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Muslim Women and Shari'ah Councils
Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain
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.
Rights in Context
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, ...
Gender and Justice in Family Law Disputes
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 ...
The Feminist Legislation Project
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws...
From Transnational Relations to Transnational Laws
This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversi...
Shariʿa Councils and Muslim Women in Britain
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
Muslim Families, Politics and the Law
Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are espe...
Exploring the Multitude of Muslims in Europe
In Exploring the Multitude of Muslims in Europe a number of friends and colleagues of Jørgen S. Nielsen have joined together to celebrate his life and work by reflecting his more than forty years of scholarly contributions to the study of Islam and Muslims in Europe. The fourteen articles move through conceptualisations, productions and explorations of the multitudes of Muslims in Europe, and the authors draw on Jørgen S. Nielsen’s own work on the history and challenges of the Muslim community in Europe, critical thinking, ethnicities and theologies of Muslims in Europe, Muslim minorities, Muslim-Christian relations, and on Islamic legal challenges in Europe. Contributors are: Samim Akgönül, Ahmet Alibašić, Naveed Baig, Safet Bektovic, Mohammed Hashas, Thomas Hoffmann, Hans Raun Iversen, Göran Larsson, Werner Menski, Egdūnas Račius, Lissi Rasmussen, Mathias Rohe, Emil B. H. Saggau, Jakob Skovgaard-Petersen, Thijl Sunier, and Niels Valdemar Vinding.
'Muslim Woman'/Muslim women
This book addresses South Asian Muslim women’s lived experiences, whilst questioning dominant concepts of agency. Negative, homogenising constructions of the ‘Muslim Woman’ are not the result of a knowledge deficit, but constitutive of Euro-American and Hindu nationalist forms of civilizational self-assurance. Portraying the richness and diversity of Muslim women’s voices and agency cannot, therefore, rectify discourses casting Muslim women as invisible or silent, so long as the vision of agency is shackled to dominant feminist precepts. Mindful of this problem, the book examines Muslim women’s legal agency with respect to the family, their claims-making upon the state, livelihoods...
