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Muslim Marriage in Western Courts
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these inter...
Managing Family Justice in Diverse Societies
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.
Religion, Gender, and Family Violence
The chapters of Religion, Gender, and Family Violence: When Prayers Are Not Enough have been written from multiple disciplinary perspectives (sociology, religious studies, law) and based on research within diverse religious traditions including Christianity, Islam, and Judaism, as well as new religious movements. Similarities and differences between traditions are highlighted based on empirical research which shows how people actually deal with family violence in different contexts. This book also addresses some of the larger historical and political backgrounds that impact the experiences of family violence amongst ethno-religious minorities. The lives of religious victims and perpetrators of family violence are considered, as well as the responsibilities of religious leaders, congregations and secular professionals in addressing this widespread social problem. Contributors are: Barbara Fisher-Townsend, Pascale Fournier, Catherine Holtmann, Eve Laoun, Yael Machtinger, Farah Malek-Bakouche, Steve McMullin, Nancy Nason-Clark, Susan Nunn, Susan Palmer, Emma Robinson, Jolyne Roy, and Victoria Snyers.
Secularism on the Edge
In this dynamic and wide-ranging collection of essays, prominent scholars examine the condition of church-state relations in the United States, France, and Israel. Their analyses are rooted in a wide variety of disciplines, ranging from ethnography and demography to political science, gender studies, theology, and the law.
Gender Equality
Examines the persisting inequality between formal commitments to gender equality and equal citizenship.
Immigration, Integration and the Law
This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.
Migration, Citizenship, Ethnos
This collection of essays addresses three interrelated themes: the basic issues in contemporary German and European Migration since 1945 with particular focus on new developments in the 80s; the ways in which the citizenship debate has proceeded and how immigration and citizenship have been handled in Western Europe.
Muslim Families, Politics and the Law
Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are espe...
Casting Out
Three stereotypical figures have come to represent the 'war on terror' - the 'dangerous' Muslim man, the 'imperilled' Muslim woman, and the 'civilized' European. Casting Out explores the use of these characterizations in the creation of the myth of the family of democratic Western nations obliged to use political, military, and legal force to defend itself against a menacing third world population. It argues that this myth is promoted to justify the expulsion of Muslims from the political community, a process that takes the form of stigmatization, surveillance, incarceration, torture, and bombing. In this timely and controversial work, Sherene H. Razack looks at contemporary legal and social...
Sister Wives, Surrogates and Sex Workers
Did she choose that?’ Or, more normatively, ’Why would she choose that?’ This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women’s conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law’s approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Austra...
