Download or read book On Sharia in American Family Law written by Joshua Carback and published by . This book was released on 2018 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of group identity are ubiquitous in today's globalized world. The determination as to what values should define national identity, in turn, has important legal implications. The law should conserve values which comprise the social fabric, the natural constitution binding society together. The influence of extra-civilizational values and legal norms can be problematic in that context. Family law is a critical component of public order; disruption of a society's legal norms regulating the family is disruptive to the social fabric as a whole. Islamic legal norms can cause such disruption. The application of Islamic law does occur in the United States and occasionally manifests in family law specifically. This Article argues that Islamic law is largely incompatible with the fundamental principles of the Western legal tradition. Consequently, state legislatures and the judiciary should engage in what the author terms emulsion: the assimilation of migrants from societies outside the compass of Western civilization into the social fabric of the United States through legal measures tailored to accomplish that task. Courts should not recognize agreements or decisions made by Islamic alternative dispute resolution bodies made pursuant to Islamic law when adjudicating family disputes when those agreements or decisions fail secular standards. The incorporation of Islamic law into adjudication of family law disputes or review of decisions of Islamic alternative dispute resolution bodies would otherwise require judges to engage in theological inquiries outside of their competence in violation of the Religious Question Doctrine and the Establishment Clause. This Article calls for scholars to empirically examine the efficacy and equity of Islamic alternative dispute resolution mechanisms. It also recommends that additional scholarship examine the intersection between religious law, the courts, public policy, and the First Amendment.
Download or read book Family Law in Islam written by Maaike Voorhoeve and published by I.B. Tauris. This book was released on 2016-03-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book Islamic Divorce in North America written by Julie Macfarlane and published by Oxford University Press. This book was released on 2012-04-30 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.
Download or read book Islamic Family Law in a Changing World written by ʻAbd Allāh Aḥmad Naʻīm and published by Zed Books. This book was released on 2002-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
Download or read book Women s Rights and Islamic Family Law written by Lynn Welchman and published by Zed Books. This book was released on 2004-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the present-day realties of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.
Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Family Law written by Abed Awad and published by . This book was released on 2011 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Muslim Communities in North America written by Yvonne Yazbeck Haddad and published by SUNY Press. This book was released on 1994-08-04 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first in-depth look at Muslim life and institutions forming in North America. It considers the range of Islamic life in North America with its different racial-ethnic and cultural identities, customs, and religious orientations. Issues of acculturation, ethnicity, orthodoxy, and the changing roles of women are brought into focus. The authors provide insight into the lives of recent immigrants who are asking what is Islamically appropriate in a non-Muslim environment. Contrasts are drawn between Sunni and Shi'i groups, and attention is given to the activities of some Sufi organizations. The growing Islamic community among African-American Muslims is examined, including the followers of Warith Deen Muhammed and the sectarians identified with black power, such as the Nation of Islam, Darul Islam, and the Five Percenters. The authors document the challenges and issues that American Muslims face, such as prejudice and racism; pressure from overseas Muslims; dress and education; the influence of Islamic revivalism on the development of the community in this country; and the maintenance of Muslim identity amidst the pressure for assimilation.
Download or read book Islamic Family Law written by Chibli Mallat and published by BRILL. This book was released on 1990 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
Download or read book Women in Muslim Family Law written by John L. Esposito and published by Syracuse University Press. This book was released on 2001-09-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of John L. Esposito's landmark book expands and updates coverage of family law reforms (in marriage, divorce, and inheritance) throughout the Middle East, North Africa, and South and Southeast Asia, and analyzes the diverse interpretation of Muslim family law, identifying shifts, key problems, and challenges in the twenty-first century.
Download or read book Islamic Family Law written by Raffia Arshad and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical manual in how to meet the needs of Muslim clients, the book explains basic concepts of Islamic Family Law and how the English legal system can be used to satisfy the diverse needs of Muslim clients
Download or read book Women in Muslim Family Law written by John L. Esposito and published by Syracuse University Press. This book was released on 1982 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expands and updates family law as it pertains to women with regard to marriage, divorce and inheritance throughout the Middle East.This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law reforms -- marriage, divorce, and inheritance -- throughout the Middle East, North Africa, South and Southeast Asia. Copyright © Libri GmbH. All rights reserved.
Download or read book The Development of Islamic Law and Society in the Maghrib written by David Stephan Powers and published by Routledge. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
Download or read book Applied Family Law in Islamic Courts written by Nahda Shehada and published by Routledge. This book was released on 2018-03-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Download or read book Marriage on Trial written by Ziba Mir-Hosseini and published by Bloomsbury Publishing. This book was released on 2000-09-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking an inter-disciplinary approach which straddles law, anthropology sociology and women's studies, Mir-Hosseini shows how women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.
Download or read book Women the Family and Divorce Laws in Islamic History written by Amira El-Azhary Sonbol and published by Syracuse University Press. This book was released on 1996-06-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.
Download or read book Family Law in Islam written by Maaike Voorhoeve and published by Bloomsbury Publishing. This book was released on 2012-03-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
