Adjudication in Religious Family Laws

Adjudication in Religious Family Laws Cultural Accommodation, Legal Pluralism, and Gender Equality in India - Cambridge Studies in Law and Society

Paperback (20 Jun 2013)

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Publisher's Synopsis

This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

Book information

ISBN: 9781107610590
Publisher: Cambridge University Press
Imprint: Cambridge University Press
Pub date:
Language: English
Number of pages: 438
Weight: 58g
Height: 229mm
Width: 152mm
Spine width: 23mm