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 |
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
Title | Muslim Family Law in Western Courts PDF eBook |
Author | Elisa Giunchi |
Publisher | Routledge |
Pages | 235 |
Release | 2014-03-26 |
Genre | Social Science |
ISBN | 1317750306 |
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.
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 |
Islamic Marriage and Divorce Laws of the Arab World
Title | Islamic Marriage and Divorce Laws of the Arab World PDF eBook |
Author | Dawoud El-Alami |
Publisher | BRILL |
Pages | 295 |
Release | 2023-12-18 |
Genre | Law |
ISBN | 9004634975 |
Whilst other works exist which examine the Islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in the Arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries.
Marriage on Trial
Title | Marriage on Trial PDF eBook |
Author | Ziba Mir-Hosseini |
Publisher | Bloomsbury Publishing |
Pages | 266 |
Release | 2000-09-22 |
Genre | Social Science |
ISBN | 085771998X |
Taking an inter-disciplinary approach which straddles law, anthropology sociology and women's studies, Mir-Hosseini shows how women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.
Modern Muslim Marriage
Title | Modern Muslim Marriage PDF eBook |
Author | Suzy Ismail |
Publisher | Amana Books |
Pages | 156 |
Release | 2012 |
Genre | Religion |
ISBN | 9781590080719 |
Muslim Family Law in Western Courts
Title | Muslim Family Law in Western Courts PDF eBook |
Author | Elisa Giunchi |
Publisher | Routledge |
Pages | 212 |
Release | 2014-03-26 |
Genre | Social Science |
ISBN | 1317750314 |
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.