Download or read book European Family Law Volume I written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
Download or read book Exploring the Multitude of Muslims in Europe written by and published by BRILL. This book was released on 2018-03-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Exploring the Multitude of Muslims in Europe a number of friends and colleagues of Jørgen S. Nielsen have joined together to celebrate his life and work by reflecting his more than forty years of scholarly contributions to the study of Islam and Muslims in Europe. The fourteen articles move through conceptualisations, productions and explorations of the multitudes of Muslims in Europe, and the authors draw on Jørgen S. Nielsen’s own work on the history and challenges of the Muslim community in Europe, critical thinking, ethnicities and theologies of Muslims in Europe, Muslim minorities, Muslim-Christian relations, and on Islamic legal challenges in Europe. Contributors are: Samim Akgönül, Ahmet Alibašić, Naveed Baig, Safet Bektovic, Mohammed Hashas, Thomas Hoffmann, Hans Raun Iversen, Göran Larsson, Werner Menski, Egdūnas Račius, Lissi Rasmussen, Mathias Rohe, Emil B. H. Saggau, Jakob Skovgaard-Petersen, Thijl Sunier, and Niels Valdemar Vinding.
Download or read book Private International Law written by Sai Ramani Garimella and published by Springer. This book was released on 2017-01-19 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
Download or read book Family Religion and Law written by Prakash Shah and published by Routledge. This book was released on 2016-04-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
Download or read book Islam and English Law written by Robin Griffith-Jones and published by Cambridge University Press. This book was released on 2013-04-11 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should England adopt shari'a law? Does Islam threaten British ideals? Lawyers, theologians and sociologists provide here a constructive, forward-looking dialogue.
Download or read book Women s Rights and Religious Law written by Fareda Banda and published by Routledge. This book was released on 2016-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
Download or read book Gender Perspectives in Private Law written by Gabriele Carapezza Figlia and published by Springer Nature. This book was released on 2023-02-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
Download or read book Old and New Islam in Greece written by Konstantinos Tsitselikis and published by Martinus Nijhoff Publishers. This book was released on 2012-05-25 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an interdisciplinary look at Greece’s Muslim minority and migrant communities, this book provides an exhaustive legal analysis of regulations and broadens our understanding of the political management of ethnic and religious otherness, while placing these phenomena in historical context.
Download or read book Adjudicating Family Law in Muslim Courts written by Elisa Giunchi and published by Routledge. This book was released on 2013-12-04 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
Download or read book Embedding Mahr Islamic Dower in the European Legal System written by Rubya Mehdi and published by Djoef Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and migration have served to make European societies multicultural to an unprecedented extent, but they have also increasingly brought multicultural life into the courtrooms and administrative institutions. However, there remains a lack of in-depth research investigating particular issues of Muslim family law and how these interact with society on an unofficial level, as well as in relation to the official legal processes. It is especially this latter aspect, i.e. how alternative norms play out in the formal courts, which is the focus of this book, with mahr as the main reference point. Ã?Â?Mahr, usually translated as dower (to distinguish it from dowry as the contribution which a bride brings to a marriage), is an amount of money or property which, in a Muslim marriage, is an obligation of the husband to the wife, and has generally been more sympathetically treated by European courts than any other aspect of Islamic family law. Mahr engages various branches of the law, such as the legal status of religion, gender equality law, family law, inheritance law, contract law, and private international law. It is a topic which functions as a prism through which much broader issues of cultural, religious, and legal pluralism can be brought together for analysis, with implications beyond the apparent narrow focus of the immediate subject.
Download or read book Kinship Islam and the Politics of Marriage in Jordan written by Geoffrey F. Hughes and published by Indiana University Press. This book was released on 2021-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Kinship, Islam, and the Politics of Marriage in Jordan, Geoffrey Hughes sets out to trace the "marriage crisis" in Jordan and the Middle East. Rapid institutional, technological, and intellectual shifts in Jordan have challenged the traditional notions of marriage and the role of powerful patrilineal kin groups in society by promoting an alternative ideal of romantic love between husband and wife. Drawing on many years of fieldwork in rural Jordan, Kinship, Islam, and the Politics of Marriage in Jordan provides a firsthand look at how expectations around marriage are changing for young people in the Middle East even as they are still expected to raise money for housing, bridewealth, and a wedding. Kinship, Islam, and the Politics of Marriage in Jordan offers an intriguing look at the contrasts between the traditional values and social practices of rural Jordanians around marriage and the challenges and expectations of young people as their families negotiate the concept of kinship as part of the future of politics, family dynamics, and religious devotion
Download or read book Global Dynamics of Shi a Marriages written by Yafa Shanneik and published by Rutgers University Press. This book was released on 2021-10-15 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together contributions of authors who engage with the marriages of Twelver Shi'a Muslims in Iran, Pakistan, Oman, Indonesia, Norway, and the Netherlands. With the wide geographical spread, the book offers the first comparative study of the diverse ways in which Shi'a Muslims enter into marriage.
Download or read book Islamic Law in Europe written by Andrea Büchler and published by Routledge. This book was released on 2016-05-06 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Download or read book Muslim Marriage and Non Marriage written by Julie McBrien and published by Leuven University Press. This book was released on 2023-11-09 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unconventional Muslim marriages have been topics of heated public debate. Around the globe, religious scholars, policy makers, political actors, media personalities, and women’s activists discuss, promote, or reject unregistered, transnational, interreligious and other boundary-crossing marriages. Couples entering into such marriages, however, often have different concerns from those publicly discussed. Based on ethnographic research in Europe, the Middle East, North Africa and Asia, the chapters of this volume examine couples’ motivations for, aspirations about, and abilities to enter into these marriages. The contributions show the diverse ways in which such marriages are concluded, and inquire into how they are performed, authorized or contested as Muslim marriages. These marriages may challenge existing ties of belonging and transform boundaries between religious and other communities, but they may also, and sometimes simultaneously, reproduce and solidify them. Building on insights from different disciplines, both from the social sciences (anthropology, political science, gender and sexuality studies) and from the humanities (history, Islamic legal studies, religious studies), the authors address a wide range of controversial Muslim marriages (unregistered, interreligious, transnational, etc.), and include the views of religious scholars, state authorities, and political actors and activists, as well as the couples themselves, their families, and their wider social circle.
Download or read book Poverty and Wealth in Judaism Christianity and Islam written by Nathan R. Kollar and published by Springer. This book was released on 2016-07-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers scholars from the three major monotheistic religions to discuss the issue of poverty and wealth from the varied perspectives of each tradition. It provides a cadre of values inherent to the sacred texts of Jews, Christians, and Muslims and illustrates how these values may be used to deal with current economic inequalities. Contributors use the methodologies of religious studies to provide descriptions and comparisons of perspectives from Judaism, Christianity, and Islam on poverty and wealth. The book presents citations from the sacred texts of all three religions. The contributors discuss the interpretations of these texts and the necessary contexts, both past and present, for deciphering the stances found there. Poverty and Wealth in Judaism, Christianity, and Islam identifies and details a foundation of common values upon which individual and institutional decisions may be made.
Download or read book Divorce in Transnational Families written by Iris Sportel and published by Springer. This book was released on 2016-10-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.
Download or read book Muslim Women and Shari ah Councils written by S. Bano and published by Springer. This book was released on 2012-11-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
