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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Gender and Divorce Law in North Africa - Sharia, Custom and the Personal Status Code in Tunisia (Hardcover, New)
Loot Price: R4,315
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Gender and Divorce Law in North Africa - Sharia, Custom and the Personal Status Code in Tunisia (Hardcover, New)
Expected to ship within 10 - 15 working days
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Personal status laws remain a highly politicized area of debate in
the Middle East, as the arena in which the contentious issues of
women's rights, religion and minority groups meet. This is
especially so when it comes to divorce. In Tunisia, with the
moderate Islamist party Ennahda winning the first elections
following the 2011 revolution, questions of religion in public life
have gained greater primacy. The country is often hailed for its
progressive personal status code, seen as an exception to the
practice in many other Muslim countries. Polygamy is banned, for
example, and in divorce cases there is gender equality. However,
Tunisia's legal system contains many gaps and leaves much room for
interpretation. Bearing in mind this importance of the role of
Islam in judicial courts, Maaike Voorhoeve investigates whether the
more progressive, and ostensibly secular, principles enshrined in
Tunisia's Personal Status Code of 1956 are in fact adhered to in
divorce cases. And if not, whether judges frequently turn to the
Sharia, custom or societal norms as their primary sources of
guidance. Through extensive research in the Tunisian courts,
Voorhoeve investigates the different types of divorce, the
arguments presented to the court and the consequent legal decisions
made. She focuses on the role of female judges, testing the
assumption that they adjudicate in a more gender-neutral way and
examining the impact they have had on Tunisian legal culture and
through this, Tunisian society. Gender and Divorce Law in North
Africa therefore sheds light on the wide-reaching debate throughout
North Africa and the Middle East concerning the role of Islam and
Sharia in the public, political, legal and private spheres. This
debate, which often pits secularists against Islamists, but is in
reality much more nuanced, is key in a variety of fields, including
Middle East studies and Islamic law.
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