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A South African case study for the recognition and regulation of Muslim family law in a minority Muslim secular context

Waheeda Amien (UGent)
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Abstract
South Africa implements a form of secularism that does not rely on a strict separation between religion and state. Instead, it promotes collaboration between the two. Using the example of Muslim family law, the author explores ways in which a secular state can respect the South African minority Muslim community’s freedom to apply its religious family laws without impacting negatively on its female members ’ right to equality. Three approaches are considered along a religious diversity management spectrum namely, assimilation, accommodation, and integration. Existing and proposed family laws including the Muslim Marriages Bill are examined with reference to the aforementioned approaches. The author concludes that none of the above approaches provide suffi cient protection for gender equality. Instead, she promotes a nuanced version of the integration approach, which she calls the Gender-Nuanced Integration (GNI) approach. The GNI approach is applicable to minority Muslim contexts that are governed by a supreme constitution, which protects gender equality. It promotes regulation of Muslim family law only to the extent that it does not confl ict with gender equality.

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Please use this url to cite or link to this publication:

MLA
Amien, Waheeda. “A South African Case Study for the Recognition and Regulation of Muslim Family Law in a Minority Muslim Secular Context.” INTERNATIONAL JOURNAL OF LAW, POLICY AND THE FAMILY 24.3 (2010): 361–396. Print.
APA
Amien, W. (2010). A South African case study for the recognition and regulation of Muslim family law in a minority Muslim secular context. INTERNATIONAL JOURNAL OF LAW, POLICY AND THE FAMILY, 24(3), 361–396.
Chicago author-date
Amien, Waheeda. 2010. “A South African Case Study for the Recognition and Regulation of Muslim Family Law in a Minority Muslim Secular Context.” International Journal of Law, Policy and the Family 24 (3): 361–396.
Chicago author-date (all authors)
Amien, Waheeda. 2010. “A South African Case Study for the Recognition and Regulation of Muslim Family Law in a Minority Muslim Secular Context.” International Journal of Law, Policy and the Family 24 (3): 361–396.
Vancouver
1.
Amien W. A South African case study for the recognition and regulation of Muslim family law in a minority Muslim secular context. INTERNATIONAL JOURNAL OF LAW, POLICY AND THE FAMILY. 2010;24(3):361–96.
IEEE
[1]
W. Amien, “A South African case study for the recognition and regulation of Muslim family law in a minority Muslim secular context,” INTERNATIONAL JOURNAL OF LAW, POLICY AND THE FAMILY, vol. 24, no. 3, pp. 361–396, 2010.
@article{1058442,
  abstract     = {South Africa implements a form of secularism that does not rely on a strict separation between religion and state. Instead, it promotes collaboration between the two. Using the example of Muslim family law, the author explores ways in which a secular state can respect the South African minority Muslim community’s freedom to apply its religious family laws without impacting negatively on its female members ’ right to equality. Three approaches are considered along a religious diversity management  spectrum namely, assimilation, accommodation, and integration. Existing and proposed family laws including the Muslim Marriages Bill are examined with reference to the aforementioned approaches. The author concludes that none of the above approaches provide suffi cient protection for gender equality. Instead, she promotes a nuanced version of the integration approach, which she calls the
Gender-Nuanced Integration (GNI) approach. The GNI approach is applicable to minority Muslim contexts that are governed by a supreme constitution, which protects gender equality. It promotes regulation of Muslim family law only to the extent that it does not confl ict with gender equality.},
  author       = {Amien, Waheeda},
  issn         = {1360-9939},
  journal      = {INTERNATIONAL JOURNAL OF LAW, POLICY AND THE FAMILY},
  language     = {eng},
  number       = {3},
  pages        = {361--396},
  title        = {A South African case study for the recognition and regulation of Muslim family law in a minority Muslim secular context},
  url          = {http://dx.doi.org/10.1093/lawfam/ebq012},
  volume       = {24},
  year         = {2010},
}

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