Women S Rights And Islamic Family Law

Author by : Lynn Welchman
Languange : en
Publisher by : Zed Books
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 750
File Size : 45,6 Mb
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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.


Gender Religion And Family Law

Author by : Lisa Fishbayn Joffe
Languange : en
Publisher by : UPNE
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 272
File Size : 48,8 Mb
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Description : Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices


Reforming Family Law

Author by : Dörthe Engelcke
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 819
File Size : 54,7 Mb
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Description : As the only area of law that is still commonly termed 'Islamic law', family law is one of the most sensitive and controversial legal areas in all Muslim-majority countries. Morocco and Jordan both issued new family codes in the 2000s, but there are a number of differences in the ways these two states engaged in reform. These include how the reform was carried out, the content of the new family codes, and the way the new laws are applied. Based on extensive fieldwork and rich in sources, this book examines why these two ostensibly similar semi-authoritarian regimes varied so significantly in their engagement with family law. Drthe Engelcke demonstrates that the structure of the legal systems, shaped by colonial policies, had an effect on how reform processes were carried out as well as the content and the application of family law.


Women S Rights And Islamic Family Law

Author by : Lynn Welchman
Languange : en
Publisher by : Zed Books
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 467
File Size : 41,8 Mb
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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.


Iss 15 Family Law And Australian Muslim Women

Author by : Anonim
Languange : en
Publisher by : Melbourne Univ. Publishing
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 758
File Size : 43,9 Mb
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Description : This book is a collection of essays that aims to identify the multitude of ways in which Australian Muslim women negotiate both Australian Family Law and Islamic Family Law in the key areas of marriage, divorce, child custody, property settlement and inheritance. The book also seeks to provide a timely and significant insight into the carious legal, cultural and social processes that Australian Muslim women use when disputes in these key areas arise.


Women The Koran And International Human Rights Law

Author by : Niaz A. Shah
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 499
File Size : 47,5 Mb
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Description : Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through "Ijtihad": independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women's human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women's human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women's human rights into reality.


Muslim Women S Rights

Author by : Tabassum Fahim Ruby
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 451
File Size : 52,7 Mb
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Description : In the post-9/11 environment, the figure of the Muslim woman is at the forefront of global politics. Her representation is often articulated within a rights discourse owing much to liberal-secular sensibilities—notions of freedom, equality, rational thinking, individualism, and modernization. Muslim Women’s Rights explores how these liberal-secular sensibilities inform, shape, and foreclose public discussion on questions of Islam and gender. The book draws on postcolonial, antiracist, and transnational feminist studies in order to analyze public and legal debates surrounding proposed shari‘ah tribunals in Canada. It examines the cultural and epistemological suppositions underlying common assumptions about Islamic laws; explores how these assumptions are informed by the Western progress narrative and women’s rights debates; and asks what forms of politics these enable and foreclose. The book assesses the influence of secularism on the ontology, epistemology, and ethics afforded to Islam in the West, and begins to trace possibilities by which Islamic family law might be productively addressed on its own terms. Muslim Women’s Rights is a significant contribution to the fields of both Islam and gender and the critical study of secularism.


Humanizing The Sacred

Author by : Azza Basarudin
Languange : en
Publisher by : University of Washington Press
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 219
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Description : In recent years, global attention has focused on how women in communities of Muslims are revitalizing Islam by linking interpretation of religious ideas to the protection of rights and freedoms. Humanizing the Sacred demonstrates how Sunni women activists in Malaysia are fracturing institutionalized Islamic authority by generating new understandings of rights and redefining the moral obligations of their community. Based on ethnographic research of Sisters in Islam (SIS), a nongovernmental organization of professional women promoting justice and equality, Basarudin examines SIS members' involvement in the production and transmission of Islamic knowledge to reformulate legal codes and reconceptualize gender discourses. By weaving together women's lived realities, feminist interpretations of Islamic texts, and Malaysian cultural politics, this book illuminates how a localized struggle of claiming rights takes shape within a transnational landscape. It provides a vital understanding of how women "live" Islam through the integration of piety and reason and the implications of women's political activism for the transformation of Islamic tradition itself.


Women And Muslim Family Laws In Arab States

Author by : Lynn Welchman
Languange : en
Publisher by : Amsterdam University Press
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 781
File Size : 51,7 Mb
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Description : 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.


