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Gender and Justice in Family Law Disputes
Women, Mediation, and Religious Arbitration
Samia Bano, ed.

Brandeis Series on Gender, Culture, Religion, and Law

2017 • 304 pp. 6 x 9"
Marriage & Family Law / Gender & the Law

$45.00 Paperback, 978-1-5126-0035-3
$95.00 Hardcover, 978-1-5126-0034-6

$39.99 Ebook, 978-1-5126-0036-0

Check your ebook retailer or local library for ebook availability.

(Hardcover is un-jacketed.
Cover illustration is for paperback edition only)

"Excellent for collections on women and the law. . . . Highly recommended.”

How mediation and religious dispute-resolution mechanisms operate within diverse communities

Recently, new methods of dispute resolution in matters of family law—such as arbitration, mediation, and conciliation—have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as “multicultural challenges” that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity.

Gender and Justice in Family Law Disputes offers insights into how women’s autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Click here for TABLE OF CONTENTS

Reviews / Endorsements

“A scholarly, accessible, and vibrant alternative to the pervasive blanket criticism of and hostility toward religious ways of ordering the complexities of family life. . . . We no longer have any excuse for ignoring the complexity and impact of these issues.”—Mavis Maclean, University of Oxford

“This collection challenges conventional accounts of Muslim women’s agency and empowerment and offers a nuanced understanding of communities of faith and legal orderings across a diversity of contexts. Its insights are particularly relevant today, as tensions between religious laws and the secular legal order are increasingly fraught and politically contingent. . . . A forceful addition to the scholarly debate.”—Vrinda Narain, McGill University

“A contextualized and nuanced insight into the complex relationships between feminism, multiculturalism, citizenship, sovereignty, agency, belonging, and identity that challenges the conventional rendering of these matters. A must-read.”—Susan Armstrong, Western Sydney University

SAMIA BANO is a senior lecturer in law at the School of Oriental and African Studies, University of London.

Thu, 14 Mar 2019 13:08:30 -0500