Politicized religion seems to have a new enemy: Moral relativism is denounced by believers of all stripes as a threat for contemporary societies, and, in particular, for contemporary democracies. A recent poll conducted among evangelical pastors in the United States found that after “abortion,” “moral relativism” was indicated by most respondents as “the most pressing issue faced by America today.” For anybody familiar with the language used in contemporary evangelical churches in the United States, this is unlikely to come as a surprise. In the sermons preached in many of these churches, relativism is routinely treated—along with liberalism and secularism—as part of a sort of “unholy trinity” that is supposed to be corroding the moral foundations of contemporary societies. Consider, for instance, the remarks of John Piper, former pastor of Bethlehem Baptist Church in Minneapolis, Minnesota, at the National Ligonier conference in 2007, citing a previous speech by Michael Novak delivered in 1994 upon receiving the Templeton Prize: Relativism is an invisible gas, odorless, deadly, that is now polluting every free society on earth. It is a gas that attacks the central nervous system of moral striving. The most perilous threat to the free society today is, therefore, neither political nor economic. It is the poisonous, corrupting culture of relativism. This discourse cuts across denominational distinctions. In the first speech he gave before the diplomatic corps represented at the Vatican, Pope Francis I referred to what his predecessor had called a “dictatorship of relativism” in explaining his choice of name: “This brings me,” he stated, “to a second reason for my name. Francis of Assisi tells us we should build peace. But there is no peace without truth! There cannot be true peace if everyone is his own criterion, if everyone can always claim his own rights, without at the…
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A tale of two burdens
In his landmark essay, Nomos and Narrative, the late legal scholar Robert Cover wrote about the jurispathic function of courts—that is, its ability to quash other commitments and forms of interpretation…
Regulating symbols: The burkini and niqab bans in France

Last month, the image of three police officers standing over a woman on the beach in Nice, supervising the removal of her “burkini” (a wetsuit-like swimming costume favored by some Muslim women), provoked great outrage over the bans of the garments in five French seaside towns. The criticisms have been several. The bans are conceived as a trespass against freedom of expression, guaranteed in that foundational document of the French political imagination, the Declaration of the Rights of Man and Citizen (1789). Others have seen the bans as manifestations of patriarchy or symptoms of Islamophobia in the West. In the United States, the bans have been labeled assaults on the freedom of religion. The debate over the burkini strongly evokes the 2010 debate over the niqab (the veil that conceals everything but the eyes) in French public spaces. That debate—itself related to France’s earlier debate about the hijab in public schools—issued in a national ban. The ban was implemented over and against the advice of the Conseil d’État, which advised the niqab could not be said to represent a sufficient threat to “public order” to justify it. When the burkini ban was challenged last week, the Conseil d’État overturned it, citing similar considerations. (The Conseil d’État has the power to nullify administrative actions but can only issue advisory opinions vis-à-vis legislation.) And yet the niqab ban persists: when it was challenged before the European Court of Human Rights in 2014, that Court allowed it to stand.
The Politics of Islamic Law: An introduction
by Iza HussinMy new book, The Politics of Islamic Law, presents an approach to the study of religion, comparative politics and law that begins with the contradiction and ambiguity produced by the interplay among sacred texts, institutions of state and society, and actors working with the tools they have at hand. By seeking to understand the development of the category of Islamic law as a “problem-space” for the modern state, the book invites further exploration of how Muslim futures are being framed and discussed, historicizing what David Scott has framed as “the particular questions that seem worth asking and the kinds of answers that seem worth having.” (2004:4) In this exploration the question – ‘whose law?’ – turns out to be as important, if not more important, than the question – ‘which law?’ This generates a new set of questions in the study of the politics of Islamic law: in what domains of Muslim life is Islamic law being raised once again, and by whom? In what domains of Muslim life has Islamic law been made silent? What political compacts and struggles underwrite these claims for presence or absence, and upon what institutional and social foundations do they rely? Over what kind of human subject do they lay claim, and how might this subject speak to the law? To what version of the past do they refer, and to which vision of the future?
The breaking-in of the gods

In the early pages of my recently published book, History and Presence (Belknap Harvard 2016), I describe something that happened to me many years ago which became a touchstone for the questions I have asked about religion since. I was traveling in Ireland in 1976 on one leg of a year-long journey around contemporary European Catholic monasteries when I stopped by chance in the town of Knock, County Mayo, to fuel my car. I asked the gas station attendant how it was that Knock boasted such an enormous church and plaza, which I had passed on my way through the town, and its own airport. Do you not know what happened here? he asked me. No, I did not. Are you Catholic? he asked. I am, I said. Not a very good one then, he said. He condescended to explain to me that on August 21, 1879, the Virgin Mary, along with several other holy figures, appeared beside the church wall to a cluster of villagers, and the sacred figures lingered in Knock. “Here,” the gas station attendant ended his story, “the transcendent broke into time.” I remember all this because I wrote it down in a journal at the time, but I would not have forgotten it even if I hadn’t.
Teaching religion: Refusing the Schempp myth of origins
I was recently asked to speak about the current state of US religious freedom law. I guess it somehow seemed appropriate to do that in Indiana—at ground zero in the culture wars,…