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Preface

Published online by Cambridge University Press:  03 May 2011

Gopika Solanki
Affiliation:
Carleton University, Ottawa
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Summary

States and religious groups struggle to control the family in multireligious and multiethnic societies, and as a result, these societies face the challenge of constructing institutional arrangements that can facilitate equality between diverse ethno-religious groups and ensure gender justice within these groups. Responding to this issue, many postcolonial states have not enacted uniform civil laws to govern the family, but have adopted legal pluralism and arrived at accommodative agreements with religious groups in the regulation of the family. Scholars have argued that these states' recognition of religious family laws essentializes religious groups, fuels religious extremism, leads to interreligious conflict, and prevents the construction of the political community. Feminists add that states barter women's rights to accommodate religious groups and thus violate women's human rights in the family.

Drawing on these debates, this book addresses the questions: How do societies resolve the critical tension between cultural autonomy and gender equality in contestations around family law? How do they design group rights without cementing group boundaries? I turn to legal institutional arrangements adopted by postcolonial states to answer this question and study what I call the “shared adjudication model” adopted in India. The Indian state recognizes religious laws of Hindus and Muslims, and shares its adjudicative authority with internally heterogeneous religious communities and other societal sources in matters of marriage and divorce.

Type
Chapter
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Adjudication in Religious Family Laws
Cultural Accommodation, Legal Pluralism, and Gender Equality in India
, pp. xxi - xxiv
Publisher: Cambridge University Press
Print publication year: 2011

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  • Preface
  • Gopika Solanki, Carleton University, Ottawa
  • Book: Adjudication in Religious Family Laws
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511835209.001
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  • Preface
  • Gopika Solanki, Carleton University, Ottawa
  • Book: Adjudication in Religious Family Laws
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511835209.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Gopika Solanki, Carleton University, Ottawa
  • Book: Adjudication in Religious Family Laws
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511835209.001
Available formats
×