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Women and Islamic Law in a Non-Muslim State - A Study Based on Decisions of the Sharl'a Courts in Israel (Hardcover)
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Women and Islamic Law in a Non-Muslim State - A Study Based on Decisions of the Sharl'a Courts in Israel (Hardcover)
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This book is methodologically unique in scholarly literature on
Muslim society. Its originality lies in the fact that the rich
material offered by the shari'a courts is given a thorough analysis
with a view to drawing conclusions about the present-day phenomena
in Arab society and processes that the society has been undergoing
in modern times.Aharon Layish examines every aspect of the social
status of Muslim women that finds expression in the shari'a courts:
the age of marriage, stipulations inserted in the marriage
contract, dower, polygamy, maintenance and obedience, divorce,
custody of the children, guardianship, and succession. Each chapter
opens with a short legal introduction based on all the sources of
law applying in shari'a courts, followed by social analyses and a
study of the attitudes and approaches of the qadis, or Muslim
religious judges. Layish examines the relationship between shari'a
and Israeli legislation: Do shari'a courts have regard to the
provisions of Israeli law? What is the relationship between shari'a
and social custom, and which is decisive in regard to Israeli
Muslim women? To what extent does Israeli law actually affect
Israeli Muslim women? What is the attitude of the qadis, toward
Israeli legislation?Women and Islamic Law in a Non-Muslim State is
an important and original study that will be of interest to
students and scholars of Islamic law, comparative law, sociology,
and modernization.
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