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The Beginning of the Sharpness: Loyalty, Citizenship and Muslim Divorce Practice

Enright, Máiréad (2013) The Beginning of the Sharpness: Loyalty, Citizenship and Muslim Divorce Practice. International Journal of Law in Context, 9 (3). pp. 295-317. ISSN 1744-5523. (doi:10.1017/S1744552313000141) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:29472)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1017/S1744552313000141

Abstract

Muslim divorce practice is a feminist issue, insofar as it often departs from core principles of Anglo-American divorce law. When legal feminists have examined the reception of Muslim divorce practice in common-law courts, they have tended to measure those departures in terms of financial outcome. There is a danger that, in consequence, our theory of Muslim women's legal agency is reduced to pragmatic matters of choice, money and advantage-taking. That theory seems hugely impoverished when read against the political background in Britain, where Muslims‘ legal agency upon divorce is bound up with deeper questions of belonging and allegiance. Feminist work ought to be able to advance a theory of citizens’ commitment to civil law in litigation which can give a complex account even of the unsettling litigation of Muslim divorce disputes in civil courts. This article draws on existing work in feminist multiculturalism to sketch the beginnings of that theory.

Item Type: Article
DOI/Identification number: 10.1017/S1744552313000141
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Mairead Enright
Date Deposited: 16 May 2012 08:56 UTC
Last Modified: 16 Feb 2021 12:40 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/29472 (The current URI for this page, for reference purposes)
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