9781472566393 online 9781849464000 hardback 9781782250777 electronic book 9781782250760 PDF
Oñati international series in law and society.
"The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development."--P. [i].
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction / Mavis Maclean and John Eekelaar Law and community practices / John Eekelaar Religious norms in family law : implications for group and personal autonomy / Farrah Ahmed Shadow boxing with community practices : a response to Eeklaar / Prakash Shah Muslim dispute resolution in Britain : towards a new framework of family law governance? / Samia Bano A 'deviant' solution : the Israeli Agunah and the religious sanctions law / Pascale Fournier, Pascal McDougall, and Merissa Lichtsztral The gendered benefits and costs of legal pluralism for muslim family law in South Africa / Waheeda Amien Assessing the impact of legislating for diversity : the Forced Marriage (civil protection) Act 2007 / Mavis Maclean Religious freedom and protection of the tight to life in minors : a case study / Teresa Picontó-Novales Cultural norms, national laws and human rights : how do we balance respect for diversity and the rights of the vulnerable? : The case of under age marriage of Roma girls and boys in Europe / Jacek Kurczewski and Małgorzata Fuszara Child access services in France : a universal service serving diverse clients / Yasmin Debarge and Benoit Bastard.Accommodating religious divorce in the secular state : a case study analysis / Gillian Douglas with Norman Doe, Russell Sandberg, Sophie Gillat-Ray, and Asma Khan How Parties to Sikh marriages use and are influenced by the norms of their religion and culture when engaging with meditation / Jagbir Jhutti-Johal Managing expectations : negotiating succession under plural legal orders in Botswana / Anne Griffiths Rights, women and human rights change in Iran / Nazila Ghanea Muslim family law in Bangladesh : resistance to secularisation / Farah deeba Chowdhury How much family conduct do we need to regulate through family law? / Jordi Ribot Variation and change in normative parental disciplne : persuasion or legislation? / Marjorie Smith and Ann Phoenix.