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Islamic family law in Europe? From dichotomies to discourse - or: Beyond cultural and religious identity in family law


Büchler, Andrea (2012). Islamic family law in Europe? From dichotomies to discourse - or: Beyond cultural and religious identity in family law. International Journal of Law in Context, 8(2):196-210.

Abstract

In a number of European countries there are fears that foreign, particularly Islamic, family law is becoming entrenched. All parties to this discussion see themselves as under threat. Migrant populations claim their right to cultural identity, while their host countries' domestic populations see a risk to social cohesion. Family law brings the underlying tensions into sharp focus. Cultural and religious identity and family law are interrelated in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges, many of which have been apologetic, and few of which have been informed by theory. I propose to examine this complexity and indicate areas in which conflicts may arise by analysing a family-law case involving migrants living transnationally. I will include questions of international private law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. I will conclude with an evaluation of approaches which are process-based rather than institution-based.

Abstract

In a number of European countries there are fears that foreign, particularly Islamic, family law is becoming entrenched. All parties to this discussion see themselves as under threat. Migrant populations claim their right to cultural identity, while their host countries' domestic populations see a risk to social cohesion. Family law brings the underlying tensions into sharp focus. Cultural and religious identity and family law are interrelated in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges, many of which have been apologetic, and few of which have been informed by theory. I propose to examine this complexity and indicate areas in which conflicts may arise by analysing a family-law case involving migrants living transnationally. I will include questions of international private law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. I will conclude with an evaluation of approaches which are process-based rather than institution-based.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Civil Law
08 University Research Priority Programs > Asia and Europe
Dewey Decimal Classification:950 History of Asia
340 Law
180 Ancient, medieval & eastern philosophy
Language:English
Date:2012
Deposited On:29 Nov 2012 16:08
Last Modified:07 Dec 2017 16:47
Publisher:Cambridge University Press
ISSN:1744-5523
Publisher DOI:https://doi.org/10.1017/S1744552312000043
Related URLs:http://journals.cambridge.org/ (Publisher)

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