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Religion And Marriage Law

Author : Sandberg, Russell
ISBN : 9781529212822
Genre : Law
File Size : 20. 38 MB
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Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.

Religion And Marriage Law

Author : Sandberg, Russell
ISBN : 9781529212815
Genre : Law
File Size : 28. 99 MB
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Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.

The Marriage Law Of England

Author : James Thomas Hammick
ISBN : OSU:32437122707009
Genre : Marriage law
File Size : 44. 27 MB
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From Sacrament To Contract

Author : John Witte
ISBN : 0664255434
Genre : Religion
File Size : 64. 68 MB
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Analyzes the interplay between Christian theological norms and Western legal principles concerning marriage, examining the theology and law of marriage in the Catholic, Lutheran, Calvinist, Anglican, and Enlightenment traditions.

The Jewish Law Of Marriage And Divorce In Ancient And Modern Times

Author : Moses Mielziner
ISBN : STANFORD:36105038389651
Genre : Divorce
File Size : 71. 20 MB
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Gender Religion And Family Law

Author : Lisa Fishbayn Joffe
ISBN : 9781611683271
Genre : Law
File Size : 41. 65 MB
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Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Marital Captivity

Author : Susan Rutten
ISBN : 9462369259
Genre : Divorce
File Size : 30. 18 MB
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This collected edition by experts from all over the world, reflects a multidisciplinary approach to marital captivity and shows a multifaceted view of this widespread phenomenon. Marital captivity is a social and human rights problem that occurs within religions or religious communities worldwide. It is defined as a situation in which one or both spouses, but predominantly the wife, is unable to terminate a religious marriage, consequently trapping that spouse within the marriage against her or his will. As such it is a form of forced marriage and violence against women. Because of its severe social, legal, and economic implications, the phenomenon is approached from different perspectives: anthropological, sociological and legal. In thirteen chapters the book discusses the practice of marital captivity and human rights approaches, solutions and best practices to marital captivity. It is therefore a must-read for civil society, academics, legal practitioners such as solicitors, the judiciary, notaries and registrars, policy makers, and all other practitioners and ngo's concerned with family issues and violence against women.

Child Marriage Family Law And Religion

Author : Quentin Wodon
ISBN : OCLC:1066409965
Genre : Electronic book
File Size : 46. 93 MB
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Marriage And Divorce In A Multi Cultural Context

Author : Joel A. Nichols
ISBN : 9781139503976
Genre : Law
File Size : 33. 36 MB
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American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.

Moral Argument Religion And Same Sex Marriage

Author : Gordon A. Babst
ISBN : 9780739141199
Genre : Family & Relationships
File Size : 49. 34 MB
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The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Prop 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse_such as governmental neutrality, the right to marry, and religious freedom_are presented and cast in the light of liberal-democratic theory.

Annulment The Wedding That Was

Author : Michael Smith Foster
ISBN : 9780809138449
Genre : Family & Relationships
File Size : 48. 53 MB
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The church's process for declaring a marriage null is a mystery to most people. While a declaration of nullity is a matter of public record, the facts of each case are confidential, leading to misunderstanding, misinformation, and pastoral problems.This video demystifies the concepts and the procedures surrounding annulments. In clear and accessible style it answers questions such as:--What does the church teach about marriage?--How is the church's court system structured and how does it work?--What's the difference between annulment and divorce?--Why can't Catholics divorce and remarry?--Do declarations of nullity make children illegitimate?--How does one get a declaration of nullity?This easy-to-understand, accessible video provides an overview of the marriage law of the church and its practical implications and makes difficult concepts understandable to the nonexpert.

Divorcing Traditions

Author : Katherine Lemons
ISBN : 9781501734793
Genre : Social Science
File Size : 28. 65 MB
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Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.

