CIVIL AND RELIGIOUS LAW CONCERNING DIVORCE: THE CONDITION OF WOMEN AND THEIR EMPOWERMENT
AbstractThis paper examines the condition of women in religious systems, specifically their freedom to leave a marriage in countries where marriage and divorce are ruled by personal status laws (such as Israel and Islamic countries), and the efforts to accommodate religious specificities and practices in different legal contexts, which adopt a secular, multicultural approach. First, the paper considers the nature of religious and civil divorce, comparing a private, a public, and a mixed private/public approach. Second, it analyzes the forms of dissolution of marriage in both religious systems (identifying some aspects of gender disparity) and secular systems (where gender equality is constitutionally required). Finally it compares the juridical tools for civil enforcement of religious divorce and for solving family disputes that are offered in different legal contexts (in Israel, Islamic countries, Europe, and the USA) and that are intended to rebalance the exercise of a woman's freedom to leave a marriage and its conditions.
How to Cite
. CIVIL AND RELIGIOUS LAW CONCERNING DIVORCE: THE CONDITION OF WOMEN AND THEIR EMPOWERMENT. Journal of Law and Family Studies, [S.l.], v. 12, n. 2, aug. 2010. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/362>. Date accessed: 21 aug. 2018.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).