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Muslim Family Law in Sub-Saharan Africa

Colonial Legacies and Post-colonial Challenges

Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.

... Islamic law. Concepts of Gender in the Study of Islamic Law Approaches to Gender, Law, and Islam More often than not, popular representations of Islamic law leave the impression that women are disadvantaged by the principles embedded in ...

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 ...

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.

Women in Muslim Family Law

Expands and updates family law as it pertains to women with regard to marriage, divorce and inheritance throughout the Middle East.This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law reforms -- marriage, divorce, and inheritance -- throughout the Middle East, North Africa, South and Southeast Asia. Copyright © Libri GmbH. All rights reserved.

Expands and updates family law as it pertains to women with regard to marriage, divorce and inheritance throughout the Middle East.This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law ...

The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain

In February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.

... Islamic law is the actual experience with legal pluralism in non - Western countries specifically with its often grave political and human rights consequences.11 Also absent is clarity about the type of Islamic law being used in this so ...