Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India

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Publisher : Cambridge University Press
ISBN 13 : 110743565X
Total Pages : 323 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India by : Yüksel Sezgin

Download or read book Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India written by Yüksel Sezgin and published by Cambridge University Press. This book was released on 2013-08-22 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt and India

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Publisher :
ISBN 13 : 9781107417489
Total Pages : 324 pages
Book Rating : 4.4/5 (174 download)

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Book Synopsis Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt and India by : Yüksel Sezgin

Download or read book Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt and India written by Yüksel Sezgin and published by . This book was released on 2014-05-14 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows how state-enforced religious laws impact human rights, and what people do to advance their rights from within.

A Multicultural Entrapment

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Publisher : Cambridge University Press
ISBN 13 : 1108618685
Total Pages : 343 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis A Multicultural Entrapment by : Michael Karayanni

Download or read book A Multicultural Entrapment written by Michael Karayanni and published by Cambridge University Press. This book was released on 2020-12-17 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.

Constitutions and Religion

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786439298
Total Pages : 464 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Constitutions and Religion by : Susanna Mancini

Download or read book Constitutions and Religion written by Susanna Mancini and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Family Rights and Religion

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Publisher : Routledge
ISBN 13 : 1000152111
Total Pages : 582 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Family Rights and Religion by : John Eekelaar

Download or read book Family Rights and Religion written by John Eekelaar and published by Routledge. This book was released on 2020-09-10 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Family Law and Personal Life

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Publisher : Oxford University Press
ISBN 13 : 0192543830
Total Pages : 208 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Family Law and Personal Life by : John Eekelaar

Download or read book Family Law and Personal Life written by John Eekelaar and published by Oxford University Press. This book was released on 2017-09-29 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.

Looking for Law in All the Wrong Places

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Publisher : Fordham Univ Press
ISBN 13 : 0823283720
Total Pages : 272 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Looking for Law in All the Wrong Places by : Marianne Constable

Download or read book Looking for Law in All the Wrong Places written by Marianne Constable and published by Fordham Univ Press. This book was released on 2019-03-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Research Handbook on Law and Religion

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788112474
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Law and Religion by : Rex Ahdar

Download or read book Research Handbook on Law and Religion written by Rex Ahdar and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Routledge Handbook of International Family Law

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Publisher : Routledge
ISBN 13 : 1317043111
Total Pages : 422 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Routledge Handbook of International Family Law by : Barbara Stark

Download or read book Routledge Handbook of International Family Law written by Barbara Stark and published by Routledge. This book was released on 2019-01-30 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

Religious Minorities in Pluralist Societies

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Publisher : BRILL
ISBN 13 : 9004446818
Total Pages : 252 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Religious Minorities in Pluralist Societies by :

Download or read book Religious Minorities in Pluralist Societies written by and published by BRILL. This book was released on 2023-12-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.

Institutionalizing Rights and Religion

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Publisher : Cambridge University Press
ISBN 13 : 1108179533
Total Pages : 283 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Institutionalizing Rights and Religion by : Leora Batnitzky

Download or read book Institutionalizing Rights and Religion written by Leora Batnitzky and published by Cambridge University Press. This book was released on 2017-03-23 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.

Reforming Family Law

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Publisher : Cambridge University Press
ISBN 13 : 110849661X
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reforming Family Law by : Dörthe Engelcke

Download or read book Reforming Family Law written by Dörthe Engelcke and published by Cambridge University Press. This book was released on 2019-03-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.

The Logics of Gender Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108417566
Total Pages : 369 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Logics of Gender Justice by : Mala Htun

Download or read book The Logics of Gender Justice written by Mala Htun and published by Cambridge University Press. This book was released on 2018-03 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains when and why governments around the world take action to advance - or undermine - women's rights.

Health as a Human Right

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Publisher : Cambridge University Press
ISBN 13 : 110848364X
Total Pages : 363 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Health as a Human Right by : Octávio Luiz Motta Ferraz

Download or read book Health as a Human Right written by Octávio Luiz Motta Ferraz and published by Cambridge University Press. This book was released on 2020-12-17 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth critical analysis of the effects of the right to health in Brazil over the past thirty years.

Routledge Handbook of Religious Laws

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Publisher : Routledge
ISBN 13 : 1315518953
Total Pages : 372 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Routledge Handbook of Religious Laws by : Silvio Ferrari

Download or read book Routledge Handbook of Religious Laws written by Silvio Ferrari and published by Routledge. This book was released on 2019-04-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.

Islam, Gender, and Democracy in Comparative Perspective

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Publisher : Oxford University Press
ISBN 13 : 0191092878
Total Pages : 512 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Islam, Gender, and Democracy in Comparative Perspective by : José Casanova

Download or read book Islam, Gender, and Democracy in Comparative Perspective written by José Casanova and published by Oxford University Press. This book was released on 2017-04-14 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between secularism, democracy, religion, and gender equality has been a complex one across Western democracies and still remains contested. When we turn to Muslim countries, the situation is even more multifaceted. In the views of many western commentators, the question of Women Rights is the litmus test for Muslim societies in the age of democracy and liberalism. Especially since the Arab Awakening, the issue is usually framed as the opposition between liberal advocates of secular democracy and religious opponents of women's full equality. Islam, Gender, and Democracy in Comparative Perspective critically re-engages this too simple binary opposition by reframing the debate around Islam and women's rights within a broader comparative literature. Bringing together leading scholars from a range of disciplines, it examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part One addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part Two localizes the implementation of this nexus between law, gender, and democracy and provides contextualized responses to questions raised in Part One. The contributors explore the situation of Muslim women's rights in minority conditions to shed light on the gender politics in the modernization of the nation and to ponder on the role of Islam in gender inequality across different Muslim countries.

Women's Rights and Religious Law

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Author :
Publisher : Routledge
ISBN 13 : 1317517660
Total Pages : 328 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Women's Rights and Religious Law by : Fareda Banda

Download or read book Women's Rights and Religious Law written by Fareda Banda and published by Routledge. This book was released on 2016-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.