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In February 2018, the 'Independent Review on Sharia Law in England
and Wales' was published headed by Professor Mona Siddiqui. The
review focused on whether sharia law is being misused or applied in
a way that is incompatible with the domestic law in England and
Wales, and in particular whether there were discriminatory
practices against women who use sharia councils. It came about
after years of concerns raised by academics, lawyers and women's
activists. This timely collection of essays from experts, scholars
and legal practitioners provides a critique and evaluation of the
Inquiry findings as a starting point for analysis and debate on
current British Muslim family law practices in the matters of
marriage and divorce. At the heart of the collection lie key
questions of state action and legal reform of religious practices
that may operate 'outside the sphere of law and legal relations'
but also in conjunction with state law mechanisms and processes.
This cutting-edge book is a must read for those with an interest in
Islamic law, family law, sociology of religion, human rights,
multiculturalism, politics, anthropology of law and gender studies.
Forced Marriage: Introducing a social justice and human rights
perspective brings together leading practitioners and researchers
from the disciplines of criminology, sociology and law. Together
the contributors provide an international, multi-disciplinary
perspective that offers a compelling alternative to prevailing
conceptualisations of the problem of forced marriage. The volume
examines advances in theoretical debates, analyses existing
research and presents new evidence that challenges the cultural
essentialism that often characterises efforts to explain, and even
justify, this violation of women's rights. By locating forced
marriage within broader debates on violence against women, social
justice and human rights, the authors offer an intersectional
perspective that can be used to inform both theory and practical
efforts to address violence against diverse groups of women. This
unique book, which is informed by practitioner insights and
academic research, is essential reading for practitioners and
students of sociology, criminology, gender studies and law.
While forced marriage and 'honour-based' violence attract media
attention, little is known about the issues and experiences of
South Asian women and children who are affected by gendered
violence. This book explores the key theoretical and empirical
issues involved in gendered violence, ethnicity and South Asian
communities. The editors draw together leading researchers and
practitioners to provide a critical reflection of contemporary
debates and consider how these reflections can inform policy,
research and practice. The contributors consider the primacy of
religion and culture, and how South Asian women face multiple and
intersecting forms of violence. Future directions for facilitating
improved services for survivors of violence against women from
different racial and ethnic backgrounds are also proposed. Violence
Against Women in South Asian Communities will have widespread
relevance for professional academics, researchers, students, policy
makers, practitioners and anyone concerned with gendered violence
within South Asian communities.
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.
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 non-traditional 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
non-formal 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.
Forced Marriage: Introducing a social justice and human rights
perspective brings together leading practitioners and researchers
from the disciplines of criminology, sociology and law. Together
the contributors provide an international, multi-disciplinary
perspective that offers a compelling alternative to prevailing
conceptualisations of the problem of forced marriage. The volume
examines advances in theoretical debates, analyses existing
research and presents new evidence that challenges the cultural
essentialism that often characterises efforts to explain, and even
justify, this violation of women's rights. By locating forced
marriage within broader debates on violence against women, social
justice and human rights, the authors offer an intersectional
perspective that can be used to inform both theory and practical
efforts to address violence against diverse groups of women. This
unique book, which is informed by practitioner insights and
academic research, is essential reading for practitioners and
students of sociology, criminology, gender studies and law.
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