II THE GENEALOGY OF KABUNGSUWAN AND HIS COMING TO MAGINDANAO
; OR , THE CONVERSION OF MAGINDANAO TO ISLAM INTRODUCTION PART
1 This manuscript is a copy of the original in the possession of Datu Mastūra of ...
[ 33 . ] Fitzpatrick . See Journal of Comparative Legislation . Herklots ( G . A . ) ,
Qanoon - i - Islam ; or , The Customs of the Moosulmans of India , by Jaffur
Shurreef . 1832 . [ 212 . ] Jenks ( E . ) , Law and Politics in the Middle Ages . 1878
. ( 295 . ) ...
"Some responses, sometimes severely critical, have been addressed to Schacht's thesis. Some even accuse him of fostering a "misconception" of the position of law in Islam and of paying little attention to the Qur'anic legislation. It is no wonder, they maintain, that Schacht upholds a view which clearly deviates from the common belief of the majority of Muslims." --
"Some responses, sometimes severely critical, have been addressed to Schacht's thesis.
Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce. In Tunisia, with the moderate Islamist party Ennahda winning the first elections following the 2011 revolution, questions of religion in public life have gained greater primacy. The country is often hailed for its progressive personal status code, seen as an exception to the practice in many other Muslim countries. Polygamy is banned, for example, and in divorce cases there is gender equality. However, Tunisia's legal system contains many gaps and leaves much room for interpretation. Bearing in mind this importance of the role of Islam in judicial courts, Maaike Voorhoeve investigates whether the more progressive, and ostensibly secular, principles enshrined in Tunisia's Personal Status Code of 1956 are in fact adhered to in divorce cases. And if not, whether judges frequently turn to the Sharia, custom or societal norms as their primary sources of guidance. Through extensive research in the Tunisian courts, Voorhoeve investigates the different types of divorce, the arguments presented to the court and the consequent legal decisions made. She focuses on the role of female judges, testing the assumption that they adjudicate in a more gender-neutral way and examining the impact they have had on Tunisian legal culture and through this, Tunisian society. Gender and Divorce Law in North Africa therefore sheds light on the wide-reaching debate throughout North Africa and the Middle East concerning the role of Islam and Sharia in the public, political, legal and private spheres. This debate, which often pits secularists against Islamists, but is in reality much more nuanced, is key in a variety of fields, including Middle East studies and Islamic law--Bloomsbury Publishing.
Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce.
I have in another work traced the growth and development of the Islamic
jurisprudence , and described in some detail the character of the several schools
existing in Islam . A few remarks on this subject , however , will not be out of place
here .
