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Author : Pascale Fournier
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.:/5 (183 download)
Download or read book Islamic Marriage in Western Liberal Courts written by Pascale Fournier and published by . This book was released on 2007 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dr Pascale Fournier
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497232
Total Pages : 376 pages
Book Rating : 4.4/5 (94 download)
Download or read book Muslim Marriage in Western Courts written by Dr Pascale Fournier and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 1317091124
Total Pages : 229 pages
Book Rating : 4.3/5 (17 download)
Download or read book Muslim Marriage in Western Courts written by Pascale Fournier and published by Routledge. This book was released on 2016-04-29 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Mustafa Akyol
Publisher : Cato Institute
ISBN 13 : 1952223180
Total Pages : 296 pages
Book Rating : 4.9/5 (522 download)
Download or read book Why, as a Muslim, I Defend Liberty written by Mustafa Akyol and published by Cato Institute. This book was released on 2021-09-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam, the second largest religion in the world, has several authoritarian interpretations today that defy human freedom—by executing “apostates” or “blasphemers,” imposing religious practices, or discriminating against women or minorities. In Why, as a Muslim, I Support Liberty, Mustafa Akyol offers a bold critique of this trouble, by frankly acknowledging its roots in the religious tradition. But Akyol also shows that Islam has “seeds of freedom” as well—in the Qur'an, the life of the Prophet Muhammad, and the complex history of the Islamic civilization. It is past time, he argues, to grow those seeds into maturity, and reinterpret Islamic law and politics under the Qur'anic maxim, “No compulsion in religion.” Akyol shows that the major reinterpretation Islam needs now is similar to the transformation that began in Western Christianity back in the 17th century, with the groundbreaking ideas of classical liberal thinkers such as John Locke. The author goes back and forth between classical liberalism and the Islamic tradition, to excavate little-noticed parallels, first highlighted by the “Islamic liberals” of the late Ottoman Empire, unknown to many Muslims and non-Muslims today. In short chapters, Akyol digs into big questions. Why do Muslims need to “reform” the Sharia? But is there something to “revive” in the Sharia as well? Should Muslims really glorify “conquest,” or rather believe in social contract? Is capitalism really alien to Islam, which has a rich heritage of free markets and civil society? Finally, he addresses a suspicion common among Muslims today: What if liberty is a mere cover used by Western powers to advance their imperialist schemes? With personal stories, historical anecdotes, theological insights, and a very accessible prose, this is the little big book on the intersection of Islam and liberty.
Author : Tamir Moustafa
Publisher : Cambridge University Press
ISBN 13 : 1108334075
Total Pages : pages
Book Rating : 4.1/5 (83 download)
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author : Anna Marotta
Publisher : BRILL
ISBN 13 : 9004473092
Total Pages : 317 pages
Book Rating : 4.0/5 (44 download)
Download or read book A Geo-Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Author : Yasmine Mohammed
Publisher :
ISBN 13 : 9781999240530
Total Pages : 294 pages
Book Rating : 4.2/5 (45 download)
Download or read book Unveiled: How Western Liberals Empower Radical Islam written by Yasmine Mohammed and published by . This book was released on 2019-10-03 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unveiled: How Western Liberals Empower Radical Islam, Canadian human rights activist Yasmine Mohammed speaks her truth as a woman born in the Western world yet raised in a fundamentalist Islamic home. Part Ayaan Hirsi Ali's Infidel, part The Handmaid's Tale, Yasmine's memoir takes readers into a world few Westerners are privy to.
Author : Matthew S. Erie
Publisher : Cambridge University Press
ISBN 13 : 1107053374
Total Pages : 473 pages
Book Rating : 4.1/5 (7 download)
Download or read book China and Islam written by Matthew S. Erie and published by Cambridge University Press. This book was released on 2016-09 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.
Author : Mengia Hong Tschalaer
Publisher : Cambridge University Press
ISBN 13 : 1107155770
Total Pages : 277 pages
Book Rating : 4.1/5 (71 download)
Download or read book Muslim Women's Quest for Gender Justice written by Mengia Hong Tschalaer and published by Cambridge University Press. This book was released on 2017-07-04 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Discusses the claim that understanding the legal world as plural is an important starting point to think about women's access to justice"--
Author : Cheryl Benard
Publisher : Rand Corporation
ISBN 13 : 0833036203
Total Pages : 89 pages
Book Rating : 4.8/5 (33 download)
Download or read book Civil Democratic Islam written by Cheryl Benard and published by Rand Corporation. This book was released on 2004-03-25 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the face of Islam's own internal struggles, it is not easy to see who we should support and how. This report provides detailed descriptions of subgroups, their stands on various issues, and what those stands may mean for the West. Since the outcomes can matter greatly to international community, that community might wish to influence them by providing support to appropriate actors. The author recommends a mixed approach of providing specific types of support to those who can influence the outcomes in desirable ways.
Author : Rex J. Ahdar
Publisher : OUP Oxford
ISBN 13 : 0199582912
Total Pages : 350 pages
Book Rating : 4.1/5 (995 download)
Download or read book Shari'a in the West written by Rex J. Ahdar and published by OUP Oxford. This book was released on 2010 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
Author : Caroline Cox
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.X/5 (4 download)
Download or read book The 'West', Islam and Islamism written by Caroline Cox and published by . This book was released on 2003 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The aim of this book is to encourage mutual understanding between the Islamic and Western worlds. The majority of Muslims are peaceable, law-abiding citizens. However, Muslim fundamentalists, described here as ""Islamists"", presents a challenge to the valu"
Author : Murray Jacob Edelman
Publisher : Chicago : University of Chicago Press
ISBN 13 : 9780226183978
Total Pages : 137 pages
Book Rating : 4.1/5 (839 download)
Download or read book Constructing the Political Spectacle written by Murray Jacob Edelman and published by Chicago : University of Chicago Press. This book was released on 1988 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thanks to the ready availability of political news today, informed citizens can protect and promote their own interests and the public interest more effectively. Or can they? Murray Edelman argues against this conventional interpretation of politics, one that takes for granted that we live in a world of facts and that people react rationally to the facts they know. In doing so, he explores in detail the ways in which the conspicuous aspects of the political scene are interpretations that systematically buttress established inequalities and interpretations already dominant political ideologies.
Author : Salim Farrar
Publisher : Routledge
ISBN 13 : 1317964225
Total Pages : 215 pages
Book Rating : 4.3/5 (179 download)
Download or read book Accommodating Muslims under Common Law written by Salim Farrar and published by Routledge. This book was released on 2016-07-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Author : Yossef Rapoport
Publisher : Cambridge University Press
ISBN 13 : 1139444816
Total Pages : 154 pages
Book Rating : 4.1/5 (394 download)
Download or read book Marriage, Money and Divorce in Medieval Islamic Society written by Yossef Rapoport and published by Cambridge University Press. This book was released on 2005-04-21 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.
Author : Anna Korteweg
Publisher : University of Toronto Press
ISBN 13 : 1442694424
Total Pages : 417 pages
Book Rating : 4.4/5 (426 download)
Download or read book Debating Sharia written by Anna Korteweg and published by University of Toronto Press. This book was released on 2012-05-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Norbert Oberauer
Publisher : BRILL
ISBN 13 : 9004398260
Total Pages : 268 pages
Book Rating : 4.0/5 (43 download)
Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.
