This Nutshell discusses the manner in which Islamic law is applied and adjudicated in modern states. This includes the enactment of legislation derived from Islamic law, the drafting of contracts to comply with Islamic law, and the adjudication of Islamic law disputes in courts in Muslim and non-Muslim majority nations, including the United States. Subject areas include family law, inheritance law, Islamic finance, criminal law, constitutional law, and Islamic law.
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
"Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community." --
This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework.
This thesis appraises the overall procedural law in disposal of divorce cases on the grounds of ta'liq and fasakh in the Syariah Court in Malaysia. The study works on the premise that despite the presence of the provisions in current relevant Enactments, there are still loopholes and drawbacks in implementing the procedural law that cause delay in disposing divorce cases on the grounds of ta'liq and fasakh. In appraising the efficacy of the existing laws and implementation of it, an empirical research was conducted utilizing a qualitative method apart from conducting library research. The data obtained from several interviews with few personnel such as Chief Syarie Judge, Syarie Judge of the Lower Court, Syarie Lawyers and Assistant Registrar to identify the issues and problems in implementing procedural law in disposing divorce cases under the grounds of ta'liq and fasakh in the Syariah Court. The unreported files from five (5) Syariah Courts representing five (5) states were examined to identify the implementation of procedural law in disposing ta'liq and fasakh cases. To further support the data obtained from interviews and content analysis of the unreported files, the observation was also conducted to see the actual proceedings in court for ta'liq and fasakh. The comparative study is adopted namely Singapore and Morocco on the procedural law relating to the application of ta'liq and fasakh. The purpose is to see the contemporary practices and to observe best practices in disposing divorce cases under the grounds of ta'liq and fasakh. The study proves that Syariah Court procedures in disposal of divorce cases under the ground of ta'liq and fasakh are comprehensive as far as the substantive and procedural law is concerned. However, there are rooms for improvement in the context of implementation of certain provisions such as service of summons where there are inconsistencies in actual practice especially in the absence of standard operating procedure. These inconsistencies contribute to the delay in the proceeding for ta'liq and fasakh cases in the Syariah Court in Malaysia.
The study works on the premise that despite the presence of the provisions in current relevant Enactments, there are still loopholes and drawbacks in implementing the procedural law that cause delay in disposing divorce cases on the grounds ...
This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
regarding the genuineness/correctness of the nikahnama (contract of marriage),
it is a well settled principle of Islamic jurisprudence that the benefit of the doubt
should go to the accused. Qazf liable to tazir could not standbecause the ...