Feminist Activism Women S Rights And Legal Reform

Author by : Mulki Al Sharmani
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 967
File Size : 47,8 Mb
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Description : This ground-breaking collection investigates the relationship between feminist activism and legal reform as a pathway to gender justice and social change. Since the advent of feminist movements legal reform has been a popular and yet contentious vehicle for seeking women's rights and empowerment. This important book looks at comparative insights drawn from field-based research on the processes, the challenges, and the outcomes of legal reform and feminist activism. Feminist Activism, Women's Rights, and Legal Reform brings together cases from Middle East, Latin America, and Asia of the successes and failures of reform efforts concerning the promulgation and implementation of new family laws and domestic violence codes.


Islam Gender And Social Change

Author by : Yvonne Yazbeck Haddad
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 890
File Size : 49,7 Mb
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Description : For several decades, the Muslim world has experienced a religious resurgence. The reassertion of Islam in personal and political life has taken many forms, from greater attention to religious practice to the emergence of Islamic organizations, movements, and institutions. One of the most controversial and emotionally charged aspects of this revival has been its effect on women in Muslim societies. The essays collected in this book place this issue in its historical context and offer case studies of Muslim societies from North Africa to Southeast Asia. These fascinating studies shed light on the impact of the Islamic resurgence on gender issues in Iran, Egypt, Jordan, Pakistan, Oman, Bahrain, the Philippines, and Kuwait. Taken together, the essays reveal the wide variety that exists among Muslim societies and believers, and the complexity of the issues under consideration. They show that new things are happening for women across the Islamic world, and are in many cases being initiated by women themselves. The volume as a whole militates against the stereotype of Muslim women as repressed, passive, and without initiative, while acknowledging the very real obstacles to women's initiatives in most of these societies.


Women S Rights And Religious Law

Author by : Fareda Banda
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 646
File Size : 49,9 Mb
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Description : The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.


North African Women After The Arab Spring

Author by : Larbi Touaf
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 921
File Size : 40,6 Mb
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Description : This book looks with hindsight at the Arab Spring and sheds light on the debates it triggered within North African societies and the alarming developments in women’s rights. Although women played a key role in the success of the uprisings that wiped out long ruling oligarchies across the region, they remain excluded from decision-making circles and the formal political and electoral apparatus. Women's rights are written off constitution drafts, and issues of gender equality are hardly addressed. The chapters that compose this volume present research and reflections from different perspectives to help the reader get a better picture of the profound turmoil that beset this part of the so-called “Arab” World. Adopting an interdisciplinary perspective, the contributors discuss a host of questions related to women and gender in the Arab world and address the broader question of why women's efforts and momentum during the revolution did not seem to pay off the same way they did for men. This book provides an assessment of the situation from the inside. It is intended to help the general public as well as the academic world comprehend the significance of what is going on in this key part of the Islamic World.


Promoting Women S Rights In Islamic Law In A Non Muslim State Israel

Author by : Ahmad Natour
Languange : en
Publisher by : Rowman & Littlefield
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 656
File Size : 54,8 Mb
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Description : Promoting Women's Rights in Islamic Law describes the mechanism of renewal in Islamic law , followed by the main reforms in various areas of the family law; marriage, divorce, the right of wives to dissolve their unsuccessful marriage, paternity, maintenance of wives and children support.


Encyclopedia Of Women And Islamic Cultures

Author by : Suad Joseph
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 765
File Size : 53,6 Mb
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Description : Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.


Family Law

Author by : Flavia Agnes
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 922
File Size : 50,9 Mb
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Description : Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 1 examines: the evolution of the personal laws of Hindus, Muslims, Christians, Parsis, and Jews during the colonial and postcolonial periods; how these laws are applied in contemporary questions of marriage, divorce, property rights, and succession; and whether it is possible to bring the law in conformity with modern changes through and in both the formal, and statutory law and the pluralistic and fluid community-based practices. It also extensively examines the role of the judiciary, the political and academic debates around the issue of uniform civil code, and women's citizenship claims in a stratified and hierarchical social order.


Feminist Activism Women S Rights And Legal Reform

Author by : Mulki Al Sharmani
Languange : en
Publisher by : Zed Books Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 503
File Size : 44,6 Mb
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Description : This ground-breaking collection investigates the relationship between feminist activism and legal reform as a pathway to gender justice and social change. Since the advent of feminist movements legal reform has been a popular and yet contentious vehicle for seeking women’s rights and empowerment. This important book looks at comparative insights drawn from field-based research on the processes, the challenges, and the outcomes of legal reform and feminist activism. Feminist Activism, Women's Rights, and Legal Reform brings together cases from Middle East, Latin America, and Asia of the successes and failures of reform efforts concerning the promulgation and implementation of new family laws and domestic violence codes.


