Law and Religion in Multicultural Societies

by Mehdi, Rubya; Petersen, Hanne; Woodman, Gordon R.; Sand, Erik R.

• ISBN13: 9788757418439
• ISBN10: 8757418438
• Format: Paperback
• Copyright: 2008-05-30
• Publisher: Djoef Publishing

Summary

Globalization and migration increasingly challenge the political and judicial systems of Western nation states. The more or less secular judicial systems of these states are challenged by the traditional religious and judicial practices of immigrants, especially in the case of problems of family law, such as marriage, divorce and inheritance. It is the aim of the present articles to focus on the relationship between religion and law in multicultural societies by supplying comparative examples of how the practice of diverse law systems in modern states may lead to conflict or co-existence. The articles will not only consist of examples from various Western contexts, but will also contain comparative examples from a few post-colonial, non-Western societies with a long experience in dealing with problems relating to multiculturalism and religious pluralism. This collection of papers thus addresses a fundamental problem in human society. The tension between law and religion has existed from ancient times but has gained global scope and intense urgency in recent years.

Table of Contents

Acknowledgements	p. 7
Biographical Notes	p. 9
Introduction	p. 15
The Possibilities of Co-Existence of Religious Laws with Other Laws	p. 23
Law, Religion and Culture in Multicultural Britain	p. 43
Religion in a Super-Diverse Legal Environment: Thoughts on the British Scene	p. 63
Between a Rock and a Hard Place: Canadian Muslim Women's Responses to Faith-Based Arbitration	p. 83
The State and Religious Laws: The Case of India	p. 95
Religion as a Factor in Multi-Layered European Union Legislation	p. 111
Revision and Reality in the Family Law of Morocco	p. 131
Marriage and Divorce in the New Moroccan Family Code: Implications for Moroccans Residing in Europe	p. 145
Law as Cultural System: Chaudhary, Mullah and Judge in Pakistani Legal Culture	p. 177
Chapter 10	p. 197
Chapter 11	p. 217
index	p. 237
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