Abstract

http://ssrn.com/abstract=2124214
 


 



How Religious Arbitration Could Enhance Personal Autonomy


Farrah Ahmed


Melbourne Law School

S. Luk


Independent

June 4, 2012

Oxford Journal of Law and Religion, Vol. 1, No. 2 (2012), pp. 424–445
U of Melbourne Legal Studies Research Paper No. 637

Abstract:     
The public debate on religious arbitration often assumes that certain liberal autonomy-based arguments against state recognition of religious arbitration in family law matters are conclusive, ie that religious arbitration necessarily harms personal autonomy. This article challenges that assumption and highlights the autonomy-enhancing potential of religious arbitration. We argue that the state recognition of religious arbitration has the potential to enhance autonomy by facilitating the option of religious practice. We argue that religious arbitration has the potential to enhance the autonomy of religious persons by providing them access to religious expertise. Finally, we indicate how the recognition of religious arbitration protects the autonomy of some by keeping them from a possible autonomy-diminishing alternative.

Number of Pages in PDF File: 42

Keywords: religious arbitration, religious freedom, sharia, personal autonomy, family law, religious tribunals, shariah, legal pluralism

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Date posted: August 6, 2012 ; Last revised: May 16, 2013

Suggested Citation

Ahmed, Farrah and Luk, S., How Religious Arbitration Could Enhance Personal Autonomy (June 4, 2012). Oxford Journal of Law and Religion, Vol. 1, No. 2 (2012), pp. 424–445; U of Melbourne Legal Studies Research Paper No. 637. Available at SSRN: http://ssrn.com/abstract=2124214

Contact Information

Farrah Ahmed (Contact Author)
S. Luk
Independent ( email )
No Address Available
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