Gender Religion and Family Law

See also autonomy; legal pluralism in family law; principle or compromise in gender equality vs. religious freedom polygyny (polygamy): in Senegal, 269; in South Africa, xxvii–xxviii, 171, 178, 183–84, 190–205, 206–7n22, 206n16, 207n28.

Gender  Religion  and Family Law

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

Gender and Justice in Family Law Disputes

For a complete list of books that are available in the series, visit www.upne.com Samia Bano, editor, Gender and Justice in Family Law Disputes: Women, Mediation, and Religious Arbitration Orit Rozin, A Home for All Jews: Citizenship, ...

Gender and Justice in Family Law Disputes

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

The public perceive the court as a religious institution because of two reasons: first, the family law is derived from Islamic sharia, and second, because the judges are graduated from Islamic religious studies. 2.

Gender  Religion and Change in the Middle East

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.

Love Marriage and Jewish Families

With expertise in women's rights under Jewish family law, African customary law, and the intersection between secular and religious law, she edited Gender, Religion and Family Law: Theorizing Conflicts Between Women's Rights and ...

Love  Marriage  and Jewish Families

The concepts of gender, love, and family - as well as the personal choices regarding gender-role construction, sexual and romantic liaisons, and family formation - have become more fluid under a society-wide softening of boundaries, hierarchies, and protocols. Sylvia Barack Fishman gathers the work of social historians and legal scholars who study transformations in the intimate realms of partnering and family construction among Jews. Following a substantive introduction, the volume casts a broad net. Chapters explore the current situation in both the United States and Israel, attending to what once were considered unconventional household arrangements - including extended singlehood, cohabitating couples, single Jewish mothers, and GLBTQ families - along with the legal ramifications and religious backlash. Together, these essays demonstrate how changes in the understanding of male and female roles and expectations over the past few decades have contributed to a social revolution with profound - and paradoxical - effects on partnering, marriage, and family formation. This diverse anthology - with chapters focusing on demography, ethnography, and legal texts - will interest scholars and students in Jewish studies, women's and gender studies, Israel studies, and American Jewish history, sociology, and culture.

Women s Rights and Religious Law

She is an expert on women's rights under Jewish family law and African customary law and on the intersection between secular and religious law. She has co-edited several anthologies, including Gender, Religion and Family Law: Theorizing ...

Women s Rights and Religious Law

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.

Research Handbook on Interdisciplinary Approaches to Law and Religion

law. and. religion: commonalities. and. critiques. Marie. A. Failinger. INTRODUCTION. Feminist jurisprudence is a family of theories about how the law assumes, reflects, reinforces, and shapes individual and social gender identification ...

Research Handbook on Interdisciplinary Approaches to Law and Religion

Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.

Religious Crisis and Civic Transformation

Gender,. Culture,. Religion,. and. Law. SerieS editorS: LiSa FiShbayn JoFFe and SyLvia neiL This series focuses on the ... editors, Gender, Religion, and Family Law: Theorizing Conflicts between Women's Rights and Cultural Traditions ...

Religious Crisis and Civic Transformation

This book offers a fresh interpretation of the connection between the West German Catholic Church and post-1950s political debates on women's reproductive rights and the protection of life in West Germany. According to Tichenor, Catholic women in West Germany, influenced by the culture of consumption, the sexual revolution, Vatican II reforms, and feminism, sought to renegotiate their relationship with the Church. They demanded a more active role in Church ministries and challenged the Church's hierarchical and gendered view of marriage and condemnation of artificial contraception. When the Church refused to compromise, women left en masse. In response, the Church slowly stitched together a new identity for a postsecular age, employing an elaborate nuptial symbolism to justify its stance on celibacy, women's ordination, artificial contraception, abortion, and reproductive technologies. Additionally, the Church returned to a radical interventionist agenda that embraced issue-specific alliances with political parties other than the Christian parties. In her conclusion, Tichenor notes more recent setbacks to the German Catholic Church, including disappointment with the reactionary German Pope Benedict XVI and his failure in 2010 to address over 250 allegations of sexual abuse at twenty-two of Germany's twenty-seven dioceses. How the Church will renew itself in the twenty-first century remains unclear. This closely observed case study, which bridges religious, political, legal, and women's history, will interest scholars and students of twentieth-century European religious history, modern Germany, and the intersection of Catholic Church practice and women's issues.

Constitutions and Religion

oncilable', 'lawyers, judges, policymakers, religious leaders, and the individuals involved can and do find ways of ... Theorizing Conflicts between Women's Rights and Religious Laws in GENDER , RELIGION , & FAMILY LAW : THEORIZING ...

