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Muslim Families Politics And The Law

Author: Ralph Grillo
Publisher: Routledge
ISBN: 1317091140
Size: 51.47 MB
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Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are especially controversial and the book includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (shari’a) in family law matters, and the associated role of Shari’a councils, in a British context. In short, Islam generally and the Muslim family in particular have become highly politicized sites of contestation, and the book considers how and why and with what implications for British multiculturalism, past, present and future. The study will be of great interest to international scholars and academics researching the governance of diversity and the accommodation of other faiths including Islam.

Law Cultural Diversity And Criminal Defense

Author: Craig L. Carr
Publisher: Routledge
ISBN: 0429015593
Size: 52.78 MB
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American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.

Public Commissions On Cultural And Religious Diversity

Author: Katayoun Alidadi
Publisher: Routledge
ISBN: 1317073770
Size: 43.31 MB
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In several Western countries, expert commissions composed of academics, public figures, politicians and community organisers have been established by governments or civil society to reflect on the changes and challenges of an increasingly plural society. Commission recommendations on how to ‘manage’ diversities successfully have shaped national narratives and affected law and public policies, yet research on the workings of such commissions remains rare. This book focuses on the experiences of expert commissions in the UK, France, Quebec and Belgium. Furthering the debate on commissions’ potential and limitations it draws on the first-hand experiences and introspection of former commission members and close observers, along with outside perspectives and critique from independent scholars. Building on its companion volume (Public Commissions on Cultural and Religious Diversity: Analysis, Reception and Challenges), this book engages with core concepts of identity, nationality, citizenship, freedom, equality and accommodation. It will appeal to researchers and students of public policy, sociology, anthropology, law, religion, politics, history and migration studies, as well as policymakers and anyone with a general interest in current debates on ethnic, cultural and religious diversity.

Shari A Councils And Muslim Women In Britain

Author: Tanya Walker
Publisher: BRILL
ISBN: 9004331360
Size: 49.49 MB
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In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork to radically reshape the public understanding of the Shariʿa councils and the motivations of Muslim women who use them.

Muslim Women And Shari Ah Councils

Author: S. Bano
Publisher: Springer
ISBN: 1137283858
Size: 24.86 MB
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Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Legal Practice And Cultural Diversity

Author: Ralph Grillo
Publisher: Routledge
ISBN: 1351922394
Size: 36.43 MB
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Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Islam In The Hinterlands

Author: Jasmin Zine
Publisher: UBC Press
ISBN: 0774822759
Size: 68.42 MB
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Muslim communities have become increasingly salient in the social, cultural, and political landscape in Canada largely due to the aftermath of 9/11 and the racial politics of the ongoing "war on terror" that have cast Muslims as the new "enemy within." Featuring some of Canada's top Muslim Studies scholars, Islam in the Hinterlands examines how gender, public policy, media, and education shape the Muslim experience in Canada. A timely volume addressing some of the most hotly contested issues in recent cultural history, it is essential reading for academics as well as general readers interested in Islamic studies, multiculturalism, and social justice.

Engaging Cultural Differences

Author: Richard A., Shweder
Publisher: Russell Sage Foundation
ISBN: 1610445007
Size: 74.37 MB
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Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.

Multiculturalism Without Culture

Author: Anne Phillips
Publisher: Princeton University Press
ISBN: 9781400827732
Size: 61.48 MB
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Public opinion in recent years has soured on multiculturalism, due in large part to fears of radical Islam. In Multiculturalism without Culture, Anne Phillips contends that critics misrepresent culture as the explanation of everything individuals from minority and non-Western groups do. She puts forward a defense of multiculturalism that dispenses with notions of culture, instead placing individuals themselves at its core. Multiculturalism has been blamed for encouraging the oppression of women--forced marriages, female genital cutting, school girls wearing the hijab. Many critics opportunistically deploy gender equality to justify the retreat from multiculturalism, hijacking the equality agenda to perpetuate cultural stereotypes. Phillips informs her argument with the feminist insistence on recognizing women as agents, and defends her position using an unusually broad range of literature, including political theory, philosophy, feminist theory, law, and anthropology. She argues that critics and proponents alike exaggerate the unity, distinctness, and intractability of cultures, thereby encouraging a perception of men and women as dupes constrained by cultural dictates. Opponents of multiculturalism may think the argument against accommodating cultural difference is over and won, but they are wrong. Phillips believes multiculturalism still has an important role to play in achieving greater social equality. In this book, she offers a new way of addressing dilemmas of justice and equality in multiethnic, multicultural societies, intervening at this critical moment when so many Western countries are poised to abandon multiculturalism.