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Muslim Family Law In Western Courts

Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317750314
Size: 62.16 MB
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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.

Lebanon And The Arab Uprisings

Author: Maximilian Felsch
Publisher: Routledge
ISBN: 1317503325
Size: 17.47 MB
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The Arab uprisings have put Lebanon under increased strain. While the revolutions in Tunisia and Egypt caused limited reverberations, the war in Syria echoed in the fine-tuned political and confessional balance of Lebanon. Over one million refugees, equal to one-quarter of Lebanon’s population, have moved in from Syria. The country’s economy and its already weak public infrastructure have been impacted heavily. Hizbullah’s engagement in Syria has posed questions about Lebanon’s disassociation policy. Terrorist attacks by ISIL and the growing risk of radicalization across the confessional spectrum have left the country at unease. However, Lebanon’s political elites have vowed to shield the country from regional turbulences. Lebanon recently saw a series of demonstrations because of the inability of the government to manage the garbage crisis, but it has been far from witnessing a large-scale citizen uprising similar to the 2005 Cedar Revolution or the revolts next door. This book provides a comprehensive overview of the current situation in Lebanon, and a detailed assessment of the difficulties which the country is currently facing.

Adjudicating Family Law In Muslim Courts

Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317964888
Size: 69.90 MB
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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.

Adjudicating Family Law In Muslim Courts

Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317964888
Size: 13.53 MB
Format: PDF, Docs
View: 6446
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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.

Men In Charge

Author: Ziba Mir-Hosseini
Publisher: Oneworld Publications
ISBN: 1780747179
Size: 69.57 MB
Format: PDF
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Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, though it varies considerably in its impact, according to both class and region. Since the late 19th century there has been a mass of literature tackling this issue, some from a feminist or human rights perspective, some taking the form of an apology for Islamic law. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition, and this book presents some important results from that research. The contributors all engage critically with two central juristic concepts, rooted in the Qur’an, that lie at the basis of this discrimination, concepts which place women under male authority. One refers to a husband’s authority over his wife, his financial responsibility towards her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, scholars from different disciplines and backgrounds, were brought together by Musawah (Arabic for equality), a global movement for equality and justice in the Muslim family, launched in 2009. Musawah aims at producing new knowledge to help build grass-roots movements and to mobilize for change.

Sharia Law Or One Law For All

Author: Denis MacEoin
Publisher: Civitas/Inst for the Study of
ISBN: 9781906837082
Size: 56.88 MB
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A report that discusses the controversy of sharia courts operating in the United Kingdom and argues against their wider use.

Land Law And Islam

Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Size: 80.81 MB
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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

China And Islam

Author: Matthew S. Erie
Publisher: Cambridge University Press
ISBN: 1316577996
Size: 10.56 MB
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China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

Islam Law And Equality In Indonesia

Author: John Richard Bowen
Publisher: Cambridge University Press
ISBN: 9780521531894
Size: 15.21 MB
Format: PDF, Kindle
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Muslims currently struggle to reconcile radically different sets of social norms and laws (including those derived from Islam, as well as contemporary ideas about gender equality and law) in Indonesia, the world's largest Muslim-majority country. John Bowen explores their struggle through archival and ethnographic research and interviews with national religious and legal figures. His book relates to debates in any society where people struggle to live together with extreme differences in values and lifestyles and is welcomed by scholars and students in all branches of the social sciences.

Transition In Afghanistan

Author: William Maley
Publisher: Routledge
ISBN: 1351389769
Size: 22.13 MB
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This book, by one of the most experienced authorities on the subject, presents a deep analysis of the very difficult current situation in Afghanistan. Covering a wide range of important subjects including state-building, democracy, war, the rule of law, and international relations, the book draws out two overarching key factors: the way in which the prevailing neopatrimonial political order has become entrenched, making it very difficult for any other political order to take root; and the hostile region in which Afghanistan is located, especially the way in which an ongoing ‘creeping invasion’ from Pakistani territory has compromised the aspirations of both the Afghan government and its international backers to move the country to a more stable position.