Family Law in Islam


Book Description

In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."




Islamic Marriage and Divorce Laws of the Arab World


Book Description

Whilst other works exist which examine the Islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in the Arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries.







Marriage, Money and Divorce in Medieval Islamic Society


Book Description

High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.







Divorcing Traditions


Book Description

Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.




Women, the Family, and Divorce Laws in Islamic History


Book Description

The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.




China and Islam


Book Description

This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.




Islamic Divorce in North America


Book Description

Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.




Conference of the Books


Book Description

Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.