Adjudication In Religious Family Law
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Adjudication In Religious Family Laws
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Author : Gopika Solanki
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-25
Adjudication In Religious Family Laws written by Gopika Solanki and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-25 with Law categories.
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.
Adjudication In Religious Family Law
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Author : Gopika Solanki
language : en
Publisher:
Release Date : 2014-05-14
Adjudication In Religious Family Law written by Gopika Solanki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Domestic relations categories.
Argues that the shared adjudication model regarding the regulation of marriage can potentially balance cultural rights and gender equality.
Adjudication In Religious Family Laws
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Author : Gopika Solanki
language : en
Publisher:
Release Date : 2007
Adjudication In Religious Family Laws written by Gopika Solanki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Domestic relations categories.
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.
Adjudicating Family Law In Muslim Courts
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Author : Elisa Giunchi
language : en
Publisher: Routledge
Release Date : 2013-12-04
Adjudicating Family Law In Muslim Courts written by Elisa Giunchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-04 with Social Science categories.
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.
Gender And Justice In Family Law Disputes
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Author : Samia Bano
language : en
Publisher: Brandeis University Press
Release Date : 2017-05-02
Gender And Justice In Family Law Disputes written by Samia Bano and has been published by Brandeis University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-02 with Law categories.
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.
Research Handbook On Law And Religion
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Author : Rex Ahdar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Research Handbook On Law And Religion written by Rex Ahdar and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
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.
Muslim Family Law In Western Courts
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Author : Elisa Giunchi
language : en
Publisher: Routledge
Release Date : 2014-03-26
Muslim Family Law In Western Courts written by Elisa Giunchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Social Science categories.
This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Adjudicating Family Law In Muslim Courts
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Author : Elisa Giunchi
language : en
Publisher: Routledge
Release Date : 2013-12-04
Adjudicating Family Law In Muslim Courts written by Elisa Giunchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-04 with Social Science categories.
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.
Family Law And Religion
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Author : Carolyn Hamilton (LL.B.)
language : en
Publisher:
Release Date : 1995
Family Law And Religion written by Carolyn Hamilton (LL.B.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
4. The Upbringing of Children
Divorce And Democracy
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Author : Saumya Saxena
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-31
Divorce And Democracy written by Saumya Saxena and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-31 with Law categories.
This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.