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Applying Shari῾a in the West. Facts, Fears and the Future of Islamic Rules on Family Relations in the West
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Year: 2013 Publisher: Leiden : Leiden University Press,

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This volume provides new insights in the concept of shari'a in the West, and sets out a framework of how shari'a in the West can be studied. The premise of this volume is that one needs to focus on the question 'What do Muslims do in terms of shari'a?' rather than 'What is shari'a?'. This perspective shows that the practice of Sharia is restricted to a limited set of rules that mainly relate to religious rituals, family law and social interaction. The framework of this volume then continues to explore two more interactions: the Western responses to these practices of shari'a and, in turn, the Muslim legal reaction to these responses.


Book
The contested place of religion in family law
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ISBN: 1108278876 1108277977 1108281214 1108417604 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.


Book
Children's Voices, Family Disputes and Child-Inclusive Mediation : The Right to Be Heard.
Authors: ---
ISBN: 9781529228939 152922893X 1529228913 Year: 2024 Publisher: Bristol : Bristol University Press,

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ePDF and ePUB available Open Access under CC-BY-NC-ND licence. Considered from a children's rights perspective, this book provides a critical socio-legal account of child-inclusive mediation (CIM) practice. It draws on interviews with relationship professionals, mediators, parents and children to consider the risks and benefits of CIM.


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The marriage buyout
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ISBN: 0814708471 9780814708477 9780814708248 0814708242 Year: 2014 Publisher: New York

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From divorce court to popular culture, alimonyis a dirty word. Unpopular and rarely ordered, the awards are frequentlyinconsistent and unpredictable. The institution itself is often viewed as anhistorical relic that harkens back to a gendered past in which women lacked theeconomic independence to free themselves from economic support by their spouses.In short, critics of alimony claim it has no place in contemporary visions ofmarriage as a partnership of equals. But as Cynthia Lee Starnes argues in TheMarriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treattoday’s primary caregivers as if they were suckers. Her solution is toradically reconceptualize alimony as a marriage buyout.Starnes’s buyouts draw on a partnership model of marriage that reinforcescommunal norms of marriage, providing a gender-neutral alternative to alimonythat assumes equality in spousal contribution, responsibility, and right. Herquantification formulae support new default rules that make buyouts morecertain and predictable than their current alimony counterparts. Looking beyondalimony, Starnes outlines a new vision of marriages with children, describing aco-parenting partnership between committed couples, and the conceptual basisfor income sharing between divorced parents of minor children. Ultimately,under a partnership model, the focus of alimony is on gain rather than loss andequality rather than power: a spouse with disparately low earnings isn’t asucker or a victim dependent on a fixed alimony payment, but rather an equalstakeholder in marriage who is entitled at divorce to share any gains themarriage produced.


Periodical
Reform.
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Year: 1976 Publisher: Sydney : Australian Law Reform Commission,

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Periodical
Reform.
Author:
Year: 1976 Publisher: Sydney : Australian Law Reform Commission,

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Book
The right to be parents
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ISBN: 0814739326 0814739318 9780814739310 9780814739327 9780814739303 081473930X 1479803162 Year: 2012 Publisher: New York New York University Press

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In 1975, California courts stripped a lesbian mother of her custody rights because she was living openly with another woman. Twenty years later, the Virginia Supreme Court did the same thing to another lesbian mother. In ordering that children be separated from their mothers, these courts ruled that it was not possible for a woman to be both a good parent and a lesbian.The Right to be Parents is the first book to provide a detailed history of how LGBT parents have turned to the courts to protect and defend their relationships with their children. Carlos A. Ball chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. Each chapter contains riveting human stories of determination and perseverance as LGBT parents challenge the widely-held view that having a same-sexual orientation, or that being a transsexual, renders individuals incapable of being good parents.To this day, some courts are still not able to look beyond sexual orientation and gender identity in order to fairly apply legal principles in cases involving LGBT parents and their children. Yet on the whole, stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures. The Right to be Parents explores why and how that has come to be.


Book
Buying a bride
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ISBN: 9780814771815 0814771815 9781479882830 1479882836 1479821322 9781479821327 Year: 2016 Publisher: New York

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There have always been mail-order brides in America--but we haven't always thought about them in the same ways. In Buying a Bride, Marcia A. Zug starts with the so-called "Tobacco Wives" of the Jamestown colony and moves all the way forward to today's modern same-sex mail-order grooms to explore the advantages and disadvantages of mail-order marriage. It's a history of deception, physical abuse, and failed unions. It's also the story of how mail-order marriage can offer women surprising and empowering opportunities. Drawing on a forgotten trove of colorful mail-order marriage court cases, Zug explores the many troubling legal issues that arise in mail-order marriage: domestic abuse and murder, breach of contract, fraud (especially relating to immigration), and human trafficking and prostitution. She tells the story of how mail-order marriage lost the benign reputation it enjoyed in the Civil War era to become more and more reviled over time, and she argues compellingly that it does not entirely deserve its current reputation. While it is a common misperception that women turn to mail-order marriage as a desperate last resort, most mail-order brides are enticed rather than coerced. Since the first mail-order brides arrived on American shores in 1619, mail-order marriage has enabled women to improve both their marital prospects and their legal, political, and social freedoms. Buying A Bride uncovers this history and shows us how mail-order marriage empowers women and should be protected and even encouraged.

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