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

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

Legalizing Plural Marriage

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

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.

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

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.

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

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.

Changing God¿s Law

Changing God¿s Law
Author: Nadjma Yassari
Publisher: Routledge
Total Pages: 290
Release: 2018-05-22
Genre:
ISBN: 9781138605701

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.

Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes
Author: Samia Bano
Publisher: Brandeis University Press
Total Pages: 350
Release: 2017-05-02
Genre: Law
ISBN: 1512600369

Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Gender, Religion and Change in the Middle East

Gender, Religion and Change in the Middle East
Author: Inger Marie Okkenhaug
Publisher: Bloomsbury Publishing
Total Pages: 237
Release: 2005-03-01
Genre: History
ISBN: 1845207289

The complicated link between women and religion in the Middle East has been a source of debate for centuries, and has special resonance today. Whether religion reinforces female oppression or provides opportunities for women - or a combination of both - depends on time, place and circumstance. This book seeks to contextualize women's roles within their religious traditions rather than through the lens of a dominant culture. Gender, Religion and Change in the Middle East crosses boundaries and borders, and will appeal to a global audience.This book provides a comprehensive survey of women in Muslim, Jewish and Christian communities in the Middle East during the last two centuries. The authors consider women's defined roles within these religious communities, as well as exploring how women themselves develop and apply their own strategies within religious societies. The wide-ranging accounts draw on case studies from Iran, Turkey, Afghanistan, Israel, Jordan, Egypt, Palestine and Lebanon since 1800. Throughout, the authors challenge our understanding of patriarchy to offer a more nuanced account.Taking a balanced look at the issues of religion, gender and change in the Middle East, this unique interdisciplinary study gives new insight to the theme of women and religion in the Middle East.