Report 1. NOV 2011
Parallel conceptions of law in Denmark
Authors:
- Anika Liversage
- Tina Gudrun Jensen
The Social Sector
Children, Adolescents and Families
The Social Sector, Children, Adolescents and Families
In recent years, there has been some debate about "parallel communities" in Denmark. This report examines the use of religious-legal principles and authorities, primarily, but not exclusively, among ethnic minorities with Islamic backgrounds. The study focuses on how 'nikah' relationships (often referred to as 'Islamic marriages') are entered into and terminated, and on the roles of imams in this context. It also includes information on similar principles among more established religious minorities such as Catholics and Jews.
The study shows that there is no unique 'parallel legal community', but that there are many conceptions of the meaning of a "nikah dissolution" compared to a Danish divorce. Religious-legal principles seem to play a minor role in relation to child custody, while the principles of distribution of inheritance may trigger family conflicts.
The report concludes, among other things, that practices do not encourage major legislative interventions, as they relate to religion and inter-family relations. On the contrary, focus areas could include strengthening knowledge and competences, dialogue and social initiatives.
The report has been commissioned and financed by the Ministry of Refugee, Immigration and Integration Affairs and is based on extensive qualitative interview material.
The study shows that there is no unique 'parallel legal community', but that there are many conceptions of the meaning of a "nikah dissolution" compared to a Danish divorce. Religious-legal principles seem to play a minor role in relation to child custody, while the principles of distribution of inheritance may trigger family conflicts.
The report concludes, among other things, that practices do not encourage major legislative interventions, as they relate to religion and inter-family relations. On the contrary, focus areas could include strengthening knowledge and competences, dialogue and social initiatives.
The report has been commissioned and financed by the Ministry of Refugee, Immigration and Integration Affairs and is based on extensive qualitative interview material.
Authors
- Anika LiversageTina Gudrun Jensen
About this publication
Publisher
SFI - Det Nationale Forskningscenter for Velfærd