The Oxford Handbook Of Islamic Law

Author by : Anver M. Emon
Languange : en
Publisher by : Oxford Handbooks in Law
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 100
File Size : 49,5 Mb
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Description : This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an idealintroduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate thecontested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.


Conservative Islam

Author by : Erich Kolig
Languange : en
Publisher by : Rowman & Littlefield
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 841
File Size : 55,5 Mb
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Description : Conservative Islam: A Cultural Anthropology by Erich Kolig analyzes the salient characteristics of Islam and contemporary Muslim society from the perspective of traditional cultural anthropology. By highlighting socio-cultural configurations, the universals they represent, the circumstances of their creation, and their semiotic meaning, Kolig helps the reader gain understanding of Islam in the modern world.


Modern Challenges To Islamic Law

Author by : Shaheen Sardar Ali
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 784
File Size : 50,5 Mb
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Description : This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.


Gender And Equality In Muslim Family Law

Author by : Lena Larsen
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 908
File Size : 52,7 Mb
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Description : Dante is one of the towering figures of medieval European literature. Yet many riddles and questions about him persist. By re-reading Dante with an open mind, Barbara Reynolds made remarkable discoveries and unlocked previously hidden secrets about this greatest of Florentine poets. A fundamental enigma has tantalised readers of the 'Commedia' for seven centuries. Who was the leader prophesied by Virgil and Beatrice to bring peace to the world? Many attempts have been made to identify him, but none has seemed conclusive - until now. As well as proposing a solution to the famous prophecies, this lively, engaging and elegantly-written biography contains a provocative new idea in virtually every chapter. Dr Reynolds' research indicates that Dante smoked cannabis to reach new heights of creativity. That Beatrice, Dante's great love, was not who most scholars think she was. That Dante was a talented public speaker, who created a quite new form of poetic art, holding audiences spellbound. Above all, Reynolds views Dante as one of the greatest spin-doctors of Western civilization. His aim was not to preach an interesting parable about punishments for sin and rewards for virtue. It was to use poetry to change the politics of the age, and unite Europe around the secular authority of an Emperor. To promote this idea, which dominated his writings from his exile onwards, Dante combined it with a dramatic presentation of the Christian belief in Hell, Purgatory and Heaven. Vividly told in the first person, with a colour and immediacy derived from the pop art of street narrators - now made to seem respectable by its use of classical predecessors like Virgil - this extraordinary journey through the three realms was always profoundly political in intent. Dante here comes alive as never before: irate, opinionated, settling scores - a man of mutifaceted gifts and extraordinary genius, whose role as an interpreter of world history makes him more than ever relevant to the new millennium.


States And Women S Rights

Author by : Mounira Charrad
Languange : en
Publisher by : Univ of California Press
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 959
File Size : 43,9 Mb
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Description : At a time when the situation of women in the Islamic world is of global interest, here is a study that unlocks the mystery of why women's fates vary so greatly from one country to another. Mounira M. Charrad analyzes the distinctive nature of Islamic legal codes by placing them in the larger context of state power in various societies. Charrad argues that many analysts miss what is going on in Islamic societies because they fail to recognize the logic of the kin-based model of social and political life, which she contrasts with the Western class-centered model. In a skillful synthesis, she shows how the logic of Islamic legal codes and kin-based political power affect the position of women. These provide the key to Charrad's empirical puzzle: why, after colonial rule, women in Tunisia gained broad legal rights (even in the absence of a feminist protest movement) while, despite similarities in culture and religion, women remained subordinated in post-independence Morocco and Algeria. Charrad's elegant theory, crisp writing, and solid scholarship make a unique contribution in developing a state-building paradigm to discuss women's rights. This book will interest readers in the fields of sociology, politics, law, women's studies, postcolonial studies, Middle Eastern studies, Middle Eastern history, French history, and Maghrib studies.


Changing God S Law

Author by : Nadjma Yassari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 419
File Size : 43,6 Mb
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Description : This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 666
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Description : Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of cultivation (istithmar), whereby the qualified jurist (mujtahid), as the cultivator, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of fruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


Women S Rights In The Arab World

Author by : Anna Würth
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 850
File Size : 46,6 Mb
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Description :


Islamic Law And International Human Rights Law

Author by : Anver M. Emon
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 142
File Size : 42,8 Mb
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Description : Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.


Adjudicating Family Law In Muslim Courts

Author by : Elisa Giunchi
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 586
File Size : 40,6 Mb
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Description : 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.


Islamic Family Law

Author by : Chibli Mallat
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 725
File Size : 53,9 Mb
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Description : Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.


Muslim Family Law In Western Courts

Author by : Elisa Giunchi
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 664
File Size : 54,7 Mb
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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.