The Role of Religious Tribunals in Regulating Marriage and Divorce

19 Pages Posted: 6 Apr 2013

See all articles by Gillian Douglas

Gillian Douglas

The Dickson Poon School of Law

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

Cardiff University

Date Written: 2012

Abstract

The question whether religious norms and laws should be ‘accommodated’ by the state has become an important issue in civic society, with a particular focus on the working of religious courts. The debate has largely taken place without much reference to empirical evidence of their organisation or operation. An empirical case-study of three different religious tribunals, Muslim, Jewish and Catholic, which deal with religious annulments and divorces, sheds light on how religious tribunals may be run and how they view their purpose and relationship with the state. In the tribunals in the study, the main focus of operation was on the determination of parties’ status for the purposes of remarriage within the faith, rather than on handling the consequences of the termination of the marriage. They operated in full awareness of, and were influenced by, the wider social context in which their litigants live their lives. Furthermore they recognised very clearly the limits of their jurisdiction and the importance of compliance with the civil law.

Keywords: child law, family law, religious tribunals, marriage, divorce

Suggested Citation

Douglas, Gillian and Doe, Norman and Gilliat-Ray, Sophie and Sandberg, Russell and Khan, Asma, The Role of Religious Tribunals in Regulating Marriage and Divorce (2012). Child and Family Law Quarterly, Vol. 24, No. 2, pp. 139-157, 2012, Available at SSRN: https://ssrn.com/abstract=2245027

Gillian Douglas (Contact Author)

The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand Campus
London, WC2R 2LS
United Kingdom
+44 (0)2078481367 (Phone)

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

Cardiff University

Aberconway Building
Colum Drive
Cardiff, Wales CF10 3EU
United Kingdom

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