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Family Law in Islam

Divorce, Marriage and Women in the Muslim World

Edited by Maaike Voorhoeve
Format: Hardback
Publisher: Bloomsbury Publishing PLC, United Kingdom
Imprint: Tauris Academic Studies
Published: 30th Mar 2012
Dimensions: w 144mm h 223mm d 25mm
Weight: 455g
ISBN-10: 184885742X
ISBN-13: 9781848857421
Barcode No: 9781848857421
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Synopsis
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.

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'Family Law in Islam, is innovative and refreshing. Not so long ago, Western studies in this field would mainly consist of comparisons between the texts of the new laws with the classical doctrines of the Sharia in order to evaluate the reforms as "progressive," or even "daring" (as in the case of Tunisia), or "conservative." This book is not judgemental but instead focuses on practice (including local discourses as a practice), rather than on cultural or religious suppositions. If Islam plays a role in their analysis, it is because practitioners and litigants use it themselves as a concept, and not because family law is a priori regarded as inherently Islamic. This volume addresses family law issues in six MENA countries from a variety of perspectives and methodological approaches and deals with the latest developments. A must-read for those interested in the law and the gender issues in the Middle East.' Ruud Peters, Professor of Arabic and Islamic Studies, Faculty of Humanities, University of Amsterdam