Religious Freedom under the Personal Law System
Farrah Ahmed
Abstract
The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law system harms religious freedom. Several reform proposals are considered, including modifications of the personal law system, a move towards a millet syst ... More
The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law system harms religious freedom. Several reform proposals are considered, including modifications of the personal law system, a move towards a millet system, ‘internal’ reform of individual personal laws, the introduction of a Uniform Civil Code, and a move towards religious alternative dispute resolution.
Keywords:
personal law,
Uniform Civil Code,
religious freedom,
law and religion,
religious law,
personal autonomy,
religious arbitration,
group autonomy,
multiculturalism
Bibliographic Information
Print publication date: 2015 |
Print ISBN-13: 9780199458066 |
Published to Oxford Scholarship Online: December 2015 |
DOI:10.1093/acprof:oso/9780199458066.001.0001 |
Authors
Affiliations are at time of print publication.
Farrah Ahmed, author
Senior Lecturer, Melbourne Law School, University of Melbourne
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