Muslim Family Law in Western Courts

Herausgeber: Giunchi, Elisa

• Gebundenes Buch

Produktbeschreibung

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.

Produktdetails

• Verlag: CRC Press
• Seitenzahl: 212
• Erscheinungstermin: 17. März 2014
• Englisch
• Abmessung: 241mm x 161mm x 22mm
• Gewicht: 482g
• ISBN-13: 9780415819770
• ISBN-10: 0415819776
• Artikelnr.: 38395828

Autorenporträt

Elisa Giunchi is an Assistant Professor of History and Institutions of Muslim Countries at the University of Milan, Italy.

Inhaltsangabe

Preface 1. Muslim Family Law and Legal Practice in the West: An
Introduction 2. Shari'a in the West: Colonial Consciousness in a Context of
Normative Competition 3. Please Divorce Me! Subversive Agency, Resistance
and Gendered Religious Scripts 4. Judicial Encounters with Islamic and
Middle Eastern Family Law in Switzerland from a Private International Law
Perspective - Marriage and Divorce 5. The Recognition of Transnational
Muslim Marriages and Divorces by Norwegian Courts and Other Competent
Authorities: Dynamics Between Legislation and Legal Practice 6. Islamic
Family Law in the Courts: Spain's Position with Regard to the Moroccan
Family Code 7. An Analysis of British Judicial Treatment of Islamic
Divorces, 1997 - 2009 8. Can there be a Compromise? Australia's State of
Confusion Regarding Shari'a Family Law 9. Islamic Family Law in American
Courts: A Rich, Diverse and Evolving Jurisprudence