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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 : 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 : 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 : 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 : 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 : 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 : 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 : Ali A. Rizvi
Publisher : Macmillan
ISBN 13 : 1250094445
Total Pages : 256 pages
Book Rating : 4.2/5 (5 download)
Download or read book The Atheist Muslim written by Ali A. Rizvi and published by Macmillan. This book was released on 2016-11-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In much of the Muslim world, religion is the central foundation upon which family, community, morality, and identity are built. The inextricable embedment of religion in Muslim culture has forced a new generation of non-believing Muslims to face the heavy costs of abandoning their parents’ religion: disowned by their families, marginalized from their communities, imprisoned, or even sentenced to death by their governments. Struggling to reconcile the Muslim society he was living in as a scientist and physician and the religion he was being raised in, Ali A. Rizvi eventually loses his faith. Discovering that he is not alone, he moves to North America and promises to use his new freedom of speech to represent the voices that are usually quashed before reaching the mainstream media—the Atheist Muslim. In The Atheist Muslim, we follow Rizvi as he finds himself caught between two narrative voices he cannot relate to: extreme Islam and anti-Muslim bigotry in a post-9/11 world. The Atheist Muslim recounts the journey that allows Rizvi to criticize Islam—as one should be able to criticize any set of ideas—without demonizing his entire people. Emotionally and intellectually compelling, his personal story outlines the challenges of modern Islam and the factors that could help lead it toward a substantive, progressive reformation.
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 : Y. Atasoy
Publisher : Springer
ISBN 13 : 0230246664
Total Pages : 297 pages
Book Rating : 4.2/5 (32 download)
Download or read book Islam’s Marriage with Neoliberalism written by Y. Atasoy and published by Springer. This book was released on 2009-10-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformation of the Turkish state is examined here in the context of globalized frames of neo-liberal capitalism and contemporary schemas of Islamic politics. It shows how the historical emergence of two distinct yet intertwined imaginaries of state structuring, laiklik and Islam, continues to influence Turkish politics today.
Author : Gavin W. Jones
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9812308741
Total Pages : 340 pages
Book Rating : 4.8/5 (123 download)
Download or read book Muslim-Non-Muslim Marriage written by Gavin W. Jones and published by Institute of Southeast Asian Studies. This book was released on 2009 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is an excellent and rare exploration of a sensitive religious issue from many perspectives _ legal, cultural and political. The case studies from Indonesia, Malaysia, Singapore and Thailand portray the important and exciting, yet very difficult, negotiation of Islamic teachings in the changing realities of Southeast Asia, home to the majority of Muslims in the world. Interreligious marriage is an important indicator of good relations between communities in religiously diverse countries. This book will also be of great interest to students and scholars of religious pluralism in a Southeast Asian context, which has not been studied adequately." - Zainal Abidin Bagir, Executive Director, Center for Religious and Cross-cultural Studies (CRCS), Gadjah Mada University, Indonesia "The issue of Muslim-non-Muslim marriages has different connotations in the different Southeast Asian states. For example, in Thailand it is more a fluid cultural issue but in Malaysia it reflects great racial schisms with severe legal implications. This book is a welcome one as it examines the issue not only from the perspectives of various Southeast Asian nations but also from so many angles; the legal, historical, social, cultural, anthropological and philosophical. The work is scholarly, yet accessible. Underlying it, there is a vital streak of humanism." - Azmi Sharom, Associate Professor, Faculty of Law, University of Malaya
Author : Melanie Phillips
Publisher :
ISBN 13 : 9780316641203
Total Pages : 384 pages
Book Rating : 4.6/5 (412 download)
Download or read book All Must Have Prizes written by Melanie Phillips and published by . This book was released on 1997 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: British education is regarded as being in a state of meltdown. Throughout the system, from nursery classes to degree courses, the relationship between teacher and pupil has been undermined, and the idea that children should be taught a body of rules at all, whether in maths or grammar, is now taboo in many schools. Systematic instruction has given way to approximations and guesswork, resulting in a rising tide of illiteracy. This text aims to present the inside story of a social debacle. The collapse of education is not viewed in isolation; according to the author, at the heart of the problem lies cultural and moral relativism, the doctrine that no values can be judged to be any better or worse than any others. She regards the primary effect of this, particularly in the last 20 years, to be the collapse of the authority of institutions. Sounding a warning, she offers a blueprint to restore authority and meaning to society.
