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  3. Adjudication in Religious Family Laws
  • Cited by 72
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    • Publisher:
      Cambridge University Press
      Publication date:
      03 May 2011
      25 April 2011
      ISBN:
      9780511835209
      9781107006102
      9781107610590
      DOI:
      https://doi.org/10.1017/CBO9780511835209
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.71kg, 438 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.58kg, 438 Pages
      • Subjects:
      Socio-Legal Studies, Law
      Series:
      Cambridge Studies in Law and Society
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    Subjects:
    Socio-Legal Studies, Law
    Series:
    Cambridge Studies in Law and Society
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    Book description

    This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

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