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The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain

The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain
Author: Samia Bano
Publisher: Taylor & Francis
Total Pages: 125
Release: 2023-02-01
Genre: Religion
ISBN: 1000863913

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In February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.


Shariʿa Councils and Muslim Women in Britain

Shariʿa Councils and Muslim Women in Britain
Author: Tanya Walker
Publisher: BRILL
Total Pages: 230
Release: 2016-10-11
Genre: Social Science
ISBN: 9004331360

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The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.


A Geo-Legal Approach to the English Sharia Courts

A Geo-Legal Approach to the English Sharia Courts
Author: Anna Marotta
Publisher: BRILL
Total Pages: 317
Release: 2021-12-20
Genre: Law
ISBN: 9004473092

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A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.


Muslim Families, Politics and the Law

Muslim Families, Politics and the Law
Author: Ralph Grillo
Publisher: Routledge
Total Pages: 355
Release: 2016-03-09
Genre: Law
ISBN: 1317091159

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Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are especially controversial and the book includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (shari’a) in family law matters, and the associated role of Shari’a councils, in a British context. In short, Islam generally and the Muslim family in particular have become highly politicized sites of contestation, and the book considers how and why and with what implications for British multiculturalism, past, present and future. The study will be of great interest to international scholars and academics researching the governance of diversity and the accommodation of other faiths including Islam.


A Geo-Legal Approach to the English Sharia Courts

A Geo-Legal Approach to the English Sharia Courts
Author: Anna Marotta
Publisher: BRILL
Total Pages: 317
Release: 2021-12-20
Genre: Law
ISBN: 9004473092

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A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.


Sharia as Informal Law

Sharia as Informal Law
Author: Ihsan Yilmaz
Publisher: Taylor & Francis
Total Pages: 175
Release: 2024-08-01
Genre: Law
ISBN: 1040097901

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This book takes a comprehensive approach to investigate how Sharia influences and manifests in the everyday lives of young Muslims, aiming to unravel the meaning and relevance of Sharia-driven laws and practices in English-speaking Western societies. By focusing on the grassroots level, it provides a deeper understanding of the lived experiences of Muslims and their relationship with Sharia. The presence of Muslims in Western countries has a long history, with recent waves of migration and conversions contributing to their increasing numbers. This study recognizes the diverse nature of the Muslim community, comprising both migrants and local converts, who have become integral parts of the pluralistic fabric of multicultural societies. The research draws on in-depth interviews with 122 young Muslim individuals from diverse backgrounds representing three different Western countries: Australia, the United States, and the United Kingdom. Diversity of participants allows for a broader exploration of the Muslim community and the inherent diversity of opinions, interpretations, and practices regarding Sharia. This approach moves beyond theoretical debates, providing concrete insights into the practical implications of Sharia for young Muslims in their respective Western contexts. The book also sheds light on the evolving landscape of information and knowledge acquisition in the age of digital technologies and cyberspace. It explores how young Muslims access and seek knowledge in the twenty-first century, recognizing the impact of changing sources and modes of information on their religious practices and beliefs. This aspect adds a valuable dimension to the study, capturing the dynamic nature of knowledge dissemination and acquisition among young Muslims in Western societies. The book will be fascinating reading for academics, researchers, and policy-makers working in the areas of Law, Political Science, Minority Studies, Religious Studies, and Islamic Studies.


Relationships Rights and Legal Pluralism

Relationships Rights and Legal Pluralism
Author: Mateusz Stępień
Publisher: Taylor & Francis
Total Pages: 228
Release: 2024-08-01
Genre: Law
ISBN: 1040100953

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This interdisciplinary book brings together leading social and legal scholars to tackle the incompatibility of marriage laws with contemporary social reality in Europe. Their critique is based on the assumption that individuals should be able to choose how they organise their close relationships. The contributors emphasise the importance of pluralism of beliefs, values, cultures, and lifestyles and the consequent need for legal recognition to make individuals' private choices valid and respected. The first part of the book establishes the foundation for the subsequent chapters by exploring the advantages and challenges of focusing on values while accommodating relationship design plurality, the impact of the European Court of Human Rights on the issue, and the transformation of the institution of marriage. The second part presents different legal responses to non-state marriages, particularly religious marriages among Muslim communities, and proposals for reform. The third part of the book features empirical research on the marital experiences of two communities: Muslims and migrants. The chapters concentrate on polygyny among female converts to Islam, the importance of religious knowledge for practising Muslim women in securing rights in their marital relationships, transnational and interreligious marriages, and the impact of acculturative orientation and position in the dual labour market on the choice of life partner among Polish migrant women. The book will be of interest to academics, researchers, and policymakers working in the areas of human rights law, family law, legal anthropology, law and religion, socio-legal studies, feminism and queer studies, and sociology of family.


Islamic Family Law in a Changing World

Islamic Family Law in a Changing World
Author: ʻAbd Allāh Aḥmad Naʻīm
Publisher: Zed Books
Total Pages: 340
Release: 2002-08
Genre: Family & Relationships
ISBN: 9781842770931

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In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.


Sharia, Muslim States and International Human Rights Treaty Obligations

Sharia, Muslim States and International Human Rights Treaty Obligations
Author: Nisrine Abiad
Publisher: BIICL
Total Pages: 276
Release: 2008
Genre: Law
ISBN: 9781905221417

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This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.


Sharia - The Islamic Law

Sharia - The Islamic Law
Author: Corinna Standke
Publisher: GRIN Verlag
Total Pages: 30
Release: 2008-08
Genre: Language Arts & Disciplines
ISBN: 364014967X

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Seminar paper from the year 2008 in the subject Orientalism / Sinology - Islamic Studies, grade: 1,7, University of Hildesheim (Institut für Angewandte Sprachwissenschaft), course: Ba-Seminar Interkulturelle Kommunikation, 18 entries in the bibliography, language: English, abstract: Today, we live in a multicultural society. In our nearest environment there are people from different cultures or religions and they are part of our society. Muslims are one group that participates in our daily lives. For example, we are surrounded by many Turkish people, without really knowing which principles they follow. If we open a newspaper, we find plenty of articles dealing with Sharia, the Islamic law. There is for example the Archbishop of Canterbury who wants to integrate Islamic law into British law. And at present, the debate on headscarves in Turkish universities revives. Once in a while, we hear from women who are sentenced to death because they had unlawful sexual intercourse. But what do we really know about Muslims? Which rules do they follow and where do these rules come from? If we cannot answer this question, it is difficult to understand why there are these harsh punishments in some Islamic countries and why Islam is so important for the social development of these countries. There are Islamically inspired schools, clinics, social welfare services, and insurance and finance companies that have proliferated. Governments have to face crises of identity and political legitimacy and they are pressured to reformulate values and legislation within an Islamic framework. Some people call for the implementation of Sharia and others call for the Islamization of existing laws. In my paper, I will give an insight into Sharia and I will show how it is implemented in different Islamic countries. As this is a very complex topic, I will focus on the origin of Sharia, customs, family law, and crime and punishment, so as to explain the main principles of Muslim faith.