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Sharia Tribunals, Rabbinical Courts, and Christian PanelsReligious Arbitration in America and the West$
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Michael J. Broyde

Print publication date: 2017

Print ISBN-13: 9780190640286

Published to Oxford Scholarship Online: June 2017

DOI: 10.1093/acprof:oso/9780190640286.001.0001

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Concluding Thoughts

Concluding Thoughts

Chapter:
(p.269) Chapter 11 Concluding Thoughts
Source:
Sharia Tribunals, Rabbinical Courts, and Christian Panels
Author(s):

Michael J. Broyde

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190640286.003.0012

This chapter provides concluding thoughts on the subject, stressing that this book is supportive of the idea of religious arbitration, and secular society benefits in many ways from allowing religious communities and their members to contractually resolve their commercial and family law disputes. Secular society must regulate arbitration by making sure that (1) people are truly voluntarily agreeing to such arbitration in a way that shows a true consent to religious arbitration; (2) such arbitrations are limited to monetary matters and not treading on the unique police powers of the general society; and (3) procedural due process is followed in arbitration hearings. Related to that is that religious arbitrators, to be successful, must integrate well the norms of the secular society that intermingles with their own religious community. Our law should be increasingly open to the idea that people can structure their relationships around a contract, rather than around sacrament.

Keywords:   religious arbitration, intermingling, religious society, secular society, multicultural community

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