Adjudication in Religious Family Laws

Adjudication in Religious Family Laws
Author: Gopika Solanki
Publisher: Cambridge University Press
Total Pages: 439
Release: 2011-04-25
Genre: Law
ISBN: 1139499270

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.

Adjudicating Family Law in Muslim Courts

Adjudicating Family Law in Muslim Courts
Author: Elisa Giunchi
Publisher: Routledge
Total Pages: 188
Release: 2013-12-04
Genre: Social Science
ISBN: 1317964888

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.

Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India

Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India
Author: Yüksel Sezgin
Publisher: Cambridge University Press
Total Pages: 323
Release: 2013-08-22
Genre: Political Science
ISBN: 110743565X

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.

Adjudication in Religious Family Law

Adjudication in Religious Family Law
Author: Gopika Solanki
Publisher:
Total Pages: 439
Release: 2014-05-14
Genre: Domestic relations
ISBN: 9781139078696

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

Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans
Author: Andrew M. Riggsby
Publisher: Cambridge University Press
Total Pages: 295
Release: 2010-06-14
Genre: History
ISBN: 052168711X

Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

Research Handbook on Law and Religion

Research Handbook on Law and Religion
Author: Rex Ahdar
Publisher: Edward Elgar Publishing
Total Pages: 513
Release: 2018-09-28
Genre: Law
ISBN: 1788112474

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.

Religion and Legal Pluralism

Religion and Legal Pluralism
Author: Russell Sandberg
Publisher: Routledge
Total Pages: 294
Release: 2016-03-09
Genre: Religion
ISBN: 1317068017

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.

Gender and Multiculturalism

Gender and Multiculturalism
Author: Amanda Gouws
Publisher: Routledge
Total Pages: 392
Release: 2015-12-22
Genre: Political Science
ISBN: 1317667530

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.

Adjudication in Religious Family Laws

Adjudication in Religious Family Laws
Author: Gopika Solanki
Publisher:
Total Pages: 316
Release: 2007
Genre: Domestic relations
ISBN: 9780494386460

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.

Normative Pluralism and Human Rights

Normative Pluralism and Human Rights
Author: Kyriaki Topidi
Publisher: Routledge
Total Pages: 346
Release: 2018-06-13
Genre: Law
ISBN: 1351676490

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.