Onclin08

Peter Coertzen - Stellenbosch, South Africa

Taught from reformed (protestant) point of view. Foundation, then freedom of religion is South Africa 1692 dutch colonization; 1806 British colonization; 1961 Republic - Constitutional State; 1994 Modern State - looking to a charter of religious rights.

Assignment - write a short paper on any issue touched on in this lecture - freedom of religion in your own country - discuss charter of religious rights. 4-5 1.5 spacing 10-12 point. A4 pages to pc@sun.ac.za by May 20, 2008. Le Sorbiers 3hrs articles on church discipline in the dutch reform church, child abuse, etc.

Church Law, Government and Methodology - Methodology is theological basis of society. Law and government are the daily practice of the methodology. Law in the church / Law for the church - not a fundamentalist lexicon, but the whole system of revelation giving principles for the existence and government of the church. There can be other beacons.

1. The kingdom of God as the context for the church and its order. It has various shades of meaning in the old testament and new. Humans rebel against God's sovereignty. In Christ, the Kindgom is irrefutably established. The whole creation is the kingdom of God, though not all are consciously in the kingdom; but is some the kingdom is accepted and obeyed. The Church is the place where the citizen of the kingdom meet, form a community, receive the gospel in faith and share the salvation of the kingdom. There are other embodiments of the kingdom - family.
   

2. The church as such is a beacon for the church law and church government. A unique community of people waiting for the bliss of the kingdom, mother of believers. Church shares the bounty of the kingdom; if the church fails to do this, it ceases to be church. Each congregation is a church and it also forms larger groupings. Relation between the church and the kingdom - a community of those who accept and share God's sovereignty. The Kingdom is revealed in the church - where God's kingdom alights in the world (though it is not without sin). You become a member of Dutch Reform Church by confession and by baptism; you can remove yourself by your actions; but the efforts are to always bring the person back. The church is a renewing force of God's kingdom in the world.
   

3. Jesus Christ as the only Lord and Head of the Church. Part of the reformation and reconfirmed in the 20th century. Nazism tried to replace Christ in the church. Ephesians 1:22 Christ is the head of the church the fullness of him who fulfills everything in everyone.
   

4. Christ's government by Word, Spirit and ministries - Eph 4: 11-15 Ministries keep the body together and enable it to function.
   

5. Up building of the congregation is the objective of church government and church law. It isn't sufficient to have a big organization, it should bring people to Christ.
   

6. Between a Scriptural indicative and imperative - we are saved by Christ, but we must BE holy. We live between these two concepts.
   

Organization of the Dutch Reform Church

1. The church starts from local church communities with their members.
   

2. The local churches are gathered into groups, then those are gathered into synods (10 in South Africa). These together are the general synod. 1824 was the first full synod meeting. 1862 churches outside Cape colony were dismissed from the General Synod - and there was a loose federation of then 4 general synods.
   

3. Synod determines Policy, Church Order and Confession of faith. Up to 1842 a church order of the Netherlands governed. In 1842, a new Church Order was developed and submitted to the Government for review. Synods every four years and they can change the church order.
   

1. Before 1994, freedom of religion wasn't constitutionally guaranteed.

2. Freedom of religion before 1994. Despite the presence of other religions, the DRC was a state church according to Pillay, the British allowed others. Apartheid disrupted the pluralization. Federal paradigm sees people of God united in a society which is bound to God. Kuperus saw the relations as colored by race relations - DRC became synonymous with the state. There are now 4 dutch reform churches now divided by race and seeking unification. The church didn't support the reform of the state because it deferred to the conservatives. Cole Durham describes 8 types of relationships between church and state from theocracy to persecution.
   

1. Constantinian or Erastian model - political authorities with their own understanding of religion are dominant over religious authorities, controlling and even using the church.
   

2. Theocratic Model - medieval church - Islamic state. Control resides with religious leaders who dominate church and state. Calvin argued for this model and became part of the scene in South Africa.
   

Coertzen argues that the constantinian model was operative without denying freedom of conscience. "...government's task is not limited to caring for and watching over the public domain but extends to upholding the sacred ministry...." Reform started in Switzerland's, moved to France and then to Netherlands. Moved from enabling to constraining churches. They didn't want church to be able to compel conscience. Also wouldn't let church compel government action, this in both Nederlands and South Africa which was controlled by Nederlands. "The church was merely an engine of the state."


In 1795 the british took over for the first time and allowed colonists to continue their privileges. But soon, the brits claimed power over the church. They tried to Anglicize the church by importing Scots ministers. 1843 ordinance said it was no separation of church and state, but it severly restricted the freedom of the church controlled in South Africa. 1957 the DRC asked for independence from the state. 1948 Nationalist Party instituted Apartheid in state and in church. World Council of Churches with DRC 1960: all races equal, none to be excluded form the church on basis of race, no scriptural prohibition of mixed marriages. This was rejected, but DRC claimed to be the conscience of the government and measure it against the principles of the Gospel. The church continued to develop its notion of equality and freedom of religion. In 1990 the DRC said the state must be impartial to religions and church can operate without state interference. The government must protect religion even with the sword, in 1990 the government must assist the church it protecting itself. It also said only faith is required for membership - as opposed to the government which disallowed black membership. Other religions were tolerated, there wasn't freedom of religion.

