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Muslim Family Law in Western Courts

Durham Modern Middle East and Islamic World Series

Edited by Elisa Giunchi
Format: Paperback / softback
Publisher: Taylor & Francis Ltd, London, United Kingdom
Imprint: Routledge
Published: 14th Dec 2016
Dimensions: w 156mm h 234mm d 11mm
Weight: 308g
ISBN-10: 0415788005
ISBN-13: 9780415788007
Barcode No: 9780415788007
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Synopsis
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.

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"These two volumes [Adjudicating Family Law in Muslim Courts and Muslim Family Law in Western Courts], taken together, represent a needed contribution to the field of Islamic studies, particularly in relation to Islamic law.

"The pragmatic approach of the two volumes, taking into account the different faces of legal practices in several Muslim and Western countries, is [...] refreshing, and can provide a valuable contribution to the understanding of phenomena which are too often interpreted through the lenses of prejudices." - Luca Ozzano in Politics, Religion and Ideology