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Adjudicating Family Law in Muslim Courts

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.

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.

Women and Muslim Family Laws in Arab States

A Comparative Overview of Textual Development and Advocacy

A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.

... Islamic law and the challenges of modernity , ( Walnut Creek , 2004 ) pp.183-211 . - ' Modernizing Muslim family law : the case of Egypt ' , 37 Vanderbilt Journal of Transnational Law ( 2004 ) , 1043 . ' Modern family law , 1800 ...

FAMILY LAW NON-MUSLIM IN MALAYSIA: SECOND EDITION (IIUM PRESS)

The second edition of Family Law (Non-Muslims) in Malaysia is generally an improved version from the. first edition which was published ten years ago and heavily referred to by law students as a textbook. It discusses the substantive family laws related to the non-Muslims in Malaysia which are based on the Law Reform (Marriage and Divorce) Act 1976- an􀀉 several other supplementary statutes. Besides updating the previous chapters on family law matters, the book updates the global concern on the appropriate law when dealing with family related disputes in the 21st century. The new topics on reconciliation and mediation are incorporated to emphasise the need for therapeutic intervention when dealing with personal relationships and encourage kindness even in the most difficult of circumstances which can have significant longer-term consequences and lead to higher levels of considerate behaviour. The philosophy of family, love and kindness must be well embraced by family law lawyers, judges and administrators of family law in the adjudication process. The book is jointly authored by family law lecturers at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. It will benefit not only students, academics and practitioners, but also those in the legal fraternity and those who have interest in non-Muslims' family law in Malaysia. Finally, this book could not have been published without a great deal of help and encouragement from many sources.

... Islamic University Malaysia ( IIUM ) . At present , she is a Professor at the Islamic Law Department , Ahmad Ibrahim Kulliyyah of Laws , IIUM . She was the Coordinator of the IIUM Legal Clinic . She lectures on Islamic jurisprudence and ...

Women in Muslim Family Law

Second Edition

This second edition of John L. Esposito's landmark book expands and updates coverage of family law reforms (in marriage, divorce, and inheritance) throughout the Middle East, North Africa, and South and Southeast Asia, and analyzes the diverse interpretation of Muslim family law, identifying shifts, key problems, and challenges in the twenty-first century.

... Islamic Law and Its Introduction in Pakistan . Karachi : Charagh - i - Rah , 1955 . Mehdi , Rubya . The Islamization of the Law in Pakistan . Richmond , Surrey , England : Curzon , 1994 . Menski , Werner F. “ The Reform of Islamic ...

Gender and Equality in Muslim Family Law

Justice and Ethics in the Islamic Legal Tradition

Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "

Justice and Ethics in the Islamic Legal Tradition Lena Larsen, Ziba Mir-Hosseini, Christian Moe, Kari Vogt. The first is that of twentieth - century shifts , both globally and locally , in the politics of religion ... MUSLIM FAMILY LAW.

Muslim Family Law in Western Courts

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.

Elisa Giunchi. with the effect of furthering the heterogeneity of state Islamic law in those countries in which the criminal and fiscal system have been 'Islamicized'. Today, one century after Bryce and contrary to his predictions, Islamic ...

Muslim Family Law

Providing the English reader with an introductory guide to the major aspects of Islamic law, this text places particular emphasis on the tensions between Muslim and English law. It discusses the sources of Islamic law, family inheritance, and contract and commercial law

Providing the English reader with an introductory guide to the major aspects of Islamic law, this text places particular emphasis on the tensions between Muslim and English law.

Islamic Family Law in a Changing World

A Global Resource Book

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law. This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities. This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world.