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Gender, Religion, and Family Law

Gender, Religion, and Family Law
Author: Lisa Fishbayn Joffe
Publisher: UPNE
Total Pages: 346
Release: 2013
Genre: Law
ISBN: 1611683270

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


The Contested Place of Religion in Family Law

The Contested Place of Religion in Family Law
Author: Robin Fretwell Wilson
Publisher:
Total Pages: 745
Release: 2018-05-31
Genre: Law
ISBN: 1108417604

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Examines clashes over religious liberty spanning the life cycle of families - from birth to death.


Legalizing Plural Marriage

Legalizing Plural Marriage
Author: Mark Goldfeder
Publisher: Brandeis University Press
Total Pages: 274
Release: 2017-05-09
Genre: Law
ISBN: 1611688361

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Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched - or as far off - as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.


Family, Gender, and Law in a Globalizing Middle East and South Asia

Family, Gender, and Law in a Globalizing Middle East and South Asia
Author: Kenneth M. Cuno
Publisher: Syracuse University Press
Total Pages: 329
Release: 2009-12-28
Genre: Social Science
ISBN: 0815651481

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The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.


Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes
Author: Samia Bano
Publisher:
Total Pages: 0
Release: 2017
Genre: Dispute resolution (Law)
ISBN: 9781512600353

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How mediation and religious dispute-resolution mechanisms operate within diverse communities


Women's Rights and Religious Law

Women's Rights and Religious Law
Author: Fareda Banda
Publisher: Routledge
Total Pages: 328
Release: 2016-02-12
Genre: Law
ISBN: 1317517660

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The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.


Changing God's Law

Changing God's Law
Author: Nadjma Yassari
Publisher: Routledge
Total Pages: 302
Release: 2016-06-03
Genre: Law
ISBN: 131716864X

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This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.


Women's Rights and Islamic Family Law

Women's Rights and Islamic Family Law
Author: Lynn Welchman
Publisher: Zed Books
Total Pages: 328
Release: 2004-06
Genre: Law
ISBN: 9781842770955

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Explores the present-day realties of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.


Family Law and Gender Bias

Family Law and Gender Bias
Author: Nicholas Mercuro
Publisher: JAI Press(NY)
Total Pages: 288
Release: 1992
Genre: Political Science
ISBN:

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Blues, by Steven H. Hobbs


Nation and Family

Nation and Family
Author: Narendra Subramanian
Publisher: Stanford University Press
Total Pages: 398
Release: 2014-04-09
Genre: Political Science
ISBN: 0804790906

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The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.