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: 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: 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: Shazia Choudhry
Publisher: Cambridge University Press
ISBN: 1316733378
Category : Law
Languages : en
Pages : 303
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Book Description
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.
Author: Katherine Lemons
Publisher: Cornell University Press
ISBN: 1501734784
Category : Social Science
Languages : en
Pages : 220
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Book Description
Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.
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: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1108423949
Category : Law
Languages : en
Pages : 205
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Book Description
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.
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: Mark Hill
Publisher: Cambridge University Press
ISBN: 1107105439
Category : Law
Languages : en
Pages : 339
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Book Description
Examines the interdisciplinary development of law and religion, with a particular focus on Professor Norman Doe's pioneering role.
Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1108334075
Category : Law
Languages : en
Pages :
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Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