The Meanings Of Marriage In The West

Author : Danièle Hervieu-Léger
ISBN : OCLC:993087879
Genre : Polygamy
File Size : 73. 18 MB
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What are the different understandings of marriage, family, and rights that have been developed during recent debates regarding same sex marriage, and polygamy in France and in North America? What modes of justification and repertoires are used today in order to define marriage and claim the rights it entails? What changes in the anthropological conception of marriage in Western societies do the present disputes imply? These two papers examine these questions from different angles and contexts. They both address the new tension between law, the reference to nature, and the Church. Law now seems to accept the idea of the homosexual family, and it even equates it to the biological family. This legal evolution deconstructs the assumption of an "order of nature". It is leading in several Western States to a redefinition of the marriage institution and to its opening to same sex partners (Netherlands in 2001; Belgium in 2003; Spain and Canada in 2005; Sweden and Norway in 2009).Whereas law rejects the relevance of the reference to nature, the Catholic Church has sought for several years to base its opposition to same sex marriage on the need to respect a natural order.

Marriage Divorce And Succession In The Druze Family

Author : Aharôn Layiš
ISBN : 9004064125
Genre : History
File Size : 44. 45 MB
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Wellbeing Of Transnational Muslim Families

Author : Marja Tiilikainen
ISBN : 9781351866668
Genre : Social Science
File Size : 21. 55 MB
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This book examines the needs, aspirations, strategies, and challenges of transnational Muslim migrants in Europe with regard to family practices such as marriage, divorce, and parenting. Critically re-conceptualizing ‘wellbeing’ and unpacking its multiple dimensions in the context of Muslim families, it investigates how migrants make sense of and draw on different norms, laws, and regimes of knowledge as they navigate different aspects of family relations and life in a transnational social space. With attention to issues such as registration of marriage, civil versus religious marriage, spousal roles and rights, polygamy, parenting, child wellbeing, and everyday security, the authors offer national and comparative case studies of Muslim families from different parts of the world, covering different family bonds and relations, within both extended and nuclear families. Based on empirical research in the Nordic region and further afield, this volume affords a more complete understanding of the practices of transnational migrant families, as well as the processes through which family relations and rights are negotiated between family members and with state institutions and laws, whilst contributing to the growing literature on migrant wellbeing. As such, it will appeal to scholars of sociology and social policy with interests in migration and transnational communities, wellbeing, and the family.

Religion And Equality

Author : W. Cole Durham, Jr.
ISBN : 9781317068082
Genre : Religion
File Size : 45. 2 MB
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This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.

Religion And Personal Law In Secular India

Author : Gerald James Larson
ISBN : 0253108683
Genre : Religion
File Size : 25. 65 MB
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Though a directive principle of the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law -- the segment of law concerning marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance -- individuals of different backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice. Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

Studies In History And Jurisprudence Vol 2

Author : James Bryce
ISBN : 9783849678548
Genre : Law
File Size : 68. 10 MB
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This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume two out of two.

Gender State And Social Power In Contemporary Indonesia

Author : Kate O'Shaughnessy
ISBN : 9781134023561
Genre : Political Science
File Size : 22. 21 MB
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This book examines gender, state and social power in Indonesia, focusing in particular on state regulation of divorce from 1965 to 2005 and its impact on women. Indonesia experienced high divorce rates in the 1950s and 1960s, followed by a remarkable decline. Already falling divorce rates were reinforced by the 1974 Marriage Law, which for the first time regulated marriage for both Muslim and non-Muslim Indonesians and restricted access to divorce. This law defined the roles of men and women in Indonesian society, vesting household leadership with husbands and the management of the household with wives. Drawing on a wide selection of primary sources, including court records, legal codes, newspaper reports, fiction, interviews and case studies, this book provides a detailed historical account of this period of important social change, exploring fully the impact and operation of state regulation of divorce, including the New Order government’s aims in enacting this legal framework, its effects in practice and how it was utilised by citizens (both men and women) to advance their own agendas. It argues that the Marriage Law was a tool of social control enacted by the New Order government in response to the social upheaval and protests experienced in the mid 1970s. However, it also shows that state power was not hegemonic: it was both contested and co-opted by citizens, with men and women enjoying different degrees of autonomy from the state. This book explores all of these issues, providing important insights on the nature of the New Order regime, social power and gender relations, both during the years of its rule and since its collapse.

Israel Spousal Agreements For Couples Not Belonging To Any Religion

Author : Ruth Levush
ISBN : LCCN:2016295700
Genre : Civil marriage
File Size : 29. 30 MB
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