Religious freedom has become an international concept: As the scope of the recently concluded Politics of Religious Freedom project attests to, the grammar of religious freedom has spread far and wide, creating a broad and complex field where international norms and procedures frequently clash with deeply embedded local conceptions of law, religion, and freedom.
Posts Tagged ‘international law’
Like a good movie, the story of international religious freedom offers something for everyone. It pits cowardly oppressors against heroic saviors. It is a story of the triumph of international law over those who fail to adhere to global norms and standards. It is a story of secular tolerance versus violent religion. And today especially, it is a story of the need for the U.S. government and its friends to “convince” others—particularly Muslims—that they should endorse a particular model of religious liberty as a template for organizing and democratizing their politics and societies.
I agree with Kahn (and with Schmitt) about the fact that political theory should leave room for decision and exception. But to me, the main question is: to what extent? Are there no principles that admit no exception? When I read Kahn, as when I read Schmitt, I don’t seem to encounter any such principles—anything like what Habermas thematized in Law and Morality as “indisponibility,” that is, rights that are not at the disposal of the sovereign. Can the sovereign decide that torture is a legitimate practice? The answer, to me, should be no without exception.
Saba Mahmood is an anthropologist who teaches at the University of California, Berkeley, and whose work raises challenging questions about the relationship between religion and secularism, ethics and politics, agency and freedom. Her book Politics of Piety, a study of a grassroots women’s piety movement in Cairo, questions the analytical and political claims of feminism as well as the secular liberal assumptions on the basis of which such movements are often judged. In the volume Is Critique Secular? she joins Talal Asad, Judith Butler, and Wendy Brown in rethinking the Danish cartoon controversy as a conflict between blasphemy and free speech, between secular and religious world views. Now, Mahmood is working on a comparative project about the right to religious liberty and minority-majority relations in the Middle East. We spoke over breakfast in New York City.
What is interesting about An-Na`im’s arguments is that they ground the case for the secular state not in the Quran, not in claims about the presence of the imago Dei in the person or in some other source of the person’s intrinsic dignity, not in natural law, some closely similar type of practical reason, or universal moral precepts, but rather in what might be called “second order” observations about the phenomenology of belief, the character of government, the lessons of history, and the like. To be sure, good reasons for the secular state lie therein. But are these arguments sufficient to ground an Islamic case for constitutionalism, human rights, and the secular state? I doubt it.