Abstract

ALNASIR, Samer. Calamities of the (Post)Colonial Law and it’s Orientalism: Religious Affiliation and Individual Liberty in Egypt, Iraq and Tunisia. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.158, pp.485-519.  Epub Jan 14, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2020.158.15627.

The constitutional principle introduced in article 16.2 of the Spanish Constitution of 1978, which forbids compelling one to declare their own religion, ideology, or beliefs, does not exist in other legal systems, as religious and ethnic belonging is considered to be part of the civil and/or national identity. In cases such as Iraq and Egypt, the law not only requires the declaration of personal religious affiliation but also records it in the civil register along with additional information on ethnicity and religious schools of thought. This officially registered information is a condition for the exercise of other civil liberties. This article analyzes this issue by focusing on several case law studies from such countries. It should be noted that many of these legal practices are residuals from European colonialism; while these practices were forbidden in Europe, they were often implemented in the colonies. Using empirical references, this article highlights this issue that still haunts many post-colonial societies under the old legal alibi of the protection of minorities.

Keywords : religious freedom; calamities of the law; orientalism; minorities; identity; sharp right.

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