Muslim Family Law in Western Courts

By: Elisa Giunchi (Editor)

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Hardcover | 17 March 2014 | Edition Number 1

At a Glance

Hardcover
214 Pages

Dimensions(cm)
24.0 x 15.8 x 1.8

Hardcover

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This book focuses on how Islamic family law is interpreted and applied by judges in Europe, in Australia and North America. Covering a wide number of countries, it uses court transcriptions and observations to discuss a number of issues, including how the most contentious marriage-related issues - consent and age of spouses, mahr, polygamy, divorce, and kafalah - 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, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Industry Reviews

"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

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