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Adjudication in Religious Family Laws - Cultural Accommodation, Legal Pluralism, and Gender Equality in India (Paperback)
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Adjudication in Religious Family Laws - Cultural Accommodation, Legal Pluralism, and Gender Equality in India (Paperback)
Series: Cambridge Studies in Law and Society
Expected to ship within 12 - 17 working days
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How do multireligious and multiethnic societies construct
accommodative arrangements that can both facilitate cultural
diversity and ensure women's rights? Based on a study of legal
adjudication of marriage and divorce across formal and informal
arenas in contemporary Mumbai, 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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