The Contested Concept of Secularism and Bangladesh

IF 1.3 2区 社会学 Q1 LAW American Journal of Comparative Law Pub Date : 2022-01-20 DOI:10.1093/ajcl/avab014
Md. Jahid Hossain Bhuiyan
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Abstract

There are different ways in which scholars comprehend secularism. According to some scholars, secularism is the phenomenon in which religion is fully separated from the state and plays no part in the public domain. Others are of the view that, while secularism denotes separation between religion and state, there should be little involvement of religion in the public domain because it is a vital part of the lives of individuals. This Article aims to discuss the various interpretations of secularism, create a classification of secularism models, and examine how secularism is considered in Bangladesh. For this purpose, this Article analyzes statements given by Sheikh Mujibur Rahman (known as the Father of the Nation and the leader of the Bangladesh Awami League) to identify the secularism model followed in Bangladesh. Sheikh Mujib and his political party, the Awami League, did not explicitly use the word “secularism” until the independence war in 1971. However, secularist ideals were emphasized by the party. After independence, the Constitution of Bangladesh was adopted in 1972 and secularism was included in the Constitution. In Bangladesh, secularism is understood as the antithesis of communalism. Anti-communalism in Bangladesh does not refer to anti-religion; rather, it eliminates conflict between the various subnational communities and describes politics by giving equal status to individuals in a unified national community. President Ziaur Rahman removed the secularism principle from the Constitution in 1977 through the Fifth Amendment. Islam was declared as the state religion in 1988 during the rule of President Hussain Muhammad Ershad through the Eighth Amendment. In 2011, the Fifteenth Amendment to the Constitution was adopted during the tenure of Sheikh Hasina’s Awami League as Sheikh Hasina saw the necessity for following an established religion model, while making sure that sufficient rights were also awarded to religious minorities. Adopting Islam as the state religion is considered by the Awami League as a means of satisfying the Muslim majority and peacefully coexisting with religious groups such as Hefazat-e-Islam. This Article argues that the Awami League’s stance implies the practice of modus vivendi, which, in contemporary terms, signifies a means of living together for the population, in spite of their contradictory features, which emerge mostly because of difference in opinions, interests, religions, ethnicities, or beliefs. Through the practice of modus vivendi, these differences are recognized and facilitated. The meaning of secularism (and the issue of whether the state should be committed to secularism) is deeply contested in Bangladesh, making the country an interesting case study.
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备受争议的世俗主义概念与孟加拉国
学者们理解世俗主义有不同的方式。一些学者认为,世俗主义是指宗教与国家完全分离,在公共领域不起任何作用的现象。其他人则认为,虽然世俗主义意味着宗教和国家之间的分离,但宗教不应参与公共领域,因为它是个人生活的重要组成部分。本文旨在讨论对世俗主义的各种解释,创建世俗主义模式的分类,并考察孟加拉国如何看待世俗主义。为此,本文分析了谢赫·穆吉布尔·拉赫曼(Sheikh Mujibur Rahman,被称为国父和孟加拉国人民联盟领导人)的言论,以确定孟加拉国遵循的世俗主义模式。谢赫·穆吉布和他的政党人民联盟直到1971年独立战争才明确使用“世俗主义”一词。然而,该党强调世俗主义理想。独立后,1972年通过了《孟加拉国宪法》,世俗主义被纳入宪法。在孟加拉国,世俗主义被理解为社群主义的对立面。孟加拉国的反社群主义并不指反宗教;相反,它消除了国家以下各级社区之间的冲突,并通过在统一的国家社区中给予个人平等地位来描述政治。齐奥尔·拉赫曼总统于1977年通过第五修正案将世俗主义原则从宪法中删除。1988年,侯赛因·穆罕默德·埃尔沙德总统通过第八修正案统治期间,伊斯兰教被宣布为国教。2011年,在谢赫·哈西娜的人民联盟任期内通过了《宪法》第十五修正案,因为谢赫·哈西纳认为有必要遵循既定的宗教模式,同时确保宗教少数群体也享有足够的权利。Awami联盟认为,将伊斯兰教作为国教是满足穆斯林多数并与Hefazat-e-Islam等宗教团体和平共处的一种手段。这篇文章认为,人民联盟的立场意味着临时生活方式的实践,用当代的话来说,这意味着人民共同生活的一种方式,尽管他们的矛盾特征主要是由于意见、利益、宗教、种族或信仰的差异而出现的。通过临时办法的实践,这些差异得到了承认和便利。世俗主义的含义(以及国家是否应该致力于世俗主义的问题)在孟加拉国备受争议,这使该国成为一个有趣的案例研究。
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来源期刊
CiteScore
1.20
自引率
20.00%
发文量
31
期刊介绍: The American Journal of Comparative Law is a scholarly quarterly journal devoted to comparative law, comparing the laws of one or more nations with those of another or discussing one jurisdiction"s law in order for the reader to understand how it might differ from that of the United States or another country. It publishes features articles contributed by major scholars and comments by law student writers. The American Society of Comparative Law, Inc. (ASCL), formerly the American Association for the Comparative Study of Law, Inc., is an organization of institutional and individual members devoted to study, research, and write on foreign and comparative law as well as private international law.
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