Muslim Family Law In Western Courts PDF Download
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Author | : Elisa Giunchi |
Publisher | : Routledge |
Total Pages | : 212 |
Release | : 2014-03-26 |
Genre | : Social Science |
ISBN | : 1317750314 |
Download Muslim Family Law in Western Courts Book in PDF, ePub and Kindle
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.
Author | : ʻAbd Allāh Aḥmad Naʻīm |
Publisher | : Zed Books |
Total Pages | : 340 |
Release | : 2002-08 |
Genre | : Family & Relationships |
ISBN | : 9781842770931 |
Download Islamic Family Law in a Changing World Book in PDF, ePub and Kindle
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.
Author | : Dr Pascale Fournier |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 376 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409497232 |
Download Muslim Marriage in Western Courts Book in PDF, ePub and Kindle
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce.
Author | : Pascale Fournier |
Publisher | : Routledge |
Total Pages | : 229 |
Release | : 2016-04-29 |
Genre | : Law |
ISBN | : 1317091124 |
Download Muslim Marriage in Western Courts Book in PDF, ePub and Kindle
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce.
Author | : Pakistan |
Publisher | : |
Total Pages | : 828 |
Release | : 2006 |
Genre | : Domestic relations |
ISBN | : |
Download The Code of Muslim Family Laws Book in PDF, ePub and Kindle
Author | : Hodkinson |
Publisher | : Routledge |
Total Pages | : 401 |
Release | : 1984 |
Genre | : Domestic relations |
ISBN | : 9780709912569 |
Download Muslim Family Law Book in PDF, ePub and Kindle
Author | : Lynn Welchman |
Publisher | : BRILL |
Total Pages | : 464 |
Release | : 2021-10-25 |
Genre | : Law |
ISBN | : 9004480692 |
Download Beyond the Code Book in PDF, ePub and Kindle
Legal issues of personal status – including those implicating women's rights – continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world. This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions – as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well as in Jordan.
Author | : Maaike Voorhoeve |
Publisher | : Bloomsbury Publishing |
Total Pages | : 250 |
Release | : 2012-03-30 |
Genre | : Law |
ISBN | : 0857721275 |
Download Family Law in Islam Book in PDF, ePub and Kindle
In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
Author | : Shamil Jeppie |
Publisher | : Amsterdam University Press |
Total Pages | : 389 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9089641726 |
Download Muslim Family Law in Sub-Saharan Africa Book in PDF, ePub and Kindle
Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.
Author | : Elisa Giunchi |
Publisher | : Routledge |
Total Pages | : 236 |
Release | : 2013-12-04 |
Genre | : Social Science |
ISBN | : 131796487X |
Download Adjudicating Family Law in Muslim Courts Book in PDF, ePub and Kindle
While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.