Abstract

http://ssrn.com/abstract=1940387
 
 

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Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts


Gillian Douglas


Cardiff University - Cardiff Law School

Norman Doe


University of Wales System - Cardiff Law School

Sophie Gilliat-Ray


University of Wales System - School of History, Archaeology and Religion

Russell Sandberg


University of Wales System - Cardiff Law School

Asma Khan


affiliation not provided to SSRN

June 1, 2011


Abstract:     
This is the report of the project, Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts, funded by the Arts and Humanities Research Council, which explored how religious law functions alongside civil law in the area of marriage and divorce. It examines the workings of three religious courts in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim “Shariah Council”). It finds that these tribunals provide an important service for their users in enabling them to remarry within their faith, which serves both to enable them to remain within their faith community and to regularize their position with the religious authorities. None of the tribunals sought greater autonomy and all recognized the supremacy of state law.

Number of Pages in PDF File: 48

Keywords: religion, legal pluralism, religious courts

working papers series


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Date posted: October 7, 2011 ; Last revised: October 13, 2011

Suggested Citation

Douglas, Gillian and Doe, Norman and Gilliat-Ray, Sophie and Sandberg, Russell and Khan, Asma, Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts (June 1, 2011). Available at SSRN: http://ssrn.com/abstract=1940387 or http://dx.doi.org/10.2139/ssrn.1940387

Contact Information

Gillian Douglas (Contact Author)
Cardiff University - Cardiff Law School ( email )
Law Building
Museum Avenue
Cardiff, Wales CF10 3AX
United Kingdom
+44 (0)29 2087 5447 (Phone)
+44 (0)29 2087 4097 (Fax)
HOME PAGE: http://www.cardiff.ac.uk/claws/
Norman Doe
University of Wales System - Cardiff Law School ( email )
PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom
Sophie Gilliat-Ray
University of Wales System - School of History, Archaeology and Religion ( email )
Cardiff, Wales
United Kingdom
Russell Sandberg
University of Wales System - Cardiff Law School ( email )
PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom
Asma Khan
affiliation not provided to SSRN ( email )
Feedback to SSRN


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