Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India

Häftad, Engelska, 2015

Av Yüksel Sezgin, Yüksel Sezgin, New York) Sezgin, Yuksel (Syracuse University

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About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Produktinformation

Utgivningsdatum2015-10-08
Mått152 x 230 x 17 mm
Vikt450 g
FormatHäftad
SpråkEngelska
SerieCambridge Studies in Law and Society
Antal sidor322
FörlagCambridge University Press
ISBN9781107636491
UtmärkelserGordon Hirabayashi Human Rights Book Award, Human Rights Section, American Sociological Association 2014

Tillhör följande kategorier

1. Introduction; 2. Personal status, nation-building, and the postcolonial state; 3. The impact of state-enforced personal status laws on human rights; 4. A fragmented confessional system: state-enforced religious family laws and human rights in Israel; 5. A unified confessional system: state-enforced religious family laws and human rights in Egypt; 6. A unified semi-confessional system: state-enforced religious family laws and human rights in India; 7. Conclusion: upholding human rights under religious legal systems.

'This is an intelligent, engaging, and conscientious comparative study of personal-status laws and their application in three postcolonial, post-WWII states: Israel, post-revolution Egypt, and post-independence India. The book shows convincingly how consistently some human rights, especially those of women, have been compromised or denied utterly in all three states, each of which has in various ways ceded control over personal-status issues such as marriage and divorce to its various religious communities and their leaders. The similarities as well as differences of the resulting situations in these three countries are remarkable, and Sezgin does a masterly, even-handed job of presenting both in a most accessible fashion; his thoughtful work even offers human-rights advocates sound and practical advice on possible lessons to be drawn from what has worked and what has not in gaining more adequate justice or even reform in these three states.' William A. Graham, Harvard University