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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.
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.
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 Divorce in the 21st Century shows the wide range of Muslim
experiences in marital disputes and in seeking Islamic
divorces. For Muslims, having the ability to divorce in accordance
with Islamic law is of paramount importance. However, Muslim
experiences of divorce practice differ tremendously. The chapters
in this volume discuss Islamic divorce from West Africa to
Southeast Asia, and each story explores aspects of the everyday
realities of disputing and divorcing Muslim couples face in the
twenty-first century. The book’s cross-cultural and comparative
look at Islamic divorce indicates that Muslim divorces are impacted
by global religious discourses on Islamic authority, authenticity,
and gender;Â by global patterns of and approaches to
secularity;Â and by global economic inequalities and attendant
patterns of urbanization and migration. Studying divorce as a mode
of Islamic law in practice shows us that the Islamic legal
tradition is flexible, malleable, and context-dependent.
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