• Afterword: The Future of Muslim Family Law in Western Democracies

    Author(s):
    John Witte, Jr. (see profile)
    Date:
    2010
    Item Type:
    Book chapter
    Tag(s):
    Faith-based Family Laws, Religious Legal Systems, Polygamy, Accommodation, First Amendment, Law and Religion, Marriage and Family Law, Religious Freedom, Democracy, Sharia
    Permanent URL:
    http://dx.doi.org/10.17613/yaqw-6y18
    Abstract:
    When Anglican Archbishop Rowan Williams suggested that some “accommodation” of Muslim family law was “unavoidable” in England, he was bitterly criticized in the world press. But he was raising a whole series of hard but “unavoidable” questions about marital, cultural, and religious identity and practice in Western democratic societies committed to human rights for all. This Article discusses those hard questions, with emphasis on the place of faith-based family laws in modern liberal societies. It briefly reviews the history of the law of marriage and religion in the West, including the liberalization movements of the last half century that have rankled many faith communities. It then analyzes the recent arguments for and against the accommodation of Shari’a family law in Western democracies, and compares those to the accommodation claims of Jewish and Christian communities. The Article suggests that one way forward is to consider the compromise struck between the state and religious communities regarding education, and the use of licenses and accreditation requirements to ensure a baseline of common education in public and religious schools, and a safeguard against abuses by religious officials.
    Metadata:
    Published as:
    Book chapter    
    Status:
    Published
    Last Updated:
    7 months ago
    License:
    All Rights Reserved
    Share this:

    Downloads

    Item Name:pdf 167afterwordshariabookahdararoney2010.pdf
     Download View in browser
    Activity: Downloads: 6