Constitutions and Religion

Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders.

Legalizing Plural Marriage

The Next Frontier in Family Law Mark Goldfeder. brandeis series on gender, culture, religion, and law Series editors: Lisa Fishbayn Joffe and Sylvia Neil This series focuses on the conflict between women's claims to gender equality and ...

Legalizing Plural Marriage

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.

University Press of New England Fall 2012 New Titles

Gender , Religion , and Family Law Theorizing Conflicts between Women's Rights and Cultural Traditions Marriage and Divorce in the Jewish State Israel's Civil War SUSAN M. WEISS AND NETTY C. GROSS - HOROWITZ EDITED BY LISA FISHBAYN ...

University Press of New England  Fall 2012 New Titles


Interrogating Harmful Cultural Practices

She is an expert on women's rights under Jewish family law and African customary law and on the intersection between secular and religious law. She has co-edited several anthologies, including Gender, Religion and Family Law: Theorizing ...

Interrogating Harmful Cultural Practices

This volume explores a variety of ’harmful cultural practices’: a term increasingly employed by organizations working within a human rights framework to refer to certain discriminatory practices against women in the global South. Drawing on recent work by feminists across the social sciences, as well as activists from around the world, this volume discusses and presents research on practices such as veiling, forced marriage, honour related and dowry violence, female genital ’mutilation’, lip plates and sex segregation in public space. With attention to the analytic utility of the notion of harmful cultural practices, this volume explores questions surrounding the contribution of feminist thought to international and NGO policies on such practices, whether western beauty practices should be analysed in similar terms, or should the notion as such from an anthropological perspective be rejected, how harmful cultural practices relate to processes of culturalization, religionization and secularization, and how they can be challenged, come to transform and disappear. Presenting concrete, empirical case studies from Africa, South East Asia, Europe and the UK Interrogating Harmful Cultural Practices will be of interest to scholars of sociology, anthropology, development and law with interests in gender, the body, violence and women’s agency.

Family Law Reform Gender Equality and Underage Marriage

Family codes in the Middle East & North Africa (MENA) region cover issues of personal status, which include marriage, divorce, child custody and support, alimony, and inheritance.

Family Law Reform  Gender Equality  and Underage Marriage


Legalized Families in the Era of Bordered Globalization

In Canada in 2003 , a small Muslim group declared its intention to establish a religious court in Ontario that would ... Gender , Religion & Family Law : Theorizing Conflicts between Women's Rights and Cultural Traditions ( Waltham ...

Legalized Families in the Era of Bordered Globalization

The first book to provide a socio-legal perspective on current interrelations between globalization, borders, families and the law.

A Home for All Jews

Gender,. Culture,. Religion,. and. Law. editors · Lisa Fishbayn Joffe· Sylvia Neil This series focuses on the conflict ... editors, Gender, Religion, and Family Law: Theorizing Conflicts between Women's Rights and Cultural Traditions ...

A Home for All Jews

Orit Rozin's inspired scholarship focuses on the construction and negotiation of citizenship in Israel during the state's first decade. Positioning itself both within and against much of the critical sociological literature on the period, this work reveals the dire historical circumstances, the ideological and bureaucratic pressures, that limited the freedoms of Israeli citizens. At the same time it shows the capacity of the bureaucracy for flexibility and of the populace for protest against measures it found unjust and humiliating. Rozin sets her work within a solid analytical framework, drawing on a variety of historical sources portraying the voices, thoughts, and feelings of Israelis, as well as theoretical literature on the nature of modern citizenship and the relation between citizenship and nationality. She takes on both negative and positive freedoms (freedom from and freedom to) in her analysis of three discrete yet overlapping issues: the right to childhood (and freedom from coerced marriage at a tender age); the right to travel abroad (freedom of movement being a pillar of a liberal society); and the right to speak out - not only to protest without fear of reprisal, but to speak in the expectation of being heeded and recognized. This book will appeal to scholars and students of Israeli history, law, politics, and culture, and to scholars of nation building more generally.

The Polygamy Question

The mission of the GCRL Project is to produce scholarship that explores the tension between women's equality claims and religious laws. She has edited the anthologies Gender, Religion and Family Law: Theorizing Conflicts Between Women's ...

