Women S Rights And Religious Law

Author: Fareda Banda
Publisher: Routledge
ISBN: 1317517652
Size: 73.66 MB
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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.

Constitutionalism Democracy And Religious Freedom

Author: Hans-Martien ten Napel
Publisher: Taylor & Francis
ISBN: 1317236912
Size: 34.53 MB
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In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Women S Human Rights

Author: Susan Deller Ross
Publisher: University of Pennsylvania Press
ISBN: 0812220919
Size: 46.11 MB
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According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Religion And International Law

Author: Mark W. Janis
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111746
Size: 79.22 MB
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One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Feminist Constitutionalism

Author: Beverley Baines
Publisher: Cambridge University Press
ISBN: 0521761573
Size: 26.54 MB
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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Competing Fundamentalisms And Egyptian Women S Family Rights

Author: Jasmine Moussa
Publisher: BRILL
ISBN: 9004203095
Size: 12.93 MB
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Critiquing both universalism and cultural relativism as theoretical approaches, this book presents a comprehensive study of Egypt s Shar a-derived family law, and proposing practical methods to advance women s family rights on the ground, while respecting their religious and cultural identities.

Religion The Secular And The Politics Of Sexual Difference

Author: Linell E. Cady
Publisher: Columbia University Press
ISBN: 0231536046
Size: 80.58 MB
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Global struggles over women's roles, rights, and dress have taken center stage in a drama that casts the secular and the religious in tense if not violent opposition. Advocates for equality speak of the issue in terms of rights and modern progress while reactionaries ground their authority in religious and scriptural appeals. Both sides presume women's emancipation is tied to secularization. This volume upsets these certainties by blending diverse voices and traditions, both secular and religious, in studies historicizing, questioning, and testing the implicit links between secularism and expanded freedoms for women. Rather than treat secularism as the answer to conflicts over gender and sexuality, these essays show how it structures the conditions generating them.

Law And Religion

Author: W. Cole Durham (Jr.)
Publisher: Wolters Kluwer Law and Business
Size: 23.65 MB
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In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context. Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.

Mixed Blessings

Author: Amanda Whiting
ISBN: 9789004151413
Size: 18.47 MB
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The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public organization of social, political and religious life; they have furthermore constructed gender and familial relations in ways that subordinate women. Yet they have also offered promises of women's empowerment, and provided rules and procedures, norms, values, and interpretations of sacred traditions to deliver those empancipatory promises. Each chapter is devoted to a single state; first, the history and current framework of the national legal system is introduced; then the place of religion in the state is explained; and finally, by means of precise and detailed case studies or examples, each author explores how these sometimes competing, sometimes colluding regimes constructed women and how women interpreted this positioning and sought to resituate themselves.