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 policymakers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
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 Picontó-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
