littlebabyjesus
one of Maxwell's demons
Oh sure, Beth Din courts are the lowest rung of the ladder and any decisions they make can be overturned. But, and this is a big but, to challenge the decision of a religious court that you had agreed to take part in may not be a straightforward thing to do. There may be massive social pressures not to do so. There may have been massive social pressures to agree to take part in the court in the first place.I too would want to see it challenged, and I suspect that even under the sort of provision we're talking about, English law with its various assumptions and precedents would take precedence over either shariah or beth din courts, in other words this provision is not going to fundamentally change the legal position - you can make a will including all sorts of provisions, but these are potentially challengable once it comes to executing them.
If a court has certain discriminatory biases based on gender and those biases are reflected in its decisions, the very status of women in the communities using the court that the court's bias reflects may in effect make it impossible for a woman to challenge the decision without leaving that community. That's not a non-problem - a theoretical right to appeal to a higher court may not in practice be possible to exercise.
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