The Polygamy Question

The practice of polygamy occupies a unique place in North American history and has had a profound effect on its legal and social development. The Polygamy Question explores the ways in which indigenous and immigrant polygamy have shaped the lives of individuals, communities, and the broader societies that have engaged with it. The book also considers how polygamy challenges our traditional notions of gender and marriage and how it might be effectively regulated to comport with contemporary notions of justice. The contributors to this volume—scholars of law, anthropology, sociology, political science, economics, and religious studies—disentangle diverse forms of polygamy and polyamory practiced among a range of religious and national backgrounds including Mormon and Muslim. They chart the harms and benefits these models have on practicing women, children, and men, whether they are independent families or members of coherent religious groups. Contributors also address the complexities of evaluating this form of marriage and the ethical and legal issues surrounding regulation of the practice, including the pros and cons of legalization. Plural marriage is the next frontier of North American marriage law and possibly the next civil rights battlefield. Students and scholars interested in polygamy, marriage, and family will find much of interest in The Polygamy Question. Contributors include Kerry Abrams, Martha Bailey, Lori Beaman, Janet Bennion, Jonathan Cowden, Shoshana Grossbard, Melanie Heath, Debra Majeed, Rose McDermott, Sarah Song, and Maura Irene Strassberg.

Girls of Liberty

BRANDEIS SERIES ON GENDER, CULTURE, RELIGION, AND LAW Series editors: Lisa Fishbayn Joffe and Sylvia Neil This series focuses on ... Legalizing Plural Marriage:The Next Frontier in Family Law Susan M. Weiss and Netty C. Gross-Horowitz, ...

Girls of Liberty

Following the Balfour Declaration and the British conquest of Palestine (1917-1918), the small Jewish community that lived there wanted to establish an elected assembly as its representative body. The issue that hindered this aim was whether women would be part of it. A group of feminist Zionist women from all over the country created a political party that participated in the elections, even before women's suffrage was enacted. This unique phenomenon in Mandatory Palestine resulted in the declaration of women's equal rights in all aspects of life by the newly founded Assembly of Representatives. Margalit Shilo examines the story of these activists to elaborate on a wide range of issues, including the Zionist roots of feminism and nationalism; the ultra-Orthodox Jewish sector's negation of women's equality; how traditional Jewish concepts of women fashioned rabbinical attitudes on the question of women's suffrage; and how the fight for women's suffrage spread throughout the country. Using current gender theories, Shilo compares the Zionist suffrage struggle to contemporaneous struggles across the globe, and connects this nearly forgotten episode, absent from Israeli historiography, with the present situation of Israeli women. This rich analysis of women's right to vote within this specific setting will appeal to scholars and students of Israel studies, and to feminist and social historians interested in how contexts change the ways in which activism is perceived and occurs.

Church State and Family

Sezgin, Yuksel, Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt, and India (Cambridge: Cambridge University Press, ... Gender, Religion, and Family Law (Waltham, MA: Brandeis University Press, 2012), pp.

Church  State  and Family

Presents a robust defence of the essential place of stable marital families in modern liberal societies.

The Routledge Handbook of Religion Gender and Society

2013. “Feminism, law and religion.” In Gender in law, culture, and society, edited by Martha Albertson Fineman. ... In Contemporary Encounters in Gender and Religion, edited by Lena Gemzöe, ... 2013. Gender, religion, and family law: ...

The Routledge Handbook of Religion  Gender and Society

In an era which many now recognise as ‘post-secular’, the role that religions play in shaping gender identities and relationships has been awarded a renewed status in the study of societies and social change. In both the Global South and the Global North, in the 21st century, religiosity is of continuing significance, not only in people’s private lives and in the family, but also in the public sphere and with respect to political and legal systems. The Routledge Handbook of Religion, Gender and Society is an outstanding reference source to these key topics, problems and debates in this exciting subject area. Comprising over 40 chapters by a team of international contributors, the Handbook is divided into three parts: • Critical debates for religions, gender and society: theories, concepts and methodologies • Issues and themes in religions, gender and society • Contexts and locations Within these sections, central issues, debates and problems are examined, including activism, gender analysis, intersectionality and feminism, oppression and liberation, equality, bodies and embodiment, space and place, leadership and authority, diaspora and migration, marriage and the family, generation and aging, health and reproduction, education, violence and conflict, ecology and climate change, and the role of social media. The Routledge Handbook of Religion, Gender and Society is essential reading for students and researchers in religious studies and gender studies. The Handbook will also be very useful for those in related fields, such as cultural studies, area studies, politics, sociology, anthropology and history.

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

The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia.

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

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.

Women s Rights and Religious Law

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.

Women s Rights and Religious Law

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.