Catechism of the Catholic Church: 1956 The natural law, present in the heart of each man and established by reason, is universal in its precepts and its authority extends to all men. It expresses the dignity of the person and determines the basis for his fundamental rights and duties:

For there is a true law: right reason. It is in conformity with nature, is diffused among all men, and is immutable and eternal; its orders summon to duty; its prohibitions turn away from offense . . . . To replace it with a contrary law is a sacrilege; failure to apply even one of its provisions is forbidden; no one can abrogate it entirely.


The charter amounts to a code of conduct for Muslims in Europe.


In 1999, the legal philosopher Paul Cliteur attacked multiculturalism in his book 'The Philosophy of Human Rights'[49] Cliteur rejects all political correctness on the issue: western culture, the Rechtsstaat (rule of law), and human rights are superior to non-western culture and values. They are the product of the Enlightenment: Cliteur sees non-western cultures not as merely different, but as anachronistic. He sees multiculturalism primarily as an unacceptable ideology of cultural relativism, which would lead to acceptance of barbaric practices, including those brought to the Western World by immigrants. Cliteur lists infanticide, torture, slavery, oppression of women, homophobia, racism, anti-Semitism, gangs, female circumcision, discrimination by immigrants, suttee, and the death penalty. Cliteur compares multiculturalism to the moral acceptance of Auschwitz, Stalin, Pol Pot and the Ku Klux Klan.


Cliteur's 1999 work is indicative of the polemic tone of the debate, in the following years. Most of the 'immigrant barbarities' which he names are regularly cited by opponents of multiculturalism, sometimes as a reductio ad absurdum, but also as factual practices of immigrants in the Netherlands.


http://www.islam-watch.org/SecularHumanism/Relativism_Islamic_terrorism.htm He sees 5 models of church state relationships: 1) atheism - marxism; 2) laicite; 3) multiculturalism, multireligionism, religious neutrality; 4) state church 5) theocracy. Cliteur prefers the multicultural model.


http://www.irla.org/congress/doc/torfs.html

Selcuk Gultasli - Turkey, Laicite and Headscarf Ban. - It is bridge between east and west, rapid modernization. First islamist prime minister moved Turkey toward the EU.

Turkish secularism - heated debates last two months on headscarf. Parliament has just decided to lift the ban and it is being challenged in court. Many rectors at universities are fighting the law as well. (Gultasli's position: Turkish secularism is held in a fundamentalist way). Two of six critical principles of Turkish Republic: Nationalism & Secularism. Religion was seen as a hindrance to progress and modernization. Secularism was a strategy against religiously inspired resistance to modernization. Headscarf is banned in all universities in Turkey, as well as lower level education. Turkish government fully controls religious matters in Turkey. Director of religious affairs prepares sermons for all Turkish imams. Turkey employs thousands of religious staff - regulating Islam on a day to day basis - Imams are all employees of the state. Some religious groups are unrepresented in the religion ministry. While based on the French laicite, it has a completely different context. Turkish secularism was imposed from above, not a ground swell from below. Originally they wanted to regulate the clothes of men, they did not touch the clothing of women - too controversial. Military junta in 1980s banned the headscarf - it was not evenly applied. In 1990s another junta applied it across the board. The new amendment was supported by 80% of parliament and 80% of the people. Amnesty International and Human Rights Watch criticize turkey, French, on the headscarf bans. State shouldn't be making dress code. EU isn't taking note of the headscarf instead they are interested in treatment of religious minorities.

Signed Jan 10, 2008 - year of Intercultural Dialog (inter religious). Dispite diversity muslims share common values and principles. Seek to achieve a common understanding between Muslims and Europeans. Most signatories were Sunni Muslim. rationale: permanent Muslim presence in Europe, indigenous Muslims; see need for citizenship, respect and equality; european Muslims can be a bridge between the west and the Muslim world.

1. Sources of Islam: Q'ran and Sunna; spirituality of Islam for present and future life; creed, sharia and ethics are central to Muslim life; Islam honors male and female without distinction; centrality of compassion and mutual support to Muslims and to all persons; men and women complementary; islam respects human rights and calls for mutual dialog and respect and Jihad is the struggle for the good, and self-defense; responsible use of nature.
   

