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This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these inter...
In this dynamic and wide-ranging collection of essays, prominent scholars examine the condition of church-state relations in the United States, France, and Israel. Their analyses are rooted in a wide variety of disciplines, ranging from ethnography and demography to political science, gender studies, theology, and the law.
Three stereotypical figures have come to represent the 'war on terror' - the 'dangerous' Muslim man, the 'imperilled' Muslim woman, and the 'civilized' European. Casting Out explores the use of these characterizations in the creation of the myth of the family of democratic Western nations obliged to use political, military, and legal force to defend itself against a menacing third world population. It argues that this myth is promoted to justify the expulsion of Muslims from the political community, a process that takes the form of stigmatization, surveillance, incarceration, torture, and bombing. In this timely and controversial work, Sherene H. Razack looks at contemporary legal and social...
The chapters of Religion, Gender, and Family Violence: When Prayers Are Not Enough have been written from multiple disciplinary perspectives (sociology, religious studies, law) and based on research within diverse religious traditions including Christianity, Islam, and Judaism, as well as new religious movements. Similarities and differences between traditions are highlighted based on empirical research which shows how people actually deal with family violence in different contexts. This book also addresses some of the larger historical and political backgrounds that impact the experiences of family violence amongst ethno-religious minorities. The lives of religious victims and perpetrators of family violence are considered, as well as the responsibilities of religious leaders, congregations and secular professionals in addressing this widespread social problem. Contributors are: Barbara Fisher-Townsend, Pascale Fournier, Catherine Holtmann, Eve Laoun, Yael Machtinger, Farah Malek-Bakouche, Steve McMullin, Nancy Nason-Clark, Susan Nunn, Susan Palmer, Emma Robinson, Jolyne Roy, and Victoria Snyers.
Das Buch befasst sich mit den Beziehungen zwischen Migranten und ethnischen Minderheiten und den Herausforderungen, die sie dem Nationalstaat gegenüber darstellen. Die verschiedenen Formen der Inklusion innerhalb des Nationalstaats werden aus einer transatlantischen Perspektive untersucht. Es werden Fragen der Assimilation, Integration und des Multikulturalismus erörtert, indem die nordamerikanischen und westeuropäischen Literaturen einander vergleichend gegenübergestellt werden. Der wichtigste Beitrag zur soziologischen Diskussion über Einwanderung und Ethnizität besteht darin, die interethnischen Beziehungen zwischen Juden und Türken und ihre spezifischen Verbindungen zum deutschen Nationalstaat und zur deutschen Identität genauer zu betrachten. Vorrangiges Ziel ist eine vergleichende Darstellung der transatlantischen Migrations- und Ethnizitätsdebatten sowie der Debatten über Identität, Erinnerung und Geschlecht.
By focusing on colonial histories and legacies, this edited volume breaks new ground in studying modernity in Islamicate contexts. From a range of disciplinary perspectives, the authors probe ‘colonial modernity’ as a condition whose introduction into Islamicate contexts was facilitated historically by European encroachment into South Asia, the Middle East, and Northern Africa. They also analyze the various modes through which, in Europe itself, and in North America by extension, people from Islamicate contexts have been, and continue to be, otherized in the constitution and advancement of the project of modernity. The book further brings to light a multiplicity of social, political, cultural, and aesthetic modes of resistance aimed at subverting and unsettling colonial modernity in both Muslim-majority and diasporic contexts.
This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.
This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)
Proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion.