Islamic Marriage in Western Liberal Courts

Islamic Marriage in Western Liberal Courts
Title Islamic Marriage in Western Liberal Courts PDF eBook
Author Pascale Fournier
Publisher
Pages 652
Release 2007
Genre Conflict of laws
ISBN

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Muslim Marriage in Western Courts

Muslim Marriage in Western Courts
Title Muslim Marriage in Western Courts PDF eBook
Author Pascale Fournier
Publisher Routledge
Pages 229
Release 2016-04-29
Genre Law
ISBN 1317091124

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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.

China and Islam

China and Islam
Title China and Islam PDF eBook
Author Matthew S. Erie
Publisher Cambridge University Press
Pages 473
Release 2016-09
Genre Law
ISBN 1107053374

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This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.

Civil Democratic Islam

Civil Democratic Islam
Title Civil Democratic Islam PDF eBook
Author Cheryl Benard
Publisher Rand Corporation
Pages 89
Release 2004-03-25
Genre Political Science
ISBN 0833036203

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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.

A Geo-Legal Approach to the English Sharia Courts

A Geo-Legal Approach to the English Sharia Courts
Title A Geo-Legal Approach to the English Sharia Courts PDF eBook
Author Anna Marotta
Publisher BRILL
Pages 317
Release 2021-12-20
Genre Law
ISBN 9004473092

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A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.

Why, as a Muslim, I Defend Liberty

Why, as a Muslim, I Defend Liberty
Title Why, as a Muslim, I Defend Liberty PDF eBook
Author Mustafa Akyol
Publisher Cato Institute
Pages 296
Release 2021-09-28
Genre Religion
ISBN 1952223180

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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.

Islamic Divorce in North America

Islamic Divorce in North America
Title Islamic Divorce in North America PDF eBook
Author Julie Macfarlane
Publisher Oxford University Press
Pages 337
Release 2012-04-30
Genre Law
ISBN 0199908818

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Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.