With the accelerating movement of individuals and families across national borders, the intersections of cultural and legal frameworks have become increasingly complex. The Multi-Cultural Family collects essays from around the world on the challenges of legal pluralism, minority religious communities and customary or indigenous law, with attention paid to marriage and divorce, as well as child custody and adoption, family violence and dispute resolution.
Table of Contents
Contents: Introduction; Part I Marriage and Divorce: Religious Minority Groups and the Secular State: Toward a multicultural family law, Ann Laquer Estin; Taking multiculturalism seriously: marriage law and the rights of minorities, Patrick Parkinson; Muslim maghrebian marriage in France: a problem for legal pluralism, Edwige Rude-Antoine; Migrant women caught between Islamic family law and women's rights. The search for the appropriate 'connecting factor' in international family law, Marie-Claire Foblets; Rationality and cultural pluralism in the non-recognition of foreign marriages, John Murphy; Citizenship on trial: Nadia's case, Unni Wikan; Blaming culture for bad behavior, Leti Volpp; The reconstruction of the Constitution and the case for Muslim personal law in Canada, Syed Mumtaz Ali and Enab Whitehouse; Muslim women and 'Islamic divorce' in England, Lucy Carroll; Jewish marriage and civil law: a 2-way street?, David Novak. Legal Pluralism and Women's Rights: Balancing minority rights and gender justice: the impact of protecting multiculturalism on women's rights in India, Pratibha Jain; A critical analysis of customary marriages, bohali and the South African Constitution, R. Songca; Women, religion and multiculturalism in Israel, Ruth Halperin-Kaddari; A cross cultural perspective on reproductive rights, Carla Makhlouf Obermeyer; An Islamic perspective on domestic violence, Azizah Y. al-Hibri. Indigenous and Customary Law: Indigenous peoples and family law: issues in Aotearoa/New Zealand, Jacinta Ruru; Evolving indigenous law: Navajo marriage - cultural traditions and modern challenges, Antoinette Sedillo Lopez; Valid-where-consummated: the intersection of customary law marriages and formal adjudication, Lona N. Laymon. Part II Children: Children between cultures, John Eekelaar; Complicating culture in child placement decisions, Annie Bunting; Understanding sending country's traditions and policies in international adoptions: avoiding legal and cultural pi