Author: Russell Sandberg Publisher: Policy Press ISBN: 1529212804 Category : Law Languages : en Pages : 164
Book Description
Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.
Author: Rajnaara C. Akhtar Publisher: Bristol University Press ISBN: 1529210836 Category : Law Languages : en Pages : 188
Book Description
Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.
Author: Joel A. Nichols Publisher: Cambridge University Press ISBN: 1139503979 Category : Law Languages : en Pages : 417
Book Description
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.
Author: Mark Goldfeder Publisher: Brandeis University Press ISBN: 1611688361 Category : Law Languages : en Pages : 274
Book Description
Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched - or as far off - as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.
Author: John Witte (Jr.) Publisher: Wm. B. Eerdmans Publishing ISBN: 9780802829931 Category : Religion Languages : en Pages : 362
Book Description
Covenant marriages requiring premarital counseling and tighter strictures on divorce have recently emerged in some American states. At the same time, the doctrine of covenant has reemerged in religious circles as a common way to map the spiritual dimensions of marriage. Covenant Marriage in Comparative Perspective brings together eminent scholars from Jewish, Orthodox, Catholic, Protestant, and Islamic religious traditions as well as experts on American covenant marriage. The introduction carries out an unprecedented comparison of contract and covenant in Jewish, Christian, and Muslim understandings of marriage. The rest of the book elucidates various facets of marriage from the perspectives of both jurisprudence and religion, producing an enlightening integrated picture of the legal and spiritual dimensions of marriage.
Author: John Witte Publisher: Presbyterian Publishing Corp ISBN: 0664234321 Category : Religion Languages : en Pages : 411
Book Description
This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.
Author: Gavin W. Jones Publisher: Institute of Southeast Asian Studies ISBN: 9812308741 Category : Family & Relationships Languages : en Pages : 340
Book Description
"This is an excellent and rare exploration of a sensitive religious issue from many perspectives _ legal, cultural and political. The case studies from Indonesia, Malaysia, Singapore and Thailand portray the important and exciting, yet very difficult, negotiation of Islamic teachings in the changing realities of Southeast Asia, home to the majority of Muslims in the world. Interreligious marriage is an important indicator of good relations between communities in religiously diverse countries. This book will also be of great interest to students and scholars of religious pluralism in a Southeast Asian context, which has not been studied adequately." - Zainal Abidin Bagir, Executive Director, Center for Religious and Cross-cultural Studies (CRCS), Gadjah Mada University, Indonesia "The issue of Muslim-non-Muslim marriages has different connotations in the different Southeast Asian states. For example, in Thailand it is more a fluid cultural issue but in Malaysia it reflects great racial schisms with severe legal implications. This book is a welcome one as it examines the issue not only from the perspectives of various Southeast Asian nations but also from so many angles; the legal, historical, social, cultural, anthropological and philosophical. The work is scholarly, yet accessible. Underlying it, there is a vital streak of humanism." - Azmi Sharom, Associate Professor, Faculty of Law, University of Malaya
Author: Phillip F. Cramer Publisher: Abingdon Press ISBN: 1501858947 Category : Religion Languages : en Pages : 128
Book Description
For leaders in governments and in churches, marriage equality is the most contentious civil-rights dispute in the 21st century. During an era where nearly half of all marriages end in divorce, same-gender couples now have the federal civil right to marry, too. At a time when 62 percent of Americans approve of same-gender marriage, according to June 2017 Pew Research, churches are having to come to terms with whether to recognize and affirm these faithful partnerships as sacred covenants. Attorneys Harbison and Cramer, faithful and active members of a United Methodist congregation, brought one of the cases to the US Supreme Court, which resulted in the 2015 landmark decision that permits persons of the same gender to marry. They bring a unique legal and cultural perspective to the controversy. For the three couples Harbison and Cramer represented, marriage is not an "issue" to be resolved. Marriage is rather a sign for these couples of their faithful promise to love each other until they depart this life. "Each couple married for several reasons, including their commitment to love and support one another, to demonstrate their mutual commitment to their family, friends, and colleagues, and to show others that they should be treated as a family. They also married to make a legally binding mutual commitment, to join their resources together in a legal unit, and to be treated by others as a legal family unit, rather than as legally unrelated individuals. Finally, each couple married so that they could access the legal responsibilities of marriage to protect themselves and their families, just as heterosexual couples do." Aleta A. Trauger, Federal Judge With a first-hand account of the respectful courtroom drama concerning marriage in American communities and states, Harbison and Cramer show why states care about marriage, why the church got involved in marriage more than a thousand years after Jesus's earthly ministry, and how the church and the state function in partnership to foster the purposes and social benefits of marriage. From the Faultlines collection, resources intended to inform conversations around human sexuality and the church.
Author: Stephanie Coontz Publisher: Viking Adult ISBN: Category : Marriage Languages : en Pages : 456
Book Description
Just when the clamor over "traditional" marriage couldn't get any louder, along comes this groundbreaking book to ask, "What tradition?" In Marriage, a History, historian and marriage expert Stephanie Coontz takes readers from the marital intrigues of ancient Babylon to the torments of Victorian lovers to demonstrate how recent the idea of marrying for love is - and how absurd it would have seemed to most of our ancestors. It was when marriage moved into the emotional sphere in the nineteenth century, she argues, that it suffered as an institution just as it began to thrive as a personal relationship. This enlightening and hugely entertaining book brings intelligence, perspective, and wit to today's marital debate.
Author: Katherine Lemons Publisher: Cornell University Press ISBN: 1501734784 Category : Social Science Languages : en Pages : 220
Book Description
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.
Author: Russell Sandberg
Author: Rajnaara C. Akhtar
Author: Joel A. Nichols
Author: Mark Goldfeder
Author: John Witte (Jr.)
Author: John Witte
Author: Gavin W. Jones
Author: Phillip F. Cramer
Author: Stephanie Coontz
Author: Katherine Lemons