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Muslim Marriage In Western Courts
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Book Synopsis Muslim Marriage in Western Courts by : Dr Pascale Fournier
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.
Book Synopsis Muslim Family Law in Western Courts by : Elisa Giunchi
Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Muslim Marriage in Western Courts by : Pascale Fournier
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.
Download or read book Muslim Family Law written by Hodkinson and published by Routledge. This book was released on 1984 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Islamic Divorce in the Twenty-First Century by : Erin E. Stiles
Download or read book Islamic Divorce in the Twenty-First Century written by Erin E. Stiles and published by Rutgers University Press. This book was released on 2022-09-16 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Geo-Legal Approach to the English Sharia Courts by : Anna Marotta
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.
Book Synopsis China and Islam by : Matthew S. Erie
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.
Book Synopsis Women, the Family, and Divorce Laws in Islamic History by : Amira El-Azhary Sonbol
Download or read book Women, the Family, and Divorce Laws in Islamic History written by Amira El-Azhary Sonbol and published by Syracuse University Press. This book was released on 1996-06-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Child Custody in Islamic Law by : Ahmed Fekry Ibrahim
Download or read book Child Custody in Islamic Law written by Ahmed Fekry Ibrahim and published by Cambridge University Press. This book was released on 2018-08-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Book Synopsis Legal Pluralism in Muslim Contexts by : Norbert Oberauer
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: Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. 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. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Book Synopsis Women and Muslim Family Laws in Arab States by : Lynn Welchman
Download or read book Women and Muslim Family Laws in Arab States written by Lynn Welchman and published by Amsterdam University Press. This book was released on 2007 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
Book Synopsis Anthropology of Law in Muslim Sudan by : Barbara Casciarri
Download or read book Anthropology of Law in Muslim Sudan written by Barbara Casciarri and published by BRILL. This book was released on 2018-04-03 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
Book Synopsis Accommodating Muslims under Common Law by : Salim Farrar
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.
Book Synopsis Radical Islam in the West by : Brian R. Farmer
Download or read book Radical Islam in the West written by Brian R. Farmer and published by McFarland. This book was released on 2014-01-10 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenge posed by the immersion of 15 million Muslims in Western democracies and the few, but volatile, terrorists present within the larger body of believers. The fact that immersion in Western culture is insufficient to stem the tide of extremism is discussed, along with the factors that contribute to the growth of radical Islam, such as the presence of charismatic, authoritarian leadership, educational options that downplay critical thinking, and colonialism. Hope that radical Islam can be kept to a minimum in Western societies is provided by the Islamic concept of Ijtihad, through which Muslims reinterpret their own religion. Just as mainstream Mormons have dispensed with polygamy and Christians with witch-hunting, Muslims in Western societies have the potential to minimize the growth of radicalism. Instructors considering this book for use in a course may request an examination copy here.
Book Synopsis Women and Property Rights in Indonesian Islamic Legal Contexts by : John Bowen
Download or read book Women and Property Rights in Indonesian Islamic Legal Contexts written by John Bowen and published by BRILL. This book was released on 2018-11-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.
Book Synopsis A Secular Age Beyond the West by : Mirjam Künkler
Download or read book A Secular Age Beyond the West written by Mirjam Künkler and published by Cambridge University Press. This book was released on 2018-07-05 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares secularity in societies not shaped by Western Christianity, particularly in Asia, the Middle East, and North Africa.
Book Synopsis Shariʿa Councils and Muslim Women in Britain by : Tanya Walker
Download or read book Shariʿa Councils and Muslim Women in Britain written by Tanya Walker and published by BRILL. This book was released on 2016-10-11 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
