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Vol 21 No 10 Oct/Nov 2016

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Muslim Women and Shariah Councils: Transcending the Boundaries of Community and Law

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ISBN13: 9780230221482
Published: November 2012
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £75.00



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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.

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Subjects:
Islamic Law
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'?