CONSTITUTIONAL-LAW REGULATION OF RELATIONS BETWEEN STATE AND RELIGION IN THE NEAR EAST STATES Cover Image

УСТАВНОПРАВНО РЕГУЛИСАЊЕ ОДНОСА ДРЖАВЕ И ВЈЕРЕ У БЛИСКОИСТОЧНИМ ЗЕМЉАМА
CONSTITUTIONAL-LAW REGULATION OF RELATIONS BETWEEN STATE AND RELIGION IN THE NEAR EAST STATES

Author(s): Fikret Karčić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Theology and Religion
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: In all Near East states, except Turkey, the state and religion are related in terms of law. There exist all know models of regulation of relations between the political and religious authorities, namely the system of a state religion, that of recognized religious communities, and the séparation between the religion and the state. All these models are in a way modified in the Near East through the action of dominant religious conceptions (Islam, in case of Muslim countries, Hebraism in case of Israel) of historical experience in regulating the relations between the state and the religion, as well as of the relations between religious communities. In the Near East countries, regardless of the accepted model of relations between political and religious authorities, there really exists domination of state over the religion. Thus for instance, one can notice that in case of Islam — a religion of the majority in this region — there is no single case of establishing an islamic religious community as being institutionally separated from the state organisation. This is why it would be justified to speak not of the relations between the state and religious communities, namely the Church, but of these relations between the state and religion — at least as far as the Islam and Hebraism are concerned. This is but a consequence of a long historical development and action of an organic unity of state and religion, which have been characteristic for societies where an adequate degree has not yet been achieved of distinguishing between functions of society. The conception is also accepted that this is the main reason of non-existence of secular states in the Near East.

  • Issue Year: 35/1987
  • Issue No: 5
  • Page Range: 563-579
  • Page Count: 17
  • Language: Serbian