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Islamic Divorce in North America

Islamic Divorce in North America
Author: Julie Macfarlane
Publisher: Oxford University Press
Total Pages: 337
Release: 2012-04-30
Genre: Law
ISBN: 0199908818

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Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.


Islamic Divorce in North America

Islamic Divorce in North America
Author: Julie Macfarlane
Publisher: OUP USA
Total Pages: 337
Release: 2012-04-30
Genre: Law
ISBN: 0199753911

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Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.


Islamic Divorce in the Twenty-First Century

Islamic Divorce in the Twenty-First Century
Author: Erin E. Stiles
Publisher: Rutgers University Press
Total Pages: 237
Release: 2022-09-16
Genre: Religion
ISBN: 1978829086

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Islamic Divorce in the 21st Century shows the wide range of Muslim experiences in marital disputes and in seeking Islamic divorces. For Muslims, having the ability to divorce in accordance with Islamic law is of paramount importance. However, Muslim experiences of divorce practice differ tremendously. The chapters in this volume discuss Islamic divorce from West Africa to Southeast Asia, and each story explores aspects of the everyday realities of disputing and divorcing Muslim couples face in the twenty-first century. The book’s cross-cultural and comparative look at Islamic divorce indicates that Muslim divorces are impacted by global religious discourses on Islamic authority, authenticity, and gender; by global patterns of and approaches to secularity; and by global economic inequalities and attendant patterns of urbanization and migration. Studying divorce as a mode of Islamic law in practice shows us that the Islamic legal tradition is flexible, malleable, and context-dependent.


Women, the Family, and Divorce Laws in Islamic History

Women, the Family, and Divorce Laws in Islamic History
Author: Amira El-Azhary Sonbol
Publisher: Syracuse University Press
Total Pages: 384
Release: 1996-06-01
Genre: Social Science
ISBN: 9780815626886

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The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.


Muslim Communities in North America

Muslim Communities in North America
Author: Yvonne Yazbeck Haddad
Publisher: SUNY Press
Total Pages: 580
Release: 1994-08-04
Genre: Religion
ISBN: 9780791420201

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This book provides the first in-depth look at Muslim life and institutions forming in North America. It considers the range of Islamic life in North America with its different racial-ethnic and cultural identities, customs, and religious orientations. Issues of acculturation, ethnicity, orthodoxy, and the changing roles of women are brought into focus. The authors provide insight into the lives of recent immigrants who are asking what is Islamically appropriate in a non-Muslim environment. Contrasts are drawn between Sunni and Shi'i groups, and attention is given to the activities of some Sufi organizations. The growing Islamic community among African-American Muslims is examined, including the followers of Warith Deen Muhammed and the sectarians identified with black power, such as the Nation of Islam, Darul Islam, and the Five Percenters. The authors document the challenges and issues that American Muslims face, such as prejudice and racism; pressure from overseas Muslims; dress and education; the influence of Islamic revivalism on the development of the community in this country; and the maintenance of Muslim identity amidst the pressure for assimilation.


Encyclopedia of Muslim-American History

Encyclopedia of Muslim-American History
Author: Edward E. Curtis
Publisher: Infobase Publishing
Total Pages: 667
Release: 2010
Genre: History
ISBN: 1438130406

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A two volume encyclopedia set that examines the legacy, impact, and contributions of Muslim Americans to U.S. history.


Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes
Author: Samia Bano
Publisher: Brandeis University Press
Total Pages: 350
Release: 2017-05-02
Genre: Law
ISBN: 1512600369

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Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.


Debating Sharia

Debating Sharia
Author: Anna C. Korteweg
Publisher: University of Toronto Press
Total Pages: 417
Release: 2012-01-01
Genre: Social Science
ISBN: 1442611456

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When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.


American Journal of Islam and Society (AJIS) - Volume 39 Issues 3-4

American Journal of Islam and Society (AJIS) - Volume 39 Issues 3-4
Author: Wardah Alkatiri
Publisher: International Institute of Islamic Thought (IIIT)
Total Pages: 280
Release: 2023-02-16
Genre: Religion
ISBN:

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I want to begin by congratulating my colleagues at the helm of the American Journal of Islam and Society (AJIS), as well as readers and contributors, that the journal is now finally SCOPUS-indexed. Consistently in circulation since its establishment in 1984, AJIS is now an open-access, biannual, double-blind peer-reviewed and interdisciplinary journal with global reach. Its newly acquired formal status speaks to its consistently high standards of scholarship and invites an ever-larger group of aspiring and senior scholars to publish their finest work on a variety of areas in Islamic thought and society. The issue of the American Journal of Islam and Society comprises four contributions, each exploring a different way in which Islam and society interact. Wardah AlKatiri proposes an Islamic vision to address the world’s deteriorating environmental prospects; Yousef Wahb addresses the challenge of upholding Islamic communal norms in North America; Sami al-Daghistani aspires to put the field of Islamic economics into conversation with classical Islamic ethics and spirituality; and Tabinda Khan addresses a theoretical lacuna in Western political scientists’ study of Islamism. Ovamir Anjum Editor


Muslim Family Law in Western Courts

Muslim Family Law in Western Courts
Author: Elisa Giunchi
Publisher: Routledge
Total Pages: 212
Release: 2014-03-26
Genre: Social Science
ISBN: 1317750314

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This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.