Gender, religion, and family law
Subtitle: theorizing conflicts between women's rights and cultural traditions
By: edited by Lisa Fishbayn Joffe and Sylvia Neil
Series: Brandeis series on gender, culture, religion, and law
Publisher: Brandeis University Press
Published: 2012
Place of publication: Waltham, Mass
Language: eng
Number of pages: 308
ISBN-13: 9781611683257; 9781611683264; 9781611683271
Subjects: Domestic relations; Muslims; Customary law; Jews; Legal status, laws; Legal polycentricity
Description: "In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women's rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical models for engaging with gender and multicultural conflicts, explore contextual differences, and analyze and celebrate stories of successful initiatives that have transformed legal and cultural norms to improve women's lives"--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: Introduction : theorizing conflicts between women's rights and religious laws / Lisa Fishbayn Joffe; title: Principles or compromises : accommodating gender equality and religious freedom in multicultural societies / Martha Minow; title: Privatizing diversity : a cautionary tale from religious arbitration in family law / Ayelet Shachar; title: Marriage pluralism, family law jurisdiction, and sex equality in the united states / Linda C. McClain; title: From religious "right" to civil "wrong" : using Israeli tort law to unravel the knots of gender, equality, and Jewish divorce / Susan Weiss; title: Flirting with god in western secular courts : mahr in the west / Pascale Fournier; title: Muslim family law in South Africa : conflating the right to religion with the privileging of religion? / Rashida Manjoo; title: Recognition of polygamous marriages in the new South Africa / Likhapha Mbatha and Lisa Fishbayn Joffe; title: Women, resources, and changing the religious system: a case study of the orthodox Jewish wedding ritual / Irit Koren; title: The yoetzet halakhah : avoiding conflict while instituting change / Michal Roness; title: The temple of women initiates project: a framework for culturally meaningful feminist expression in rural areas / Fatou Kinø Camara.