Calculating Claims : Jewish and Muslim Women Navigating Religion, Economics and Law in Canada

Headings: 
Title: 
Calculating Claims : Jewish and Muslim Women Navigating Religion, Economics and Law in Canada
Journal Citation: 
8(1) INTERNATIONAL JOURNAL OF LAW IN CONTEXT, 47-72 (2012)

This paper approaches family law from a law and economics perspective, examining the cost/benefit analysis to women divorcing their husbands through religious law or secular law. Divorce is examined within the Jewish and Muslim traditions in terms of (1) agency of each party to initiate divorce, (2) requirement for the man’s consent for a binding divorce, and (3) process adjudicators. The benefits and costs associated with divorce processes are explored through statements by women divorced religiously, civilly, or both. Generally, the religious sphere costs a woman and benefits the man when the religious authority fails to enforce religious rules existing in women’s favour. The sphere is a benefit to women in providing emotional freedom, and support from religious leaders or community members. Men are unable to hide assets from a known religious leader in a way that can be possible in the secular civil process. The secular process often results in very different property distribution than required through a religious process, sometimes benefiting women economically, or establishing custody for their children’s wellbeing.