Debating Sharia: Islam, Gender Politics, and Family Law Arbitration


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This was one of the major criticisms advanced by Bano in response to the controversial foundation lecture 43 delivered by the Archbishop of Canterbury, Dr. There is, for example, a strong body of work that supports an interpretation of the Quran advancing the equal rights of men and women. Kingdom, due to his suggestion that aspects of Islamic law should be incorporated into the British legal system.

Furthermore, under Islamic law, the husband is required to maintain his. Another ground on which faith-based arbitration has been portrayed as discriminatory towards women, is the belief that Muslim women are not able to freely consent to undertaking such arbitration. Finally, the consent of Muslim women to submit to arbitration is generally under- informed, as they are frequently unaware of their entitlements under the secular law of the state.

If one is of the belief that Islam is unvaryingly oppressive to women, then it is understandable how concern over the consent of Muslim. See also: Green and Hunt, above n 11, at [2. It is important to appreciate that such pressures. This is because if one believes that Muslim women are unable to freely consent, a consequent assumption is being made that Muslim women want or need to be released from the obligation to utilise the tribunals.

For some women, their identity as a Muslim is paramount, and faith-based arbitration is a necessary conduit to the exercise of religious freedom. Indeed, it seems unduly burdensome for Muslim women to have to prove their consent, when a similar burden does not apply to other women utilising the arbitration process, who may also be subject to external pressures.

Although the Act is founded on a presumption in favour of equal sharing, 62 it is possible for parties to contract out of this regime if they wish. Section 21J of the Property Relationships Act. Another common objection raised by opponents of faith-based arbitration is that, by virtue of living in a secular state, all citizens should be subject to the same laws. As noted by Sweet, all laws are made in particular social contexts that are informed by certain value systems; value systems that are inevitably grounded in a specific religion.

The legal status and future of Sharia councils - Leiden Law Blog

As noted by Sweet, the groups involved in family law reform still stem from cultures based upon Christian values. In Kaddoura, Justice Rutherford refused to enforce payment of the Mahr, justifying his finding by analogising the Mahr agreement to the vows made in the Christian marriage: I cannot help but think that the obligation of the Mahr is as unsuitable for adjudication in civil courts as is an obligation in a Christian religious marriage, such as to love, honour and cherish, or to remain faithful, or to maintain the marriage in sickness or other adversity so long as both parties live Justice Rutherford came to an incorrect conclusion in this respect, by using Christian values as the standard against which the Islamic agreement was interpreted.

Opponents of faith-based arbitration often appeal to secularism as the only way to protect Muslim women. As discussed, Islam is not a strict set of uniformly applied rules that necessarily conflict with the laws of the state. To advocate for the secular over the religious also obscures the reality of the state court system, which is generally unsympathetic, and even discriminatory, towards minority religious principles.

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Wolfe is also wary of the methods employed by the courts to ultimately reach a verdict, noting that they either attempt to fit the religious conflict within an existing legal framework such as the law of contract , or they prioritise one. Encouraging the preservation of minority cultures is generally considered a virtuous pursuit.


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However, accommodating certain cultural practices can risk subjecting already vulnerable parties to increased risk. Indeed, it is a legitimate concern that matters of public importance and policy, such as the protection of vulnerable parties, will be relegated to the private realm and not subject to public scrutiny.

Debating Sharia: Islam, Gender Politics, and Family Law Arbitration

These concerns are well founded. For example, to enable greater judicial scrutiny of awards, Boyd recommended defining the precise boundaries of faith-based family law arbitration in legislation, 96 and requiring a mandatory record to be kept of arbitral decisions.

Islam and democracy: What's the problem? - UpFront

Boyd also encouraged efforts to be made to further educate the public as to their entitlements under state law. What might the future hold for the faith-based arbitration of family law disputes in New Zealand? Indeed, it has been confirmed that discussions are currently under way regarding the need for mediation and arbitration services for our Muslim community. Aarif Rasheed, a Barrister of the Auckland Defence Chambers, has a positive outlook for the future of faith-based arbitration in New Zealand.

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Send Cancel. Check system status. Toggle navigation Menu. Name of resource. Problem URL. Describe the connection issue. SearchWorks Catalog Stanford Libraries. Debating Sharia : Islam, gender politics, and family law arbitration. Responsibility edited by Anna C. Korteweg and Jennifer A. Physical description xii, p. Online Available online.

Debating Sharia: Islam, Gender Politics, and Family Law Arbitration

Green Library. D42 Unknown. More options. Find it at other libraries via WorldCat Limited preview. Contributor Korteweg, Anna.

Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration Debating Sharia: Islam, Gender Politics, and Family Law Arbitration

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