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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Gender, Religion and Equality in Public Life

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Edited by: Fareda Banda, Lisa Fishbayn Joffe

ISBN13: 9781138855977
Published: February 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00

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The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models.

One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, reproductive decision-making, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries including the UK, the US, Uganda, Bangladesh and Colombia, among others.

This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

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Human Rights and Civil Liberties
Introduction: Shifting Notions of Gender Equality in Domestic and International Laws, Fareda Banda and Lisa Fishbayn Joffe

Part I: Challenges of Invoking International Law in Domestic Courts
1. Religion and International Human Rights: Why Women’s Rights Matter, Frances Raday
2. When The International And Regional Conflict: An African Perspective On Gender as a Category Of Contestation, Fareda Banda
3. Implications of the Vatican Commitment to Complementarity for Gendered Rites and Gendered Rights, Mary Ann Case
4. Working To Find Innovative Approaches To Advance Women’s Sexual And Reproductive Rights: A Look At Strategies Used In Colombia, Viviana Waisman

Part II: Negotiating Gender and Religion in State Law
5. Between Strict Constructionist Sharia and Protecting Young Girlsin Contemporary Northern Nigeria: The Case of Child Marriage (Ijbar), Sarah Eltantawi
6. Women of the Wall: A Temporary but Meaningful Milestone, Pnina Lahav
7. Religious Coercion and Violence Against Women: The Case of Beit Shemesh, Sima Zalcberg Bloch
8. From Fatwas to Freedom from Violence: Experiences of Domestic Litigation in the Bangladesh Courts, Sara Hossain

Part III: Religious Law in Civil Courts
9. The Impact Of Sharia And Foreign Law Bans On The Struggle For Women’s Equality Under Religious Law: A U.S. Perspective, Lisa Fishbayn Joffe
10. Marriage, Religion and Gender Equality, John Eekelaar
11. ‘Socio-Legal Gendered Remedies to Get Refusal: Top Down, Bottom Up’, Yael Machtinger
12. Rabbinic Courts In American Civil Law, Esther Macner
13. The New Quebec Code of Civil Procedure, The Notions of Private Prevention and Resolution Processes : What do Montreal Imams Tell Us About Their Practice Regarding Family Issues Relating to Women and Children ?, Anne Saris
14. The Sexual Abuse of Children: The Inter-relationship Between Mandatory Reporting Laws and Jewish Law, Steven Resnicoff
15. Niqab Bans and Secular Sex Segregation, Beverley Baines