The Aguna Problem – Recent Developments

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

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

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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