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Muslim Women and Shari
 
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Muslim Women and Shari'ah Councils
Transcending the Boundaries of Community and Law
 
 
Palgrave Macmillan
 
 
 
 
 
14 Nov 2012
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£63.00
|Hardback In Stock
  
9780230221482
||
 
 
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DescriptionContentsAuthors

Drawing upon original empirical data and critiquing existing research material this book challenges the language of community rights and claims for legal autonomy in matters of family law. It draws upon critiques of power, dialogue and positionality to explore how multiples spaces in law and community both empower and restrict women at different times and in different contexts. It also opens up the conceptual space in which we can see in evidence the multiple legal and social realities in operation, within the larger context of state law, liberal multiculturalism and the human rights discourse. In this way the book provides an important contribution to current debate on the use of privatized and ADR mechanisms in family law matters while analyzing the dynamics of relationality and cultural diversity in new forms of mediation practices. In a wider context it explores the conceptual challenges that the rise of a faith-based dispute resolution process poses to secular/liberal notions of law, human rights and gender equality.


Description

Drawing upon original empirical data and critiquing existing research material this book challenges the language of community rights and claims for legal autonomy in matters of family law. It draws upon critiques of power, dialogue and positionality to explore how multiples spaces in law and community both empower and restrict women at different times and in different contexts. It also opens up the conceptual space in which we can see in evidence the multiple legal and social realities in operation, within the larger context of state law, liberal multiculturalism and the human rights discourse. In this way the book provides an important contribution to current debate on the use of privatized and ADR mechanisms in family law matters while analyzing the dynamics of relationality and cultural diversity in new forms of mediation practices. In a wider context it explores the conceptual challenges that the rise of a faith-based dispute resolution process poses to secular/liberal notions of law, human rights and gender equality.


Contents

PART I: CONTEXT AND BACKGROUND
Multiculturalism and Secularism in the British Context
South Asian Muslims and State Law Relations
Background to the Study
PART II: SHARI'AH COUNCILS AND WOMEN'S EXPERIENCES OF MUSLIM DIVORCE
Shari'ah Councils in Britain
Shari'ah Councils and the Practice of Law-making
Personal Experiences of Marriage
Muslim Women, Divorce and Shari'ah Councils
Shari'ah Councils and Civil law
Conclusion: Justice in the 'Shadow of Law'?


Authors

SAMIA BANO lectures in Family law, Gender and Law and Research Methods in Law at the University of Reading Law school, UK, where she was recently been appointed Deputy Director of Research. Samia is recognized as an international scholar in the field of Muslim family law, multiculturalism and gender discrimination. Before joining the law school at Reading Samia worked as a researcher on a number of projects in the area of legal policy and practice and gender equality.