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

48 Pages Posted: 7 Oct 2011 Last revised: 13 Oct 2011

Gillian Douglas

Cardiff University - Cardiff Law School

Norman Doe

Cardiff University - Cardiff Law School

Sophie Gilliat-Ray

Cardiff University - School of History, Archaeology and Religion

Russell Sandberg

School of Law and Politics, Cardiff University

Asma Khan

affiliation not provided to SSRN

Date Written: 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.

Keywords: religion, legal pluralism, religious courts

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: https://ssrn.com/abstract=1940387 or http://dx.doi.org/10.2139/ssrn.1940387

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

Cardiff University - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Sophie Gilliat-Ray

Cardiff University - School of History, Archaeology and Religion ( email )

Cardiff, Wales
United Kingdom

Russell Sandberg

School of Law and Politics, Cardiff University ( email )

Museum Avenue
Cardiff, Wales CF10 3AX
United Kingdom

HOME PAGE: http://www.cardiff.ac.uk/people/view/478908-sandberg-russell

Asma Khan

affiliation not provided to SSRN ( email )

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