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

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.

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.

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.

Offers a legal and historical context for reforming family law and legalizing plural marriage

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.

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.

A comprehensive look at how rabbinical courts control Israeli marriage and divorce