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. (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)

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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
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Sarah Slowe
Date Deposited: 16 May 2012 08:56
Last Modified: 30 Mar 2015 09:44
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