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Muslim Family Law in Western Courts

Muslim Family Law in Western Courts PDF Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317750306
Category : Social Science
Languages : en
Pages : 196
Book Description
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.

Muslim Family Law in Western Courts

Muslim Family Law in Western Courts PDF Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317750306
Category : Social Science
Languages : en
Pages : 196
Book Description
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.

Muslim Marriage in Western Courts

Muslim Marriage in Western Courts PDF Author: Pascale Fournier
Publisher:
ISBN: 9781138268180
Category :
Languages : en
Pages : 228
Book Description
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.

Muslim Family Law in Western Courts

Muslim Family Law in Western Courts PDF Author: Elisa Giunchi
Publisher:
ISBN: 9780415788007
Category : Conflict of laws
Languages : en
Pages : 196
Book Description
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.

Muslim Marriage in Western Courts

Muslim Marriage in Western Courts PDF Author: Pascale Fournier
Publisher: Routledge
ISBN: 1317091124
Category : Law
Languages : en
Pages : 228
Book Description
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.

Women's Rights and Islamic Family Law

Women's Rights and Islamic Family Law PDF Author: Lynn Welchman
Publisher: Zed Books
ISBN: 9781842770955
Category : Religion
Languages : en
Pages : 328
Book Description
This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women. Three contrasting country cases have been selected: Egypt, the most populous Arab state with a constitutional clause on the place of "principles of the shari`a" as the principal source of legislation; the West Bank and Gaza, family law here being a contested site between different visions of national identity in the process of trying to build a Palestinian state; and the United States, where some in the minority Muslim communities seek to regulate their family relations in accordance with "principles of the shari`a" within the context of a non-Muslim state applying civil law requirements to all family matters. A concluding study ranges further afield in order to explore the challenges and potential of "principles of shari`a" in advocacy on the question of violence against women.

Beyond the Code

Beyond the Code PDF Author: Lynn Welchman
Publisher: BRILL
ISBN: 9004480692
Category : Law
Languages : en
Pages : 464
Book Description
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.

Routledge Handbook of Islam in the West

Routledge Handbook of Islam in the West PDF Author: Roberto Tottoli
Publisher: Routledge
ISBN: 0429556381
Category : Political Science
Languages : en
Pages : 556
Book Description
With new topics and contributions, this updated second edition discusses the history and contemporary presence of Islam in Europe and America. The book debates the relevance and multi-faceted participation of Muslims in the dynamics of Western societies, challenging the changing perception on both sides. Collating over 30 chapters, written by experts from around the world, the volume presents a wide range of perspectives. Case studies from the Muslim presence in the Iberian Peninsula between the Middle Ages and the modern age set off the Handbook, along with an outline of Muslims in America up to the twentieth century. The second part covers concepts around new conditions in terms of consolidating identities, the emergence of new Muslim actors, the appearance of institutions and institutional attitudes, the effects of Islamic presence on the arts and landscapes of the West, and the relational dynamics like ethics and gender. Exploring the influence of Islam, particularly its impact on society, culture and politics, this interdisciplinary volume is a key resource for policymakers, academics and students interested in the history of Islam, religion and the contemporary relationship between Islam and the West.

A Geo-Legal Approach to the English Sharia Courts

A Geo-Legal Approach to the English Sharia Courts PDF Author: Anna Marotta
Publisher: BRILL
ISBN: 9004473092
Category : Law
Languages : en
Pages : 317
Book Description
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.

Shariʿa Councils and Muslim Women in Britain

Shariʿa Councils and Muslim Women in Britain PDF Author: Tanya Walker
Publisher: BRILL
ISBN: 9004331360
Category : Social Science
Languages : en
Pages : 230
Book Description
In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork to radically reshape the public understanding of the Shariʿa councils and the motivations of Muslim women who use them.

Accommodating Muslims under Common Law

Accommodating Muslims under Common Law PDF Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964225
Category : Law
Languages : en
Pages : 206
Book Description
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.