Adjudication In Religious Family Laws

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Adjudication in Religious Family Laws

Gopika Solanki
Adjudication in Religious Family Laws Book PDF

Author : Gopika Solanki
Publisher : Cambridge University Press
Page : 439 pages
File Size : 51,6 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139499279

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Adjudication in Religious Family Laws by Gopika Solanki Pdf

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.

Adjudication in Religious Family Laws

Gopika Solanki
Adjudication in Religious Family Laws Book PDF

Author : Gopika Solanki
Publisher : Unknown
Page : 316 pages
File Size : 44,8 Mb
Release : 2007
Category : Domestic relations
ISBN : 0494386460

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Adjudication in Religious Family Laws by Gopika Solanki Pdf

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.

Adjudication in Religious Family Law

Gopika Solanki
Adjudication in Religious Family Law Book PDF

Author : Gopika Solanki
Publisher : Unknown
Page : 439 pages
File Size : 51,8 Mb
Release : 2014-05-14
Category : Domestic relations
ISBN : 1139078690

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Adjudication in Religious Family Law by Gopika Solanki Pdf

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

Adjudicating Family Law in Muslim Courts

Elisa Giunchi
Adjudicating Family Law in Muslim Courts Book PDF

Author : Elisa Giunchi
Publisher : Routledge
Page : 236 pages
File Size : 54,7 Mb
Release : 2013-12-04
Category : Social Science
ISBN : 9781317964872

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Adjudicating Family Law in Muslim Courts by Elisa Giunchi Pdf

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.

Adjudicating Family Law in Muslim Courts

Elisa Giunchi
Adjudicating Family Law in Muslim Courts Book PDF

Author : Elisa Giunchi
Publisher : Routledge
Page : 188 pages
File Size : 52,8 Mb
Release : 2013-12-04
Category : Social Science
ISBN : 9781317964889

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Adjudicating Family Law in Muslim Courts by Elisa Giunchi Pdf

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.

Divorce and Democracy

Saumya Saxena
Divorce and Democracy Book PDF

Author : Saumya Saxena
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,9 Mb
Release : 2022-07-31
Category : Law
ISBN : 9781108999656

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Divorce and Democracy by Saumya Saxena Pdf

This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.

The Cambridge Companion to Comparative Family Law

Shazia Choudhry,Jonathan Herring
The Cambridge Companion to Comparative Family Law Book PDF

Author : Shazia Choudhry,Jonathan Herring
Publisher : Cambridge University Press
Page : 303 pages
File Size : 43,9 Mb
Release : 2019-01-31
Category : Law
ISBN : 9781107167537

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The Cambridge Companion to Comparative Family Law by Shazia Choudhry,Jonathan Herring Pdf

Offers a comprehensive overview of the key issues facing family law globally, and explores how different countries have tackled them.

Research Handbook on Law and Religion

Rex Ahdar
Research Handbook on Law and Religion Book PDF

Author : Rex Ahdar
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 55,9 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781788112475

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Research Handbook on Law and Religion by Rex Ahdar Pdf

Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Muslim Family Law in Western Courts

Elisa Giunchi
Muslim Family Law in Western Courts Book PDF

Author : Elisa Giunchi
Publisher : Routledge
Page : 235 pages
File Size : 44,6 Mb
Release : 2014-03-26
Category : Social Science
ISBN : 9781317750307

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Muslim Family Law in Western Courts by Elisa Giunchi Pdf

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Mutinies for Equality

Tanja Herklotz,Siddharth Peter de Souza
Mutinies for Equality Book PDF

Author : Tanja Herklotz,Siddharth Peter de Souza
Publisher : Cambridge University Press
Page : 306 pages
File Size : 53,9 Mb
Release : 2021-05-31
Category : Law
ISBN : 9781009003742

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Mutinies for Equality by Tanja Herklotz,Siddharth Peter de Souza Pdf

This book studies recent transformations in the area of law and gender in modern India. It tackles legal and social developments with regard to family life, sexuality, motherhood, surrogacy, erotic labour, sexual harassment in the workplace and violence against women, among others. It analyses reform efforts towards women's and LGBTIQ rights and attempts to situate where a reform has taken place, by whom it was brought about, and what impact it has had on society. It engages with protagonists who shape the debate around law and gender and locate their efforts into a socio-political context, thereby showing that the discourses around law and gender are closely connected to broader debates around pluralism, secularism and religion, identity, culture, nationalism, and family. The book offers compelling evidence that the drivers of change are emerging from beyond the traditional institutions of courts and parliament, and that to understand the everyday implications of gender based reform, it is important to look beyond only these institutional sources.

Family Rights and Religion

John Eekelaar
Family Rights and Religion Book PDF

Author : John Eekelaar
Publisher : Routledge
Page : 582 pages
File Size : 41,5 Mb
Release : 2020-09-10
Category : Law
ISBN : 9781000152111

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Family Rights and Religion by John Eekelaar Pdf

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Feminist Advocacy, Family Law and Violence against Women

Mahnaz Akhami,Yakın Ertürk,Ann Elizabeth Mayer
Feminist Advocacy Family Law and Violence against Women Book PDF

Author : Mahnaz Akhami,Yakın Ertürk,Ann Elizabeth Mayer
Publisher : Routledge
Page : 268 pages
File Size : 45,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9780429796333

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Feminist Advocacy, Family Law and Violence against Women by Mahnaz Akhami,Yakın Ertürk,Ann Elizabeth Mayer Pdf

Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.

Religion as Empowerment

Kyriaki Topidi,Lauren Fielder
Religion as Empowerment Book PDF

Author : Kyriaki Topidi,Lauren Fielder
Publisher : Routledge
Page : 324 pages
File Size : 42,7 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317067658

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Religion as Empowerment by Kyriaki Topidi,Lauren Fielder Pdf

This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.

Gender, Religion, and Family Law

Lisa Fishbayn Joffe,Sylvia Neil
Gender Religion and Family Law Book PDF

Author : Lisa Fishbayn Joffe,Sylvia Neil
Publisher : UPNE
Page : 346 pages
File Size : 44,5 Mb
Release : 2013
Category : Law
ISBN : 9781611683271

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Gender, Religion, and Family Law by Lisa Fishbayn Joffe,Sylvia Neil Pdf

Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Constituting Religion

Tamir Moustafa
Constituting Religion Book PDF

Author : Tamir Moustafa
Publisher : Cambridge University Press
Page : 205 pages
File Size : 51,7 Mb
Release : 2018-07-25
Category : Law
ISBN : 9781108423946

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Constituting Religion by Tamir Moustafa Pdf

Constituting Religion examines how constitutional provisions for both Islam and liberal rights catalyze conflicts over religion in Malaysia and feed a 'rights-versus-rites' binary. This title is also available as Open Access.