{"title":"Modern Marriage Myths:","authors":"Ann H. Barlow","doi":"10.2307/j.ctv13qfvmm.10","DOIUrl":"https://doi.org/10.2307/j.ctv13qfvmm.10","url":null,"abstract":"","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131644803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-01DOI: 10.46692/9781529210842.011
P. Nash
This chapter looks at the inadequacies of English law and notes their needless complexity. It criticises Akhter v Khan and suggests that reform guided by nudge theory offers a promising solution. It then makes the case for moving towards a minimalistic law of marriage.
本章着眼于英国法律的不足之处，并指出它们不必要的复杂性。它批评了Akhter v Khan案，并提出在助推理论指导下的改革提供了一个有希望的解决方案。然后，它提出了向极简主义婚姻法迈进的理由。
{"title":"‘Regrettably it is not that Simple’: the Case for Minimalistic Marriage Laws","authors":"P. Nash","doi":"10.46692/9781529210842.011","DOIUrl":"https://doi.org/10.46692/9781529210842.011","url":null,"abstract":"This chapter looks at the inadequacies of English law and notes their needless complexity. It criticises Akhter v Khan and suggests that reform guided by nudge theory offers a promising solution. It then makes the case for moving towards a minimalistic law of marriage.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132369452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Nikah Ceremonies in the UK:","authors":"Z. Naqvi","doi":"10.2307/j.ctv13qfvmm.14","DOIUrl":"https://doi.org/10.2307/j.ctv13qfvmm.14","url":null,"abstract":"","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"1993 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125540677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-01DOI: 10.46692/9781529210842.009
I. Uddin
This chapter surveys the practices of Islamic marriages and divorce among British Muslims, highlighting the importance of religious divorces to mark the end of a marriage. It looks at the various forms of ADR that have evolved in Muslim communities to deal with the lack of legal recognition of nikahs. It then argues for the establishment of a general standard of best practice for faith-based dispute resolution forums such as Shariah Councils, in order to safeguard and empower women users, and redress any imbalances in the process.
{"title":"In Pursuit of an Islamic Divorce: a Socio-Legal Examination of Practices Among British Muslims","authors":"I. Uddin","doi":"10.46692/9781529210842.009","DOIUrl":"https://doi.org/10.46692/9781529210842.009","url":null,"abstract":"This chapter surveys the practices of Islamic marriages and divorce among British Muslims, highlighting the importance of religious divorces to mark the end of a marriage. It looks at the various forms of ADR that have evolved in Muslim communities to deal with the lack of legal recognition of nikahs. It then argues for the establishment of a general standard of best practice for faith-based dispute resolution forums such as Shariah Councils, in order to safeguard and empower women users, and redress any imbalances in the process.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122974346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter argues for a post-ceremony registration system for weddings, similar to the registration of births and deaths, which would enable varied forms of marriage ceremony to be legally recognised. It contextualises ‘the Muslim problem’ and examines Muslim attitudes towards the nikah ceremony. It argues that individuals should be able to determine for themselves when and how they marry and that the state’s interests can be protected by such a post-ceremony registration system.
{"title":"From Regulating Marriage Ceremonies to Recognizing Marriage Ceremonies","authors":"R. Parveen","doi":"10.2307/j.ctv13qfvmm.13","DOIUrl":"https://doi.org/10.2307/j.ctv13qfvmm.13","url":null,"abstract":"This chapter argues for a post-ceremony registration system for weddings, similar to the registration of births and deaths, which would enable varied forms of marriage ceremony to be legally recognised. It contextualises ‘the Muslim problem’ and examines Muslim attitudes towards the nikah ceremony. It argues that individuals should be able to determine for themselves when and how they marry and that the state’s interests can be protected by such a post-ceremony registration system.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122382845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Index","authors":"","doi":"10.2307/j.ctv13qfvmm.20","DOIUrl":"https://doi.org/10.2307/j.ctv13qfvmm.20","url":null,"abstract":"","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114375838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter explores the development of different categories of marriage: non, void and valid. It argues that it is crucial to understand the evolution of the concept of ‘non-marriage’ in order to appreciate its legal necessity today in light of the current state of the law. It also suggests that a correct understanding the evolution of this category of marriage will enable reform to minimise the likelihood of a wedding either resulting in a void marriage or no marriage at all. Finally, it proposes options for reform.
