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Family, Religion and Law: Cultural Encounters in Europe

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Edited by: Prakash Shah, Marie-Claire Foblets, Mathias Rohe

ISBN13: 9781472433152
Published: June 2014
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £75.00



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This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality.

Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

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Subjects:
Family Law
Contents:
Preface, Mare-Claire Foblets
Distorting minority laws? Religious diversity and European legal systems, Prakash Shah
Plurality-conscious rebalancing of family law regulation in Europe, Werner Menski
Family and the law in Europe: bringing together secular legal orders and religious norms and needs, Mathias Rohe
On the cooperation between religious and state institutions in family matters: Nordic experiences, Maarit Jänterä-Jareborg
The uniformisation of family law in Europe and the place of ethnic minorities, Domenico Francavilla
Defending the family treasure chest: navigating Muslim families and secured positivistic islands of European legal systems, Federica Sona
Cross-border family cases and religious diversity: what can judges do?, Maarit Jänterä-Jareborg
Secrets and lies: when ethnic minority youth have a nikah, Anika Liversage
‘Without our church we will disappear’: Syrian Orthodox Christians in diaspora and the family law of the church, Annika Rabo
Religious divorce in England and Wales: religious tribunals in action, Gillian Douglas, Russell Sandberg, Norman Doe, Sophie Gilliat-Ray and Asma Khan
Kurdish ‘unofficial’ family law in the gurbet, Latif Taṣ
Index.