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Family Law and Religion: Global Perspectives

Edited by: Henry Kha, Mark Henaghan

ISBN13: 9781041026617
To be Published: February 2027
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £171.99





This collection explores how religious issues in family law are interpreted by judges and legislators and how these are dealt with in different jurisdictions.

This includes examining how the law deals with parenting disputes about the religious upbringing of the child, the legal recognition of religious weddings in the civil law, the division of matrimonial property based on religious principles, the reconciliation of religious plurality in family law, the influence of religion on divorce law, the protection of the rights of religious minorities in family law, the role of religion in adoption law, and the relationship between religion and reproductive rights. The relationship between religion and secularism in family law is also considered. The focus is on exploring family law issues that involve a religious issue or theme and how the law addresses those religious matters.

The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Family Law, Law and Religion and Comparative Law.

Subjects:
Family Law
Contents:
00. Introduction
Mark Henaghan and Henry Kha
01. Ministers of Religion as Agents of the State in the Solemnisation of Marriages in Australia
Henry Kha
02. Reflections on Family Law and Religion in Aotearoa New Zealand: Movement from Centrality to the Periphery
Mark Henaghan and Jean Grace Choi
03. Reconfiguring the Vā: Christianity, Family Law and the Shift from Reciprocity to Patriarchy in Tonga
Suliana Mone
04. The Influence of Religion and the Veneer of Secularism in the Family Law of England and Wales
Sir Mark Hedley
05. Family Law and Religion in Ireland: A View Through Time
Kathryn O'Sullivan
06. The Invisibility of Polygamy under the Law of the European Union and the European Convention on Human Rights
Oumaima Derfoufi
07. Family Law and Religion in the United States: A Surprisingly Robust and Ongoing Dialogue
Helen M. Alvaré
08. Competing Considerations: Marriage, Divorce, and Religion in Canada
Luke Taylor
09. The Evolving Religious Dimensions of Family Law in Latin America: An Appraisal through the Inter-American System for the Protection of Human Rights
Ayla do Vale Alves
10. Pluralism, Religion and Indonesian Family Law
Simon Butt and Tim Lindsey
11. The Interaction Between Family Law and Religion in Singapore
Leon Vincent Chan
12. Hindu Personal Law and the Marginalisation of Non-Normative Families under Indian Family Law: Time for a Strategic Break?
Diksha Sanyal
13. A Time for Change? Revisiting the Common Law Doctrine of Religious Entanglement in South Africa in the Context of Religious Family Laws
Waheeda Amien and Christa Rautenbach
04. Conclusion
Henry Kha and Mark Henaghan

Series: Law and Religion

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Jurisprudence and Theology: The Australian School ISBN 9781032971575
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Christianity and Criminal Law ISBN 9780367495787
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Law and the Christian Tradition in Modern Russia ISBN 9780367861315
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Christianity and Criminal Law ISBN 9780367858254
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Law, Religion and Love: Seeking Ecumenical Justice for the Other ISBN 9781138684560
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Law, Religion and Love: Seeking Ecumenical Justice for the Other (eBook) ISBN 9781134851225
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The Legal Architecture of English Cathedrals (eBook) ISBN 9781317333524
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Constitutionalism, Democracy and Religious Freedom ISBN 9781138647152
Published May 2017
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Religious Expression in the Workplace and the Contested Role of Law ISBN 9781138243231
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Religious Expression in the Workplace and the Contested Role of Law ISBN 9780415746625
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