I enjoyed very much our discussion today. As promised and in addition to the -heavily criticized by some of you- Natasha Bakht's paper, here are some articles on the "sharia-arbitration" debate (here you can find the Arbitration Act, 1991, as amended):1. Sherene H. Razack, "The 'Sharia Law Debate' in Ontario: The Modernity/Premodernity Distinction in Legal Efforts to Protect Women from Culture" (2007);
2. Anna Korteweg, "The Sharia Debate in Ontario: Gender, Islam, and Representations of Muslim Women's Agency" (2008);
3. Eli Walker, "Don't Throw out my Baby: Why Dalton McGuinty was Wrong to Reject Religious Arbitration" (2006).
On the question raised in class today about the common law as a system of customary law, a good place to start is Alan Cromartie's essay, "The Idea of Common Law as Custom", in The Nature of Customary Law: Legal, Historical, and Philosophical Perspectives (Amanda Perreau-Saussine and James Bernard Murphy, eds.) (2007). In case you are interested in further reading about customary law in South Africa, a good source is TW Bennet, Customary Law in South Africa (2004). Here you can find the text of the Recognition of Customary Marriages Act of 1998. Also, for those of you who are interested, here is the complete text of the Civil Code of the Islamic Republic of Iran.
Next week, we will consider some of the issues involved in the recognition of foreign marriages. Specifically, we will talk about the recognition of foreign same-sex marriages in some jurisdictions of the U.S., as well as about Canada's treatment of polygamous marriages. Next week's readings can be accessed here. However, because I know that at least one of you is interested in doing their research paper on polygamy, here are a few additional articles on the topic.
See you next week!
2. Anna Korteweg, "The Sharia Debate in Ontario: Gender, Islam, and Representations of Muslim Women's Agency" (2008);
3. Eli Walker, "Don't Throw out my Baby: Why Dalton McGuinty was Wrong to Reject Religious Arbitration" (2006).
On the question raised in class today about the common law as a system of customary law, a good place to start is Alan Cromartie's essay, "The Idea of Common Law as Custom", in The Nature of Customary Law: Legal, Historical, and Philosophical Perspectives (Amanda Perreau-Saussine and James Bernard Murphy, eds.) (2007). In case you are interested in further reading about customary law in South Africa, a good source is TW Bennet, Customary Law in South Africa (2004). Here you can find the text of the Recognition of Customary Marriages Act of 1998. Also, for those of you who are interested, here is the complete text of the Civil Code of the Islamic Republic of Iran.
Next week, we will consider some of the issues involved in the recognition of foreign marriages. Specifically, we will talk about the recognition of foreign same-sex marriages in some jurisdictions of the U.S., as well as about Canada's treatment of polygamous marriages. Next week's readings can be accessed here. However, because I know that at least one of you is interested in doing their research paper on polygamy, here are a few additional articles on the topic.
See you next week!
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