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, 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.
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.
Introduction Religion and Gender Equality: Defining the Conflict Fareda Banda and Lisa Fishbayn Joffe Part I: Gendered Rites: Gendered Rights? 1. Culture, Religion and Women’s International Human Rights Frances Raday 2. Marriage, Religion and Gender Equality John Eekelaar 3. Gender, Religion and Human Rights in Africa Fareda Banda 4. Implications of the Vatican Commitment to Complementarity for the Equality of the Sexes in Public Life Mary Anne Case Section 2: Negotiating Gender and Religion in State Law 5. Between Strict Constructionist Sharia and Protecting Young Girls in Contemporary Northern Nigeria: The Case of Child Marriage (Ijbār) Sarah Eltantawi 6. Spousal Relations and Horizons of Islamic Family Law Reform: The Role of Maqāṣid al-sharīʿa Discourses, Celene Ayat Lizzio Seven: The Woes of WoW: The Women of the Wall as a Religious Social Movement and as a Metaphor Pnina Lahav 8. Religious Coercion and Violence Against Women: The Case of Beit Shemesh, Sima Zalcberg Block Section 3: Religious Divorce in Civil Courts 9. The Impact of "Foreign Law" Bans On The Struggle For Women’s Equality Under Jewish Law in the United States of America Lisa Fishbayn Joffe 10.Systemic Misunderstandings Between Rabbinical Courts and Civil Courts: The Perspective of an American Rabbinical Court Judge Aryeh Klapper 11.'Socio-Legal Gendered Remedies to Get Refusal: Top Down, Bottom Up', Yael Machtinger 12. Challenging Stereotypes: Gender Sensitive Imams and the Resolution of Family Disputes in Montreal Anne Saris
The practice of religion by individuals and groups, the rise of religious diversity, and the fear of religious extremism, raise profound questions for the interaction between law and religion in society. The regulatory systems involved, the religion laws of secular government (national and international) and the religious laws of faith communities, are valuable tools for our understanding of the dynamics of mutual accommodation and the analysis and resolution of issues in such areas as: religious freedom; discrimination; the autonomy of religious organisations; doctrine, worship and religious symbols; the property and finances of religion; religion, education and public institutions; and religion, marriage and children. In this series, scholars at the forefront of law and religion contribute to the debates in this area. The books in the series are analytical with a key target audience of scholars and practitioners, including lawyers, religious leaders, and others with an interest in this rapidly developing discipline.
Professor Norman Doe is Director of the Centre for Law and Religion, which he set up at Cardiff Law School in 1998.
Carmen Asiaín is a Law Professor at University of Montevideo (Uruguay).
Paul Babie is Professor and Associate Dean (International), Adelaide Law School.
Pieter Coertzen is the chairperson of the Unit for the Study of Law and Religion in the Beyers Naudé Center for Public Theology, Faculty of Theology, University of Stellenbosch.
Alison Mawhinney is a Reader in Law at Bangor University.
Michael John Perry is a Senior Fellow at Emory University’s Center for the Study of Law and Religion and has held a Robert W. Woodruff University Chair there since 2003.