Author: Gopika Solanki
Publisher: Cambridge University Press
ISBN: 1139499270
Category : Law
Languages : en
Pages : 439
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Book Description
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.
Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317964888
Category : Social Science
Languages : en
Pages : 188
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Book Description
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.
Author: Andrew M. Riggsby
Publisher: Cambridge University Press
ISBN: 052168711X
Category : History
Languages : en
Pages : 295
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Book Description
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Author: Yüksel Sezgin
Publisher: Cambridge University Press
ISBN: 110743565X
Category : Political Science
Languages : en
Pages : 323
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Book Description
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.
Author: Gopika Solanki
Publisher:
ISBN: 9781139078696
Category : Domestic relations
Languages : en
Pages : 439
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Book Description
Argues that the shared adjudication model regarding the regulation of marriage can potentially balance cultural rights and gender equality.
Author: Rex Ahdar
Publisher: Edward Elgar Publishing
ISBN: 1788112474
Category : Law
Languages : en
Pages : 513
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Book Description
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.
Author: John Witte (Jr.)
Publisher: Cambridge University Press
ISBN: 1107184754
Category : Law
Languages : en
Pages : 457
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Book Description
Presents a robust defence of the essential place of stable marital families in modern liberal societies.
Author: Russell Sandberg
Publisher: Routledge
ISBN: 1317068017
Category : Religion
Languages : en
Pages : 294
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Book Description
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.
Author: Amanda Gouws
Publisher: Routledge
ISBN: 1317667530
Category : Political Science
Languages : en
Pages : 392
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Book Description
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.
Author: Gopika Solanki
Publisher:
ISBN: 9780494386460
Category : Domestic relations
Languages : en
Pages : 316
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Book Description
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.
