The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Mavis Maclean CBE is Co-Director of the Oxford Centre for Family Law and Policy in the Department of Social Policy and Intervention, University of Oxford and a Senior Research Fellow of St Hilda's College,Oxford. She is former President of the RCSL, a Fellow of the IISL, and Academic Adviser to the Ministry of Justice. John Eekelaar, FBA is Emeritus Fellow of Pembroke College, Oxford, UK, and Co-Director of the Oxford Centre for Family Law and Policy. He is a Fellow of the British Academy.
Introduction Mavis Maclean and John Eekelaar Part I: Theories, Ideologies and Strategies 1. Law and Community Practices John Eekelaar 2. Religious Norms in Family Law: Implications for Group and Personal Autonomy Farrah Ahmed 3. Shadow Boxing with Community Practices: A Response to Eekelaar Prakash Shah 4. Muslim Dispute Resolution in Britain: Towards a New Framework of Family Law Governance? Samia Bano Part II: Regulating the Interaction between Religious and Secular Norms in Different Jurisdictions 5. A 'Deviant' Solution: The Israeli Agunah and the Religious Sanctions Law Pascale Fournier, Pascal McDougall and Merissa Lichtsztral 6. The Gendered Benefits and Costs of Legal Pluralism for Muslim Family Law in South Africa Waheeda Amien 7. Assessing the Impact of Legislating for Diversity: The Forced Marriage (Civil Protection) Act 2007 Mavis Maclean 8. Religious Freedom and Protection of the Right to Life in Minors: A Case Study Teresa Piconto-Novales 9. Cultural Norms, National Laws and Human Rights: How do we Balance Respect for Diversity and the Rights of the Vulnerable? The Case of Under Age Marriage of Roma Girls and Boys in Europe Jacek Kurczewski and Malgorzata Fuszara 10. Child Access Services in France: A Universal Service serving Diverse Clients Yasmine Debarge and Benoit Bastard Part III: Non-state Responses to the Interpenetration of Social Norms between Communities 11. Accommodating Religious Divorce in the Secular State: A Case Study Analysis Gillian Douglas with Norman Doe, Russell Sandberg, Sophie Gilliat-Ray and Asma Khan 12. How Parties to Sikh Marriages use and are influenced by the Norms of their Religion and Culture when engaging with Mediation Jagbir Jhutti-Johal 13. Managing Expectations: Negotiating Succession under Plural Legal Orders in Botswana Anne Griffiths 14. Rights, Women and Human Rights Change in Iran Nazila Ghanea 15. Muslim Family Law in Bangladesh: Resistance to Secularisation Farah Deeba Chowdhury Part IV: Reflections 16. How much Family Conduct do we need to Regulate through Family Law? Jordi Ribot 17. Variation and Change in Normative Parental Discipline: Persuasion or Legislation? Marjorie Smith and Ann Phoenix