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Family Law Policies and the Enactment of Women's Agency in Post-Conflict Lebanon (1990-2005)
Abstract
This paper is concerned with analysing the policies of family law in relation to women's rights in multi-religious settings. It asks the following research question: 'How does the enactment of family laws impact on the ways women negotiate their personal relationships in post-conflict Lebanona' The paper challenges the view that family law in non-western settings is a positive legal instrument that defines women as statutory legal subjects It takes a broader view of the 'enacted' aspects of family laws and examines their impact as historically-bound social institutions in order to analyse women's agency in negotiating their rights in the family. It uses qualitative research methods to examine the case of post-conflict Lebanon in the light of the renegotiation of 'consociational' citizenship in the national reconciliation pact era (1990-2005). Findings suggest that the enacted policies of family law fragment women's agency over individual and collective social spaces. These spaces are formed through clashes of the discursive regimes of local family law frameworks on one hand, and universalist gender equality and feminist activism on the other. It also constructs women's agency in multiple directions through contested notions of resistance and freedom beyond the conventional Western perspectives. The paper's main contribution is to argue for the need to move beyond a statutory view of family law in order to engage more thoroughly with their institutional complexity and the processes of their enactment. The focus on enactment helps explain why women have so far been unable to organise effectively towards challenging or reforming family laws. It also informs the complexity of citizenship in mutli-religious settings by contextualising the religious influence and framing it within political discourses on national identity and post-conflict state building.
Discipline
Sociology
Geographic Area
Lebanon
Sub Area
Gender/Women's Studies