{"title":"Determining the Boundaries Between Valid, Void and ‘Non-Qualifying’ Marriages: Past, Present and Future?","authors":"R. Probert","doi":"10.2307/j.ctv13qfvmm.8","DOIUrl":"https://doi.org/10.2307/j.ctv13qfvmm.8","url":null,"abstract":"This chapter explores the development of different categories of marriage: non, void and valid. It argues that it is crucial to understand the evolution of the concept of ‘non-marriage’ in order to appreciate its legal necessity today in light of the current state of the law. It also suggests that a correct understanding the evolution of this category of marriage will enable reform to minimise the likelihood of a wedding either resulting in a void marriage or no marriage at all. Finally, it proposes options for reform.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131705052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-01DOI: 10.46692/9781529210842.008
Z. Naqvi
This chapter engages with the issue of polygyny and religious-only marriages. It focusses on women who voluntarily opt for non-legally recognised marriages and proposes solutions which respect women’s autonomy in relationship decision making, while offering legal protections to those who are vulnerable. It proposes legal recognition of religious ceremonies of marriage with a mutual ‘opt-out’ provision allowing couples to choose to place themselves outside of family law provisions.
{"title":"Nikah Ceremonies in the UK: a Tool for Empowerment?","authors":"Z. Naqvi","doi":"10.46692/9781529210842.008","DOIUrl":"https://doi.org/10.46692/9781529210842.008","url":null,"abstract":"This chapter engages with the issue of polygyny and religious-only marriages. It focusses on women who voluntarily opt for non-legally recognised marriages and proposes solutions which respect women’s autonomy in relationship decision making, while offering legal protections to those who are vulnerable. It proposes legal recognition of religious ceremonies of marriage with a mutual ‘opt-out’ provision allowing couples to choose to place themselves outside of family law provisions.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123360778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-01DOI: 10.1332/policypress/9781529210835.003.0012
Rajnaara C. Akhtar, P. Nash, R. Probert
This chapter sums up the state of debate in the field. It highlights the problems with the current law as discussed throughout the book and emphasises the need for major reform. It ends on an optimistic note by drawing attention to the current Law Commission project to design effective marriage laws.
{"title":"Conclusion","authors":"Rajnaara C. Akhtar, P. Nash, R. Probert","doi":"10.1332/policypress/9781529210835.003.0012","DOIUrl":"https://doi.org/10.1332/policypress/9781529210835.003.0012","url":null,"abstract":"This chapter sums up the state of debate in the field. It highlights the problems with the current law as discussed throughout the book and emphasises the need for major reform. It ends on an optimistic note by drawing attention to the current Law Commission project to design effective marriage laws.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"272 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127065719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-15DOI: 10.46692/9781529210842.006
Rajnaara C. Akhtar
This chapter explores the similar legal outcomes faced by cohabitants and those in religious-only marriages. It argues that law reform recommendations which focus solely on religious-only marriages while ignoring the often-identical outcome for cohabitees are erroneous, and that law reform providing legal rights for cohabitees will protect both types of families.
{"title":"Religious-Only Marriages and Cohabitation: Deciphering Differences","authors":"Rajnaara C. Akhtar","doi":"10.46692/9781529210842.006","DOIUrl":"https://doi.org/10.46692/9781529210842.006","url":null,"abstract":"This chapter explores the similar legal outcomes faced by cohabitants and those in religious-only marriages. It argues that law reform recommendations which focus solely on religious-only marriages while ignoring the often-identical outcome for cohabitees are erroneous, and that law reform providing legal rights for cohabitees will protect both types of families.","PeriodicalId":279989,"journal":{"name":"Cohabitation and Religious Marriage","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130692432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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