Category: Guest Post

The Aguna Problem – Recent Developments

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Haim Shapira is Professor of Law at Bar-Ilan University (Israel) 

In a recent case in the UK, a Jewish woman was able to obtain a get (bill of religious divorce) from her husband by launching a private prosecution against him for controlling or coercive behavior. This has been described as a landmark case in the struggle of Jewish women to obtain religious divorces from uncooperative husbands. In this short post I explain the problem of aguna (“chained” wife), review recent developments in this area, and explain why this last case is truly groundbreaking. (more…)

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Divorce and the Chained Wife: The Interplay of Civil Law and Religious Law

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Mark Hill QC practices at the Bar in London and is an affiliated or visiting professor at the Centre for Law and Religion, Cardiff University; Pretoria University, South Africa; Notre University Law School, Sydney, Australia; and the Dickson Poon School of Law at King’s College, London.

In most countries of the world, the inter-relationship between the state law on marriage and that of differing religious groups is complex and contested. It is navigated in varying ways, both conceptually and as a matter of practice. Clarity as to the subsistence of a marriage is essential where issues of succession and inheritance are concerned, and – as a minimum – the state has a continuing duty to ensure the well-being of children in the event that a marriage breaks down. (more…)

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Stateless and Hyperlegalized: The Indian state weaponizes paperwork

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This guest post by M. Mohsin Alam Bhat is reproduced, with permission, from a January 3, 2020 article in The Baffler.  A law professor at Jindal Global Law School in Sonipat, Haryana (India), Mohsin is a 2019 alumnus of the ICLRS Religion and the Rule of Law Young Scholars Fellowship program.

On December 11, 2019, the parliament of India voted overwhelmingly to introduce a religious qualification for citizenship. The Citizenship Amendment Act 2019 (CAA) offers all undocumented migrants from Pakistan, Bangladesh, and Afghanistan a route to naturalization, provided they are not Muslim. (more…)

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