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Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.
This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the ongoing development of child law, children’s rights and the protection of the child. In-depth analyses of the following topic areas are included: Childhood in the digital age; Child labour; International parental child abduction; Inter-country adoption; Sexual exploitation; Children and armed conflict; and Indigenous children. These topics are contextualised with further chapters on the concept of childhood and ...
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In principle, couples getting married in England and Wales can choose to do so in a way that reflects their beliefs. In practice, the possibility of doing so varies considerably depending on the religious or non-religious beliefs they hold. To demonstrate this divergence, this book draws on the accounts of 170 individuals who had, or led, a wedding ceremony outside the legal framework. The authors examine what these ceremonies can tell us about how couples want to marry, and what aspects of the current law preclude them from doing so. This new evidence shows how the current law does not reflect social understandings of what makes a wedding meaningful. As recommended by the Law Commission, reform is urgently needed.
By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. Th...
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Muslim women are among the most fetishised and objectified groups in society today. Much is assumed and imagined about their lives, and it is all too easy to succumb to orientalist myths. For too long, Muslim women have been reduced to two-dimensional stereotypes: empowered heroines rejecting patriarchal religious teachings, or victims of a misogyny believed to run deep within Islam. But why is this neatly packaged view so pervasive? Are oppression and subjugation actually so central to Muslim women’s lives? How is this misogyny influenced by white supremacy and Islamophobia? And where do the biggest threats to Muslim women’s freedom and safety really come from? In this bold new book, Samia Rahman explores the relationships between misogyny and Muslim women’s experiences in Britain today, untangling complex issues such as Muslim feminism, representation, toxic masculinity, marriage and sexuality. Based on extensive interviews with both women and men from Islamic communities, she offers a powerful, much-needed response to the misappropriation of female Muslim voices, revealing the many faces of Muslim womanhood within the UK.
The Marriage Act 1836 established the foundations of modern marriage law, allowing couples to marry in register offices and non-Anglican places of worship for the first time. Rebecca Probert draws on an exceptionally wide range of primary sources to provide the first detailed examination of marriage legislation, social practice, and their mutual interplay, from 1836 through to the unanticipated demands of the 2020 coronavirus pandemic. She analyses how and why the law has evolved, closely interrogating the parliamentary and societal debates behind legislation. She demonstrates how people have chosen to marry and how those choices have changed, and evaluates how far the law has been help or hindrance in enabling couples to marry in ways that reflect their beliefs, be they religious or secular. In an era of individual choice and multiculturalism, Tying the Knot sign posts possible ways in which future legislators might avoid the pitfalls of the past.
Unconventional Muslim marriages have been topics of heated public debate. Around the globe, religious scholars, policy makers, political actors, media personalities, and women’s activists discuss, promote, or reject unregistered, transnational, interreligious and other boundary-crossing marriages. Couples entering into such marriages, however, often have different concerns from those publicly discussed. Based on ethnographic research in Europe, the Middle East, North Africa and Asia, the chapters of this volume examine couples’ motivations for, aspirations about, and abilities to enter into these marriages. The contributions show the diverse ways in which such marriages are concluded, an...
Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.