ABSTRACT

This chapter examines socio-legal gendered remedies to get refusal. It describes the legal pluralist solutions and gendered storytelling is remedies that simultaneously negotiate between Jewish women's right to religion and their claims for equality in their right to divorce. The chapter focuses a larger project on get refusal focusing on tracing gaps between law reform and social behaviour with a concentration on gendered storytelling and the complexities that surround religion, culture and identity in a particular socio-legal context. Legal pluralism, dealing explicitly with the interactions between religious law and civil courts, and gendered storytelling, empowering women by their self-narration, are remedies to get refusal which allow women to actively negotiate between their right to religion and their right to divorce. In Canada, multiculturalist approaches to religious socio-legal issues have proven to be insufficient and inadequate. They reinforce existing hegemonic hierarchies regarding idyllic dominance of 'Christo-secularism/neutrality' in law rather than a non-essentialist dialogic approach that might actually embrace religion.