What we do - profile

The team deals with two basic areas of problems. The first is individual religious legal systems, where both the structure of the legal system and the fundamental beliefs of a given religion are examined, and selected institutions are then elaborated in depth, for example, marriage and the legal consequences of its conclusion in individual systems. The scope is broad, and the entire activity of the team is focused on the gradual elaboration of basic legal institutions. It should be pointed out that all questions are elaborated in a comparison of individual religious legal systems, which leads to the recognition of affinities and differences, as well as their reasons. The second main area of ​​the problems examined is the question of the relationship between the state and religious societies and religion in general, where knowledge from the individual legal systems being elaborated and the general approach of the state, i.e. secular law, are applied. Although it might seem that this is a marginal matter, it is already clear from the team's short period of operation that the opposite is true, especially in the relationship between freedom of religion and the interests of an ordinary civil state. An interesting and certainly very important part of this area of ​​problems in the future is the problems associated with the application of religious law in countries where it is granted some legal status by the state.

Theoretical and practical applicability

The subject of research is interesting for several reasons. From the point of view of legal theory, it is appropriate to realize the roots of these legal systems and how they are applied. Perhaps the biggest problem in understanding religious law is understanding how those who apply it think, which is often a completely different way of thinking than what we are used to in secular law. From the point of view of theory, the question of applying common procedures of legal argumentation to the interpretation of religious law is interesting, or even better, what are the procedures for interpreting religious law and whether they can also be used for interpreting secular law. Furthermore, an understanding of the state and state law in relation to religion is important. In legal practice, knowledge can be used that can help in the application of such law or, conversely, in defining the relationship to state law. Since religious rights have not disappeared even in the territory of the Czech Republic, and the current legal system of the Czech Republic leaves a certain space for them, this is not an examination of something inanimate, but on the contrary, a very lively topic that develops completely autonomously from state law.

Currently solved tasks

The team is currently working on the issues of comparing "dowry", or property relations at the time of marriage, when we are left with individual property claims, as well as who pays them and what happens to them in the event of the dissolution of the marriage. So far, we have found significant similarities between the Jewish and Islamic concepts. We are also examining similar institutions within Roman law. In parallel, the team is continuously dealing with the issue of the relationship between religion and the state, both in the context of the Czech Republic, where this issue is particularly relevant in terms of financing (especially in relation to church restitutions), and in the context of the Middle East, where religion and religious law traditionally have a great influence on state law and the functioning of the state.

What we offer

Since the team is composed to cover a very wide range of legal disciplines and religious legal systems under study, there is also a wide range of questions that we are able to examine. From the point of view of the selected issue, we are able to answer legal questions from all three religions and their penetration into state law, not only from the perspective of recent law, but also from the perspective of legal history. We routinely present the conclusions of our research at scientific conferences and through monographs and professional articles, as well as within the framework of teaching.

The team presents its conclusions, as mentioned above, in lecturing, which also entails the ability and willingness to conduct qualification work on the given issue. Since 2014, the team has been providing teaching for the specialisation project (formerly a certificate program) "State, Religion and Law".

What is our history?

The team's origins date back to 2010, when the need for mutual consultations between several faculty members working in various departments became apparent, who had been systematically dealing with the issue of religious law and confessional law in their scientific activities for a long time, from many angles. The preparation and implementation of the Winter School in Israel, which the team had been preparing since 2010 and whose first year took place the following year, also contributed to strengthening mutual relations. Gradually, scientific activities were coordinated, and since 2011 the team has been firmly constituted in connection with the joint processing of research project proposals and in connection with the deepening of the comparative approach in processing individual religious rights. At the same time, the team began to specifically seek cooperation, especially with specialized foreign workplaces. In the years 2022 to 2023, there was a partial personnel change in the team.

Collaboration

Due to the uniqueness of its comprehensive focus, the team is currently focused mainly on cooperation with foreign partners in Poland, Great Britain, Slovakia and Israel. In addition to university departments, the team logically also cooperates with practice, for example, personnel connections with the diocesan church courts. The team also cooperates with several rabbis and members of the Beit-din.