Religion on trial

Dr Anton Schütz, senior lecturer at the School of Law reflects on the school’s annual ‘Law on Trial’ week, which this year focused on the theme of religion.lawontrial850x450From Monday 12 June to Friday 16 June, the School of Law, Birkbeck hosted the 2017 edition of its annual Law on Trial event.

The School of Law has staged a Law on Trial event each year since 2011, when it was introduced, on the basis of an original idea of Marinos Diamantides, by former Executive Dean Patricia Tuitt, who also contributed the formulation of the title. The theme for 2017 was ‘Religion on Trial’. Religion is generally understood as a human sphere with an existence and a concern very much of its own, though with a number of points of intersection with matters legal. Especially during the past two or three decades, matters of religion have provided an inexhaustible source for legal problems.

The first event of the week was taken by our key-note speaker, philosopher Akeel Bilgrami (Columbia University). Akeel led the audience through the problems that the political and legal philosophy of liberalism encounters in dealing with religion, and increasingly so since the beginning of the 21st century. Referring historically to a choice among the main topics of his own widely known writing (see his Secularism, Identity and Enchantment), foregrounding Gandhi’s example-based, rather than program-based political action, Salman Rushdie’s exemplification of the divide of artistic and religious imperatives in dealing with identity but also the author of the most celebrated political doctrine of liberal justice during the late 20th century, John Rawls, and his difficulty related to identity politics and deep religious commitments.

The programme of our second evening was placed under the sign of Rastafari religion, music, and forms of life, and was based on an idea from Patricia Tuitt. Author and poet Kwame Dawes was speaking and indeed — in his quotes from Bob Marley — also, if only for short moments, also singing, in a fabulous feat of bringing to life what Rastafari poetry calls the ‘Babylon system’ (‘vampire system, sucking the blood of the sufferah’), relating spiritual, political, geographical, iconographical, prophetic and cosmological features to spot issues of diaspora, oppression and liberation in a relation that is at once timeless and highly contemporary. Kwame Dawes‘study on Bob Marley, Bob Marley: Lyrical Genius, is celebrated all over the English-speaking world. The session was chaired by Oscar Guardiola-Rivera.

The session on Rastafarianism was followed by two sessions on topics related to current issues relating to Islam. The first, on Wednesday 14 June, convened by Birkbeck scholar Qudsia Mirza, staged the long-awaited and hotly disputed topic of Islamic Law and Gender Justice. Interpretations of the Qur’an and the Hadith literature within the classical Islamic tradition have famously given rise, based upon theological, legal and ethical principles, to a normative gender hierarchy. The teachings of Sharia are not a secret and neither are the challenges to them by reformist and progressive scholars. Islamic feminism in general, and the participants of our session in particular, have taken measure of the distance still to be bridged with respect to current notions of gender equality. How do reformists/feminists conceptualise notions of gender or equality? How, on the other hand, do issues of gender, widely discussed today, relate to the notion of an Islamic ‘purity of origin’ and to a discourse of authenticity? The panel contemplated the wide spectre of Western and non-Western religious and not-so-religious positions.

Rather different in its outlook was the second Islam-related session, Thursday 15 June , convened by a BBK PhD student Daniele D’Alvia (who also works in a Max-Planck-Institute in Germany) and chaired by Maria Aristodemou, dealt with the topic ‘Islamic Finance: the Middle East, Malaysia, and the West’. Once again, a highly qualified and bespoke-tailored international panel offered a fascinating debate dealing with conceptions of gharar and riba, in contrast to current Western conceptualisations of risk and interest. Doing so, it showed the presence of two different, almost opposing views on the relationship between current Western financial habits and the relevant Sharia rules. Some speakers highlighted the Sharia framework as a possible alternative to the current habits of the global financial markets (with their widely felt instability), something of a global therapy for the latter’s increasing, world-wide exposure to structural, self-engendered crises Other panel members saw the primary problem in the obstacles that Islamic populations are facing, when they are precluded from being clients of Western style global financial institutions, ascribing highest importance to the search of viable strategies of circumvention of Islamic rules of finance.

The fifth and last day of the series, on Friday 16 June , saw the launch event of a study, co-authored by Marinos Diamantides and Anton Schütz, two School of Law academics, that had been released that same week — Political Theology : Demystifying the Universal. Differing from the two preceding sessions, this focussed not on one particular religion opposed to other religions, but on the apparently non-religious question of the secular. With Stewart Motha (chair), Diamantides and Schütz tried to explain how the very stakes of Western-Christian religion have worked as conditions, rather than obstacles, to a society defining itself as secular (liberal, social) and its world-wide success and imitation. They commonly stressed that the secular religion of the West consists in an ongoing effort of managing continuing procedures. The return of explicit religious references under such circumstances was the subject of one ‘case-study’ (Diamantides), while Schütz, focussing on the theologoumenon of the Trinity and its geopolitical fate, explored the politico-legal relationship of Father and Son within the Christian Trinity in its Western evolution. The doctrine known as the ‘filioque’ has, through more than a millennium, transformed the Trinitarian God by endowing Father and Son, by assigning identical ‘rights’ to both, thereby implanting an unresolvable tension, a principle of intranquillity, at the very heart of the Western Christian divinity, altering it from a principle of being into its contrary, a principle of action.

Through the five days of Religion on Trial the public has been guided through: (1) a portrayal, by one of its international top representatives, of the divide between religion and politics in contemporary scholarly interpretation; (2) an in-depth depiction of the vital link of art and religion in Bob Marley’s poetry and its indispensable relationship to the unique and uniquely complex and attractive religious tradition of Rastafarianism, provided by the top international specialist on the matter; (3,4) two matters of extreme actuality in relation of contemporary Islam, the issue of the normative gender dissymmetry and that of contemporary modes of Islamic finance, both presented by highly qualified specialist panels; all rounded up in (5) a series of suggestions concerning the specifically Christian input within the Western model, in its religious as well as secular dimensions.

I would like to thank all of our guest speakers and panellists who helped to make the event such a success and greatly look forward to next year’s events.

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