Durham modern Middle East and Islamic world series ; 30.
"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 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.
Formatted Contents Note
1. Muslim family law and legal practice in the West : an introduction / Elisa Giunchi 2. Shari'a in the West : colonial consciousness in a context of normative competition / Prakash Shah 3. Please divorce me! Subversive agency, resistance and gendered religious scripts / Pascale Fournier 4. Judicial encounters with Islamic and Middle Eastern family law in Switzerland from a private international law perspective marriage and divorce / Andrea Buchler and Amira Latif 5. The recognition of transnational Muslim marriages and divorces by Norwegian courts and other competent authorities : dynamics between legislation and legal practice / Katja Jansen Fredriksen 6. Islamic family law in the courts : Spain's position with regard to the Moroccan family code / Ana Quinones Escamez 7. An analysis of British judicial treatment of Islamic divorces, 1997-2009 / Al-Rahim Moosa and Denise Helly 8. Can there be a compromise? Australia's confusion regarding shari'a family law / Ann Black 9. Islamic family law in American courts : a rich, diverse and evolving jurisprudence / Abed Awad.