The Place of Religion in Family Law: A Comparative Search

This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism, and seeks to discover the place which religion has or might have within family law.
Author(s):
Jane Mair, Esin Örücü
Series:
European Family Law
Volume:
30
book | published | 1st edition
August 2011 | xvi + 386 pp.

Paperback
€76.-


ISBN 9781780680156


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Details

To what extent does family law accommodate, deny, support or reflect the existence of religion and religious belief in a range of jurisdictions and throughout various family and social situations? This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism. With insights, both historical and contemporary, from Ireland, Israel, Malta, Sweden, Russia, Turkey and the UK, it seeks to discover the place which religion has or might have within family law.

About the book
‘[i]t will hopefully function as a catalyst for further examination of the intricacies of the interaction [between religion and family law].’
Jacqueline Gray in European Journal of Law Reform 2012, 534

Chapters

Table of Contents (p. 0)

INTRODUCTORY OVERVIEW

INTRODUCTION TO THE PLACE OF RELIGION IN FAMILY LAW: A COMPARATIVE SEARCH (p. 1)

PART ONE. ACCOMMODATING A PLACE FOR RELIGION?

ISLAMIC LAW IN BRITISH COURTS: DO WE NOT KNOW OR DO WE NOT WANT TO KNOW? (p. 13)

THE PLACE OF RELIGION IN FAMILY LAW: THE INTERNATIONAL PRIVATE LAW IMPERATIVE (p. 37)

PART TWO. DENYING A PLACE FOR RELIGION?

THE LEGAL SCOPE FOR RELIGIOUS IDENTITY IN FAMILY MATTERS – THE PARADOXES OF THE SWEDISH APPROACH (p. 71)

FAMILY LAW AND RELIGION: THE RUSSIAN PERSPECTIVE, PAST AND PRESENT (p. 97)

HOW FAR CAN RELIGION BE ACCOMMODATED IN THE LAIC FAMILY LAW OF TURKEY? (p. 117)

PART THREE. SUPPORTING A PLACE FOR RELIGION?

RELIGION AND FAMILY LAW IN IRELAND: FROM A CATHOLIC PROTECTION OF MARRIAGE TO A “CATHOLIC” APPROACH TO NULLITY (p. 159)

THE INFLUENCE OF THE ROMAN CATHOLIC CHURCH IN MALTESE FAMILY LAW AND POLICY (p. 187)

JEWISH FAMILY LAW AND SECULAR LEGAL ORDERS: THE EXAMPLE OF GET REFUSAL (p. 207)

PRAYERS IN THE PLAYGROUND: RELIGION AND EDUCATION IN THE UNITED KINGDOM AND BEYOND (p. 235)

PART FOUR. REFLECTING A PLACE FOR RELIGION?

RELIGION IN THE HISTORY OF FAMILY LAW IN SCOTLAND (p. 265)

ACCOMMODATING RELIGION TO THE GAY EQUALITY IMPERATIVE IN FAMILY LAW (p. 303)

RELIGION, FAMILY VALUES AND FAMILY LAW (p. 333)

ASSESSMENT

THE PLACE OF RELIGION IN FAMILY LAW: A COMPARATIVE SEARCH (p. 357)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Associate Professor Velina Todorova (Bulgaria).

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