This book is a collection of essays that aims to identify the multitude of ways in which Australian Muslim women negotiate both Australian Family Law and Islamic Family Law in the key areas of marriage, divorce, child custody, property settlement and inheritance. The book also seeks to provide a timely and significant insight into the various legal, cultural and social processes that Australian Muslim women use when disputes in these key areas arise.
This book is a collection of essays that aims to identify the multitude of ways in which Australian Muslim women negotiate both Australian Family Law and Islamic Family Law in the key areas of marriage, divorce, child custody, property ...
Islam generally and the Muslim family in particular have become highly politicized sites of contestation. This book focuses on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, and the implications this has for British multiculturalism. The book also includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (Shari’a) in family law matters, and the associated role of Shari’a councils, in a British context.
This book focuses on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, and the implications this has for British ...
In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system.
Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal ...
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.
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 ...
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 ...
