Women's Rights and Religious Law: Domestic and International Perspectives (Law and Religion)

"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."--publisher's description Cover Half Title Series information Title Page Copyright Page Table of Contents List of contributors Acknowledgements Introduction Religion and gender equality: defining the conflict Notes Part I Gendered rites: gendered rights? 1 Culture, religion and women’s international human rights Women’s rights are human rights Religious patriarchy Women’s human rights to equality must prevail in the clash with religious patriarchy Prohibition of cultural and religious practices that discriminate against women and girls Concluding observation Notes 2 Marriage, religion and gender equality The recognition of marriage and gender equality The religious/secular divide in English marriage law The Scientology case: what is a religion? Overcoming the division The ‘continental’ solution An alternative approach Discussion Conclusion Notes 3 Gender, religion and human rights in Africa On gender within the African context Understanding religion in Africa Gender and religion Squaring the circle: gender equality, religion and human rights Human rights and religion in Africa Religious rights for Rastafari Indigenous or cultural-religious practices: the limits of religious authority and secular law Conclusion Notes 4 Implications of the Vatican commitment to complementarity for the equality of the sexes in public life The invention of complementarity The contribution of Benedict XVI/Joseph Ratzinger to the invention of complementarity and the anathamatization of gender Pope Francis between choice and echo on complementarity Notes Part II Negotiating gender and religion in state law 5 Between strict constructionist shari ́ah and protecting young girls in contemporary Northern Nigeria: the case of child marriage (ijbār) Introduction Unlikely opponents The sharī'ah revolution in contemporary Northern Nigeria History “Thirteen useless drunkards came along and took away our law”: contemporary reception of British colonialism Islamic law and ijbār Contemporary practice of ijbār Forces that fight child marriage The stoning punishment: a similar rationale Post-modern Islamic law, activism and primary sources Conclusion: an alternative ethical system in an age of strict constructionist Islamic law Notes 6 Family law reform, spousal relations, and the “intentions of Islamic law” Introduction Rationales for religious family law reform Potential application for women’s fiscal empowerment Maqāṣid al-sharıīa approaches in postcolonial contexts Cautionary notes on gender and family law reforms Notes 7 The woes of WoW: the Women of the Wall as a religious social movement and as a metaphor Introduction Makom: the Western Wall and WoW as a metaphor Twenty-first century developments concerning the status of women in Israel WoW: a collective biography The road to litigation The legal battle WoW and the concept of the rule of law 2013: an unending saga Notes 8 Religious coercion and violence against women: the case of Beit Shemesh Introduction Background of the haredi population in Beit Shemesh Vandalism, graffiti and “modesty signs” Physical Violence The significance of the stringent supervision of modesty Denial of “the other” and his lifestyle Who are these extremists and how are they perceived among the local residents? How Beit Shemesh become a hotbed of haredi zealots And where are the law enforcement agencies? Summary and discussion Notes Part III Religious divorce in civil courts 9 The impact of “foreign law” bans on the struggle for women’s equality under Jewish law in the United States of America Introduction: the plural nature of Jewish marriage in the US The emergence of “foreign law” bans Civil remedies for gender inequality under Jewish law The New York State “get” laws Agreements to arbitrate disputes before a rabbinical court Undertakings in separation and divorce agreements The emergence of the halachic prenuptial agreement as the preferred solution to the agunah problem Conclusion: potential impact of foreign law bans on remedies for gender inequality under Jewish law Notes 10 Systemic misunderstanding between rabbinical courts and civil courts: the perspective of an American rabbinical court judge Introduction Interaction and injustice The need for Jewish divorce Issues of administrative jurisdiction Default settings for administrative jurisdiction Secular courts Rabbinic courts Interaction of administrative jurisdictions: problems and approaches Content jurisdiction Property Custody Conclusion Notes 11 Socio-legal gendered remedies to get refusal: top down, bottom up Introduction Ascertaining the asymmetry Feasible faith: religion in modern public life in the twenty-first century Examining (un)expected inequalities Socio-legal remedies: top down, bottom up Top down Bottom up Conclusion Acknowledgments Notes 12 Challenging stereotypes: gender-sensitive imams and the resolution of family disputes in Montreal A thumbnail sketch on method and the data set The roles of religious counsellors and the possible overlap with the legal system Who consults religious counsellors and why? Possible overlap with the legal system The know-how of religious counsellors compared to the one of lay interveners Spousal relationship Balancing the powers in the couple Giving up/forfeiting/relinquishing one’s rights Children caught in the middle Issues faced by women: obtaining the custody of their children and fearing international abduction Religious counsellor’s positions regarding the best interest of the child in case of separation of the parents Best interest of the child and role of parents towards children How do religious counsellors take account of children’s needs/wishes? The child’s participation to the alternative dispute ... Conclusion Notes Select bibliography International instruments Regional instruments Africa Arab Europe UN conferences UN treaty body jurisprudence CEDAW Human Rights Committee Other UN documents Human Rights Council Special procedure mandates Cases Statutes Index "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."-- Provided by publisher Culture, Religion And Women's International Human Rights / Frances Raday -- Marriage, Religion And Gender Equality / John Eekelaar -- Gender, Religion And Human Rights In Africa / Fareda Banda -- Implications Of The Vatican Commitment To Complementarity For The Equality Of The Sexes In Public Life / Mary Anne Case -- Between Strict Constructionist Sharia And Protecting Young Girls In Contemporary Northern Nigeria : The Case Of Child Marriage (ijbar) / Sarah Eltantawi -- Family Law Reform, Spousal Relations, And The Intentions Of Islamic Law / Celene Ibrahim -- The Woes Of Wow : The Women Of The Wall As A Religious Social Movement And As A Metaphor / Pnina Lahav -- Religious Coercion And Violence Against Women : The Case Of Beit Shemesh / Sima Zalcberg Block -- The Impact Of Foreign Law Bans On The Struggle For Women's Equality Under Jewish Law In The United States Of America / Lisa Fishbayn Joffe -- Systemic Misunderstanding Between Rabbinical Courts And Civil Courts : The Perspective Of An American Rabbinical Court Judge / Aryeh Klapper -- Socio-legal Gendered Remedies To Get Refusal : Top Down, Bottom Up / Yael Machtinger -- Challenging Stereotypes : Gender Sensitive- Imams And The Resolution Of Family Disputes In Montreal / Anne Saris. Edited By Fareda Banda And Lisa Fishhbayn Joffe. Includes Bibliographical References (pages 278-306) And Index.