Feminism, Law, and Religion PDF
Preview Feminism, Law, and Religion
Feminism, Law, and ReLigion gender in Law, Culture, and society Series Editor martha albertson Fineman, emory University school of Law, Usa gender in Law, Culture, and society will address key issues and theoretical debates related to gender, culture, and the law. its titles will advance understanding of the ways in which a society’s cultural and legal approaches to gender intersect, clash, and are reconciled or remain in tension. The series will further examine connections between gender and economic and political systems, as well as various other cultural and societal influences on gender construction and presentation, including social and legal consequences that men and women uniquely or differently encounter. intended for a scholarly readership as well as for courses, its titles will be a mix of single-authored volumes and collections of original essays that will be both pragmatic and theoretical. it will draw from the perspectives of critical and feminist legal theory, as well as other schools of jurisprudence. interdisciplinary, and international in scope, the series will offer a range of voices speaking to significant questions arising from the study of law in relation to gender, including the very nature of law itself. Other titles in the series Critical Queer Studies: Law, Film, and Fiction in Contemporary American Culture Casey Charles isBn 9781409444060 Feminism, Law, and Religion Edited by maRie a. FaiLingeR Hamline University School of Law, USA eLizaBeTh R. sChiLTz University of St. Thomas School of Law, USA sUsan J. sTaBiLe University of St. Thomas School of Law, USA © marie a. Failinger, elizabeth R. schiltz, susan J. stabile and the contributors 2013 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. marie a. Failinger, elizabeth R. schiltz and susan J. stabile have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by ashgate Publishing Limited ashgate Publishing Company wey Court east 110 Cherry street Union Road suite 3-1 Farnham Burlington, VT 05401-3818 surrey, gU9 7PT Usa england www.ashgate.com British Library Cataloguing in Publication Data Feminism, law, and religion. – (gender in law, culture, and society) 1. Feminist jurisprudence. 2. Feminism – Religious aspects. 3. women – Legal status, laws, etc. 4. women and religion. i. series ii. Failinger, marie a. iii. schiltz, elizabeth. iV. stabile, susan J., 1957– 340’.082–dc23 The Library of Congress has cataloged the printed edition as follows: Feminism, law, and religion / by marie a. Failinger, elizabeth R. schiltz, and susan J. stabile. pages cm includes bibliographical references and index. isBn 978-1-4094-4419-0 (hardcover)—isBn 978-1-4094-4421-3 (pbk)—isBn 978-1- 4094-4420-6 (ebook)—isBn 978-1-4094-7481-4 (epub) 1. Comparative religious law. 2. women—Legal status, laws, etc. 3. women and religion. 4. Feminist jurisprudence. 5. women (Canon law) 6. women (islamic law) i. Failinger, marie a., editor of compilation. ii. schiltz, elizabeth R., editor of compilation. iii. stabile, susan J., 1957– editor of compilation. KB526.F46 2013 208’.4—dc23 2012048044 isBn 9781409444190 (hbk) isBn 9781409444213 (pbk) isBn 9781409444206 (ebk – PdF) isBn 9781409474814 (ebk – ePUIIBI) Contents List of Figures and Table vii Notes on Contributors ix Foreword xiii Preface xxix Acknowledgments xxxi Part I FemInIst LegaL theory—reLIgIous and secuLar encounters 1 A Contemporary Catholic Theory of Complementarity 3 Elizabeth R. Schiltz 2 Deconstructing Equality in Religion 25 Cheryl B. Preston 3 The Catholic Church and Women: The Divergence Between What is Said and What is Heard 63 Susan J. Stabile 4 What is the Matter with Antigone? 85 Emily Albrink Hartigan Part II theoLogIcaL InsIghts aPPLIed to dILemmas oF Woman’s socIaL exIstence 5 Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law 109 Ayelet Shachar 6 From Third Wave to Third Generation: Feminism, Faith, and Human Rights 141 M. Christian Green 7 A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law 173 Asifa Quraishi-Landes vi Feminism, Law, and Religion 8 Co-Creating the Family: A Lutheran View of Marriage and Divorce Law 197 Marie A. Failinger 9 With Compassion and Lovingkindness: One Feminist Buddhist’s Exploration of Feminist Domestic Violence Advocacy 219 Deborah J. Cantrell 10 “Men are the Protectors of Women”: Negotiating Marriage, Feminism, and (Islamic) Law in American Muslim Efforts against Domestic Violence 237 Juliane Hammer 11 Why Muslim Women are Re-interpreting the Qur`an and Hadith: A Transformative Scholarship-Activism 257 Nimat Hafez Barazangi Part III FemInIst readIngs oF scrIPturaL texts on Women and Women’s rIghts 12 Modesty Disrobed—Gendered Modesty Rules under the Monotheistic Religions 283 Frances Raday 13 Jewish Law: The Case of Wifebeating 307 Naomi Graetz 14 Competing Approaches to Rape in Islamic Law 327 Hina Azam Part IV Women’s LeadershIP and standIng WIthIn reLIgIous communItIes 15 Catholic Women and Equality: Women in the Code of Canon Law 345 Sister Sara Butler, M.S.B.T. 16 Daughters of the Buddha: The Sakyadhita Movement, Buddhist Law and the Position of Buddhist Nuns 371 Rebecca Redwood French 17 Chinese Women Lawyers and Judges as Priests 391 Mary Szto Index 405 List of Figures and Table Figures 10.1 Muslim inter-community network poster 246 17.1 Yinyang 392 17.2 Ancestral and other rituals and Heavenly blessing 394 Table 13.1 Development of halakha 324 This page has been left blank intentionally Notes on Contributors About the Principal Authors Marie A. Failinger is a professor of law at Hamline University School of Law, where she has been the editor of the internationally recognized Journal of Law and Religion for 25 years. Her areas of expertise and scholarship include constitutional law, law and religion, and gender and law. She serves as an editorial board member and contributor to the online Journal of Lutheran Ethics. Elizabeth R. Schiltz is a professor of law at the University of St. Thomas School of Law, where she serves as the Thomas J. Abood Research Scholar and Co-Director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy. Her research interests include the relationship of federal and state law in regulating consumer credit, disability and consumer law theory, and feminist legal theory from a Catholic perspective. Susan J. Stabile is the Robert and Marion Short Distinguished Chair in Law at the University of St. Thomas School of Law, where she is also a Fellow of the Holloran Center for Ethical Leadership. Among the nation’s leading scholars on pensions and employee benefits law, her more recent scholarship has focused on the intersection of Catholic social thought and the law. She is also a spiritual director and has significant experience giving retreats and other programs of spiritual formation. About the Contributors Hina Azam is an Assistant Professor of Islamic Studies in the Department of Middle Eastern Studies at the University of Texas at Austin. The focus of her scholarship is Islamic jurisprudence and women in Islam. Nimat Hafez Barazangi is a research fellow at Cornell University, Ithaca NY. Her years of scholarship-activism with Arab, Muslim, and non-Muslim organizations and individuals in North America, Europe, and the Muslim world have resulted in numerous published research articles, encyclopedia entries, book reviews, edited journals, computerized instructional programs for self-learning, and two monographs: Woman’s Self-Identity and the Qur’an: A New Reading; and Islamic Identity and the Struggle for Justice.
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