Muslim family law in Western courts / edited by Elisa Giunchi.
2014
KBP540.3 .M875 2014 (Map It)
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Title
Muslim family law in Western courts / edited by Elisa Giunchi.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2014.
Call Number
KBP540.3 .M875 2014
Former Call Number
Islam 320 M974 2014
ISBN
9780415819770 (hardback)
0415819776 (hardback)
9781315796369 (ebook)
1315796368 (ebook)
0415819776 (hardback)
9781315796369 (ebook)
1315796368 (ebook)
Description
xvi, 196 pages ; 24 cm.
System Control No.
(OCoLC)858778349
Summary
"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"-- Provided by publisher.
"This book focuses on how various aspects of Islamic family law as interpreted and applied by judges in Europe, in Australia and North America. Covering a wide number of countries (Britain, France, Spain, Italy, Norway, Switzerland, the US, Canada, Australia), it uses court transcriptions and observations to discuss a number of specific issue, including how the most contentious marriage-related issues - consent and age of spouses, mahr, polygamy, divorce, and kafalah - are adjudicated"-- Provided by publisher.
"This book focuses on how various aspects of Islamic family law as interpreted and applied by judges in Europe, in Australia and North America. Covering a wide number of countries (Britain, France, Spain, Italy, Norway, Switzerland, the US, Canada, Australia), it uses court transcriptions and observations to discuss a number of specific issue, including how the most contentious marriage-related issues - consent and age of spouses, mahr, polygamy, divorce, and kafalah - are adjudicated"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Acknowledgements
ix
Notes on Contributors
x
List of Acronyms and Abbreviations
xii
Preface
xiii
1.
Muslim family law and legal practice in the West: an introduction / Elisa Giunchi
1
2.
Shari'a in the West: colonial consciousness in a context of normative competition / Prakash Shah
14
3.
Please divorce me! Subversive agency, resistance and gendered religious scripts / Pascale Fournier
32
4.
Judicial encounters with Islamic and Middle Eastern family law in Switzerland from a private international law perspective -- marriage and divorce / Amira Latif
55
5.
recognition of transnational Muslim marriages and divorces by Norwegian courts and other competent authorities: dynamics between legislation and legal practice / Katja Jansen Fredriksen
87
6.
Islamic family law in the courts: Spain's position with regard to the Moroccan Family Code / Ana Quinones Escamez
113
7.
analysis of British judicial treatment of Islamic divorces, 1997--2009 / Denise Helly
130
8.
Can there be a compromise? Australia's confusion regarding shari'a family law / Ann Black
149
9.
Islamic family law in American courts: a rich, diverse and evolving jurisprudence / Abed Awad
168
Glossary
193
Index
195