What Is the Relationship between Inequity in Family Law and Violence against Women? Approaching the Issue of Legal Enclaves

Hudson, Valerie M.; Bowen, Donna Lee; Nielsen, Perpetua Lynne

doi:10.1017/s1743923x11000328

Cited by 38 publications

(39 citation statements)

References 31 publications

(27 reference statements)

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“…This discrimination is most clearly seen in clan law, but can also be reproduced in formal state law where significant clan governance is found. It is important to examine practice as well, given that states with equitable family laws on the books might not enforce these laws because of clan-based tradition or practices (Hudson, Bowen, and Nielsen 2011).…”

Section: Variables and Methodsmentioning

confidence: 99%

Clan Governance and State Stability: The Relationship between Female Subordination and Political Order

2015

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W e propose that the relative influence of clans is an important explanatory factor producing significant variation in state stability and security across societies. We explore the micro-level processes that link clan predominance with dysfunctional syndromes of state behavior. Clans typically privilege agnatic descent from the patriline and are characterized by extreme subordination of women effected through marriage practices. Particular types of marriage practices give rise to particular types of political orders and may be fiercely guarded for just this reason. We construct and validate a Clan Governance Index to investigate which variables related to women's subordination to the patriline in marriage are useful to include in such an index. We then show that clan governance is a useful predictor of indicators of state stability and security, and we probe the value added by its inclusion with other conventional explanatory variables often linked to state stability and security. "I against my brothers; my brothers and I against my cousins; my cousins, my brothers, and I against the world" (Bedouin saying)"At the heart of tribes, to varying levels, is a severe patriarchy" (Jacobson 2013, 58).

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Section: Variables and Methodsmentioning

confidence: 99%

Clan Governance and State Stability: The Relationship between Female Subordination and Political Order

2015

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“…The great challenge for the governing bodies of India and similarly divided societies is therefore to commit to and maintain broad visions that entail parallel progress of different groups, both majority and minority, that make up the country. In the early twenty‐first century reality, a broad spectrum of family law implemented in various areas in the world can be located along an imaginary continuum, between family law that fully encodes male dominance over women and relatively equitable family law that encodes a meaningful degree of parity between men and women (Hudson, Bowen, and Nielsen , 470). The objectives of democratic states should involve implementing personal laws that will respect religious traditions but at the same time applying gender‐just laws.…”

Section: Discussionmentioning

confidence: 99%

Policy Analysis beyond Personal Law: Muslim Women's Rights in India

Harel-Shalev

2013

Politics & Policy

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Granting legal rights to groups in deeply divided societies is important and necessary, but the cost of awarding these rights-in terms of their negative impact on civil rights, and particularly on women's rights-are key issues affecting the politics and policy of diverse polities. The article explores the implications for Muslim women of applying minority autonomy in India. In parallel, it delves into India's policy of religious autonomy for minorities as viewed by the political and legal authorities, and through the eyes of different sectors of the minority community. Analyzing the complex construction of rights within a communalized polity, this article attempts to transcend the ongoing debate on the implications of Muslim Personal Law in India and suggests policy directives aimed at empowering minority women. The Indian case provides a constructive microcosm for studying these tensions comprehensively and comparatively, and holds important lessons for other multicultural societies worldwide.Acknowledgements: The author would like to thank the editors and three anonymous reviewers for their constructive suggestions and comments.

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“…2 This is the case in both South Korea and Vietnam (Das Gupta et al 2003;Guilmoto 2012aGuilmoto , 2012b. Patrilineality permits groups of male relatives to become politically powerful: when conflict arises, a natural alliance is readily at hand (Hudson, Bowen, and Nielsen 2015). But this ready-made allegiance owes much to blood ties; hence scholars have noted the importance attached by the clan to biological replication (Barfield 2010).…”

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confidence: 99%