Marital Captivity

Introduction 1
Susan Rutten and Benedicta Deogratias

Marital Captivity in Practice

1 Private Dispute Mediation and Arbitration in Sunni-Muslim Communities in Germany – Family Conflicts and Divorce 17
Mahmoud Jaraba
2 Tying the Knot – In Between Marital Captivity and Women Empowerment in Lebanon and Israel 45
Pascale Fournier and Anne-Sophie Ouellet
3 Women Navigating Their Liberation from Marital Captivity 75
Edien Bartels and Oka Storms
4 Protecting Women against Marital Captivity – An Analysis of Insiders’ Perspectives on Muslim Divorce in Belgium 93
Kim Lecoyer

Marital Captivity and Human Rights
5 An Old Problem with a New Name – Marital Captivity as a Violation of the Human Rights of Women 137
Rashida Manjoo and Rebecca Amy Gore
6 The Istanbul Convention as a Framework to Combat Forced Marriage 163
Ineke Boerefijn
7 Marital Captivity & Violence – A Human Rights Perspective 183
Joseph Alagha
8 States’ Intervention in Islamic and Jewish Divorces – An Interference with the Freedom of Religion? 203
Benedicta Deogratias

Solutions to Marital Captivity
9 Prenuptial Agreements and State Regulation as Tools to Avoid Religious Marital Captivity – The Orthodox Jewish Experience in America and Related Legal Developments 231
Michael J. Broyde
10 How to Make a Tort of Marital Captivity, the Israeli Experience 283
Susan Weiss
11 Dilemmas Facing Muslims in the United Kingdom – Marital Captivity, Unregistered Marriages and UK Sharia Councils 309
Aina Khan OBE
12 Religious Divorce in a Secularized Legal Context – The Case of Sweden 335
Mosa Sayed
13 Untying the Religious Knot – Instruments to Prevent or Resolve Marital Captivity in the Netherlands 355
Pauline Kruiniger

Concluding Statements, Recommendations and Initiatives for the Future
14 Concluding Statements and Recommendations Resulting from the Maricap-Conference – Marital Captivity; Divorce, Religion and Human Rights 389

About the Authors 395