Religion and Marriage Law

Religion and Marriage Law
Author: Russell Sandberg
Publisher: Policy Press
Total Pages: 164
Release: 2021-07
Genre: Law
ISBN: 1529212804

Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.

Cohabitation and Religious Marriage

Cohabitation and Religious Marriage
Author: Rajnaara C. Akhtar
Publisher: Bristol University Press
Total Pages: 188
Release: 2020-07-17
Genre: Law
ISBN: 1529210836

Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.

Marriage and Divorce in a Multi-Cultural Context

Marriage and Divorce in a Multi-Cultural Context
Author: Joel A. Nichols
Publisher: Cambridge University Press
Total Pages: 417
Release: 2011-10-31
Genre: Law
ISBN: 1139503979

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.

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.

Marriage, a History

Marriage, a History
Author: Stephanie Coontz
Publisher: Viking Adult
Total Pages: 456
Release: 2005
Genre: Marriage
ISBN:

Just when the clamor over "traditional" marriage couldn't get any louder, along comes this groundbreaking book to ask, "What tradition?" In Marriage, a History, historian and marriage expert Stephanie Coontz takes readers from the marital intrigues of ancient Babylon to the torments of Victorian lovers to demonstrate how recent the idea of marrying for love is - and how absurd it would have seemed to most of our ancestors. It was when marriage moved into the emotional sphere in the nineteenth century, she argues, that it suffered as an institution just as it began to thrive as a personal relationship. This enlightening and hugely entertaining book brings intelligence, perspective, and wit to today's marital debate.

Covenant Marriage in Comparative Perspective

Covenant Marriage in Comparative Perspective
Author: John Witte (Jr.)
Publisher: Wm. B. Eerdmans Publishing
Total Pages: 362
Release: 2005-10-20
Genre: Religion
ISBN: 9780802829931

Covenant marriages requiring premarital counseling and tighter strictures on divorce have recently emerged in some American states. At the same time, the doctrine of covenant has reemerged in religious circles as a common way to map the spiritual dimensions of marriage. Covenant Marriage in Comparative Perspective brings together eminent scholars from Jewish, Orthodox, Catholic, Protestant, and Islamic religious traditions as well as experts on American covenant marriage. The introduction carries out an unprecedented comparison of contract and covenant in Jewish, Christian, and Muslim understandings of marriage. The rest of the book elucidates various facets of marriage from the perspectives of both jurisprudence and religion, producing an enlightening integrated picture of the legal and spiritual dimensions of marriage.

From Sacrament to Contract

From Sacrament to Contract
Author: John Witte
Publisher: Presbyterian Publishing Corp
Total Pages: 411
Release: 2012-01-01
Genre: Religion
ISBN: 0664234321

This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.

Muslim-Non-Muslim Marriage

Muslim-Non-Muslim Marriage
Author: Gavin W. Jones
Publisher: Institute of Southeast Asian Studies
Total Pages: 340
Release: 2009
Genre: Family & Relationships
ISBN: 9812308741

"This is an excellent and rare exploration of a sensitive religious issue from many perspectives _ legal, cultural and political. The case studies from Indonesia, Malaysia, Singapore and Thailand portray the important and exciting, yet very difficult, negotiation of Islamic teachings in the changing realities of Southeast Asia, home to the majority of Muslims in the world. Interreligious marriage is an important indicator of good relations between communities in religiously diverse countries. This book will also be of great interest to students and scholars of religious pluralism in a Southeast Asian context, which has not been studied adequately." - Zainal Abidin Bagir, Executive Director, Center for Religious and Cross-cultural Studies (CRCS), Gadjah Mada University, Indonesia "The issue of Muslim-non-Muslim marriages has different connotations in the different Southeast Asian states. For example, in Thailand it is more a fluid cultural issue but in Malaysia it reflects great racial schisms with severe legal implications. This book is a welcome one as it examines the issue not only from the perspectives of various Southeast Asian nations but also from so many angles; the legal, historical, social, cultural, anthropological and philosophical. The work is scholarly, yet accessible. Underlying it, there is a vital streak of humanism." - Azmi Sharom, Associate Professor, Faculty of Law, University of Malaya

Moral Argument, Religion, and Same-Sex Marriage

Moral Argument, Religion, and Same-Sex Marriage
Author: Gordon A. Babst
Publisher: Lexington Books
Total Pages: 266
Release: 2009-09-03
Genre: Family & Relationships
ISBN: 0739141198

The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Prop 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse_such as governmental neutrality, the right to marry, and religious freedom_are presented and cast in the light of liberal-democratic theory.