Nationalization, Authorization, and Privatization
from Part II - Religion–State Relations and Their Effects on Women’s Rights
Published online by Cambridge University Press: 24 May 2025
This chapter argues that the resurgence of strong religion has forced liberal states to find new answers to its effects on women’s rights. It discusses two examples. The first is recognition of the jurisdiction of private Muslim Sharia Tribunals to decide Muslim divorces and family disputes, and the second is intervention in Jewish divorce cases in which Jewish religious women find themselves anchored to their marriages due to their husbands’ refusal to grant them a religious divorce. The chapter offers a novel classification of religion–state relations, which sheds new light on the different solutions offered to such dilemmas and their compatibility with women’s rights and with religious freedom. It employs a comparative perspective on religion–state relations to distinguish between three approaches toward religion – nationalization, authorization, and privatization. It assesses the advantages and disadvantages of these approaches and claims that, contrary to liberal inclinations, measured state intervention that enables the liberal state to acknowledge the importance of religious belief in people’s lives, while at the same time protecting the rights of all its citizens, is required.
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