frame of reference, where they can be examined and dealt with on a case-by-case basis. Such topics include sectarianism and non-sectarianism; secularism and the separation of religion and state; religious law and legislation; and the civil state. From this perspective, the study tackles personal status laws with their legal constraints, and the aim of making them more equitable and tolerant. The author additionally seeks to examine cultural pluralism from the viewpoint of it bolstering the state’s cohesion and unity. He further addresses questions of religious freedoms through an analysis of religious belief, dress and positive discrimination, with the aim of remedying injustice and promoting empowerment. These issues are treated in Messara’s analysis from legal and constitutional perspectives, standards, and experiences, which advance and improve the democratic management of pluralism.

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