Gender, Religion, and Family Law: Theorizing Conflicts between Women’s Rights and Cultural Traditions

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Gender, Religion, & Family Law Brandeis series on Gender, Culture, reliGion, and law Series editors: Lisa Fishbayn Joffe and Sylvia Neil This series focuses on the conflict between women’s claims to gender equality and legal norms justified in terms of religious and cultural traditions. It seeks work that develops new theoretical tools for conceptualizing feminist projects for transforming the interpretation and justification of religious law, examines the interaction or application of civil law or remedies to gender issues in a religious context, and engages in analysis of conflicts over gender and culture/religion in a particular religious legal tradition, cultural community, or nation. Created under the auspices of the Hadassah-Brandeis Institute in conjunction with its Project on Gender, Culture, Religion, and the Law, this series emphasizes cross-cultural and interdisciplinary scholarship concerning a range of religious traditions. Foracompletelistofbooksthatareavailableintheseries,visitwww.upne.com Lisa Fishbayn Joffe and Sylvia Neil, editors, Gender, Religion, and Family Law: Theorizing Conflicts between Women’s Rights and Cultural Traditions Chitra Raghavan and James P. Levine, editors, Self-Determination and Women’s Rights in Muslim Societies Janet Bennion, Polygamy in Primetime: Media, Gender, and Politics in Mormon Fundamentalism Ronit Irshai, Fertility and Halakhah: A Gender Analysis Jan Feldman, Citizenship, Faith, and Feminism: Jewish and Muslim Women Reclaim Their Rights Brandeis university Press waltham, massaChusetts edited By lisa FishBayn JoFFe and sylvia neil Theorizing Conflicts between Women’s Rights and Cultural Traditions Gender, Religion, & Family Law Brandeis University Press An imprint of University Press of New England www.upne.com© 2013 Brandeis University Press All rights reserved Manufactured in the United States of America Designed by Mindy Basinger Hill Typeset in 11/14 Garamond Premier Pro by Walton Harris University Press of New England is a member of the Green Press Initiative. The paper used in this book meets their minimum requirement for recycled paper. For permission to reproduce any of the material in this book, contact Permissions, University Press of New England, One Court Street, Suite 250, Lebanon NH 03766; or visit www.upne.com Library of Congress Cataloging-in-Publication Data Gender, religion, and family law : theorizing conflicts between women’s rights and cultural traditions / edited by Lisa Fishbayn Joffe and Sylvia Neil. p. cm. — (Brandeis series on gender, culture, religion, and law) Includes bibliographical references and index. ISBN 978–1–61168–325–7 (cloth : alk. paper) — ISBN 978–1–61168– 326–4 (pbk. : alk. paper) — ISBN 978–1–61168–327–1 (ebook) 1. Domestic relations. 2. Legal polycentricity. 3. Jews—Legal status, laws, etc. 4. Muslims—Legal status, laws, etc. 5. Customary law. 6. Domestic relations—South Africa. I. Joffe, Lisa Fishbayn. II. Neil, Sylvia. K670. G435 2012 346.01'5—dc23 2012011027 5 4 3 2 1 ...