2. Muslims in society 1) there should be solidarity among Muslims. 2) muslims should respect the laws of the land and uphold secularism and work for the good of society; they seek to balance their culture with integration in european culture; they should participate in political process. 3) Islam's contribution to Europe - if freed from mutual suspicion, intercultural dialog could enrich both dialog partners. Peaceful co-existence could be a sign and an experiment in world cooperation and peace.
   

Sami Zemni Sami Zemni is a professor of political sciences at Ghent University. At the Centre for Third World Studies he coordinates the Middle East and North Africa Research Group (MENARG) and leads the Centre for Islam in Europe (CIE). In this piece, he explores how Islamist movements are the consequence of undigested modernity and the need to come to terms with our political blind spots in dealing with complex West Islam issues.
Marino Ghislainus Keulen (Tongeren, October 24, 1963) is the current Flemish Minister for Home Affairs, Urban Policy, Housing and Civic Integration. He is a member of the Flemish Liberal party, the VLD. He obtained a (graduate) degree at the Provinciaal Hoger Handelsinstituut in Hasselt. — Flemish Social Integration Minister Marino Keulen is toning down his instructions regarding the use of Dutch in mosques. The minister had stated that mosques wishing to qualify for subsidies must use Dutch as language of communication, but he is now "easing" this requirement. "It will apply only to the language that is spoken by visitors of mosques and that mosques use to communicate with the authorities. It is obvious that we cannot impose the use of Dutch during religious services if Muslim tradition prescribes that these services should be held in Arabic," spokeswoman Sofie Bockaert said.

It is important to have a representative body for Muslims so that the government can deal with the population through its representation. However, would the Muslims vote for their representatives, would the vote by country of origin. United protestant church has become the interlocutor with the state. Regionalization of handling of Muslim relations. It depends on the nature of church-state relations in a region. Netherlands has religious freedom, Belgium has freedom plus church state relations.


Rowan Williams - we accept the rule of law, but within that framework we should be more open to religious values. Very often Human Rights are even hostile to religions. Maybe we should be more open to elements from religions, e.g. sharia for arbitration.


Tension between recognized religions and freedom of religion. Charter of religious rights being developed in South Africa - comparison.


Charter is Muslims saying we want to be a part of the system. Comparison of the two documents. Religious communities could comment on the frameworks that exist. Now we are having many monologues. Both charters are first of all an exercise among the religions themselves.

Church order can differ as long as certain basic principles are recognized, e.g. Kingdom of God, church, Headship of Christ, Word, Spirit, Church Officers, Upbuilding of the congregation, Imperative and Indicative following of Christ.

• Outline
  

• Chapter 1 is the confession and order of the church, and claim of internal autonomy and freedom of religion. If you limit rights of people through the church order, that has to be defensible.
  

• Chapter 2 Elders, Ministers and Deacons. Article 7 is on calling of the minister, Article 12 on the employment relationship of the ministers and deacons. Article 16 on elder, Article 17 on deacon.
  

• Chapter 3 Assemblies, e.g. synods and regional gathering. One theological thought was that the local church delegate power from Christ to the assemblies. But in 1957 the view changed to say that the assemblies have a direct line to the Spirit's leading.
  

• Chapter 4 Work of the church. Worship, Sacraments, Pastoral Care, Mission
  

• Chapter 5 Supervision and Discipline
  

• Chapter 6 Relations ad extra.
  

• Supervision and Discipline - Penal and Disciplinary law are distinguished. Article 58 Church order is meant for the glory of God, the welfare of the church and the salvation of the sinner; as prescribed by the word of God, the confessions and the Church order and other regulations.
  

• Article 59 the church supervision and discipline and suits the church as a believing and loving community. It is a spiritual way of governing, so the discipline must also be spiritual. Officers who apply discipline are spiritual guides, not worldly judges. Faithful still have the vocation of mutual admonishment. Martin Luther brought in the idea of priesthood of all believers; John Calvin (closer to Dutch Reform) very soon realized the results of this and he backed off from this priesthood of believers - and he moved back to ordination of ministers saying he was prepared to accept ordination as a third sacrament. This will disappear from discussion. In the Netherlands after the death of John Calvin, they followed the tradition of independent churches. Mutual admonishment is always taught, but not always practiced. Official supervision and discipline of the church is of a pastoral-canonical nature and must be applied from a Biblical and spiritual point of view. Natural justice (local notion of natural law) also has to be applied. For practical reasons, church discipline is being turned over to smaller committees. Even so it is hard to get necessary competence on these committees. Resolutions: the interested people must withdraw - but if this leaves less than a quorum they can continue. Decisions should be accompanied by reasons.
  

• Article 60 is on the sins which are subject of punishment. This document is not a question of crime, but of sin. A public offense would be covered and the continuity of the sin. E.g. there has been quite a discussion about homosexuality. This was left to the local churches to deal with it - and that lessened the tension and debate. Rules of appeal - there are different possible paths - agreement, or partial agreement and replacing some facts. (Practical Ecclesiology)