Adjudication in Religious Family Laws

Adjudication in Religious Family Laws

Author: Gopika Solanki

Publisher: Cambridge University Press

Published: 2011-04-25

Total Pages: 439

ISBN-13: 1139499270

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This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.


Adjudicating Family Law in Muslim Courts

Adjudicating Family Law in Muslim Courts

Author: Elisa Giunchi

Publisher: Routledge

Published: 2013-12-04

Total Pages: 188

ISBN-13: 1317964888

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While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.


Adjudication in Religious Family Law

Adjudication in Religious Family Law

Author: Gopika Solanki

Publisher:

Published: 2014-05-14

Total Pages: 439

ISBN-13: 9781139078696

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Argues that the shared adjudication model regarding the regulation of marriage can potentially balance cultural rights and gender equality.


Adjudication in Religious Family Laws

Adjudication in Religious Family Laws

Author: Gopika Solanki

Publisher:

Published: 2007

Total Pages: 316

ISBN-13: 9780494386460

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Multi-religious and multi-ethnic democracies face the challenge of constructing accommodative arrangements that can both facilitate cultural diversity and ensure women's rights within religio-cultural groups. This thesis is an investigation of the Indian state's policy of legal pluralism in recognition of religious family laws in India. The Indian state has adopted a model of what I have termed "shared adjudication" in which the state shares its adjudicative authority with internally heterogeneous religious groups and civil society in the regulation of marriage among Hindus and Muslims.


Muslim Women's Quest for Gender Justice

Muslim Women's Quest for Gender Justice

Author: Mengia Hong Tschalaer

Publisher: Cambridge University Press

Published: 2017-07-04

Total Pages: 277

ISBN-13: 1107155770

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"Discusses the claim that understanding the legal world as plural is an important starting point to think about women's access to justice"--


Religion and Legal Pluralism

Religion and Legal Pluralism

Author: Russell Sandberg

Publisher: Routledge

Published: 2016-03-09

Total Pages: 294

ISBN-13: 1317068017

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In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.


Gender and Multiculturalism

Gender and Multiculturalism

Author: Amanda Gouws

Publisher: Routledge

Published: 2015-12-22

Total Pages: 392

ISBN-13: 1317667530

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Multiculturalism is a concept that has been stretched to include a variety of political conditions, mainly in countries that have liberal democratic political systems and traditions. In this North/South ‘comparison’ we illuminate remedies pursued by governments and various political interests to address the binary. Tensions of culture and rights may not be the same everywhere. An interesting point of comparison is in the treatment of liberalism – often assumed in the global North to be the universal norms to be defended, whereas in the global South, liberalism itself may be viewed as the problem. Colonial histories are fraught with discriminatory legislation aimed at accommodating indigenous populations, often a trade-off for more structural redistributive justice through, for example, land reform. In Africa, for example, the codification of customary law has reinforced misogynistic and static interpretations of ‘African culture’. This book will show how varied and complex the embodiment of multiculturalism as a political practice, or policy discourse in different political contexts can be, and how often the outcome of multicultural discourses creates a binary between culture and universal human rights. The aim of this book is to grapple with dislodging this binary. This book was published as a special issue of Politikon.


The Cambridge Companion to Comparative Family Law

The Cambridge Companion to Comparative Family Law

Author: Shazia Choudhry

Publisher: Cambridge University Press

Published: 2019-01-31

Total Pages: 303

ISBN-13: 1316733378

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Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.