Muslim Divorce in the Middle East

Muslim Divorce in the Middle East
Author: Jessica Carlisle
Publisher: Springer
Total Pages: 162
Release: 2018-06-28
Genre: Political Science
ISBN: 3319770071

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How have Muslim marriages legally ended around the turn of the 21st century? Who has the power to initiate and resist shari‘a derived divorce? When are husbands and wives made to bear the costs of their marital breakdown? What does divorce law indicate about the development of gender regimes in the Middle East and North Africa? This book opens with a description of the historical development of Islamic divorce in the MENA. Subsequent chapters follow a Syrian male judge, a Moroccan female legal advice worker and a Libyan female judge as they deal with divorce cases in which husbands, wives, their relatives and lawyers debate gender roles in contemporary Muslim marriages. MENA ‘state feminism’ has increasingly equalized men’s and women’s access to divorce and encouraged discussions about how spouses should treat each other in marriage. The real life outcomes of these reforms have often been surprising. Moreover, as the last chapter explores, jihadi proto-states (such as Islamic State) have violently rejected state feminist divorce law reform. This accessible book will appeal to students, researchers and a general readership interested in Islamic law; Middle Eastern studies; gender and sexuality; and, legal and social anthropology.

Islamic Marriage and Divorce Laws of the Arab World

Islamic Marriage and Divorce Laws of the Arab World
Author: Dawoud El-Alami
Publisher: BRILL
Total Pages: 295
Release: 2023-12-18
Genre: Law
ISBN: 9004634975

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Whilst other works exist which examine the Islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in the Arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries.

Women, the Family, and Divorce Laws in Islamic History

Women, the Family, and Divorce Laws in Islamic History
Author: Amira El-Azhary Sonbol
Publisher: Syracuse University Press
Total Pages: 377
Release: 2020-08-03
Genre: Social Science
ISBN: 0815650477

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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.

Marriage, Money and Divorce in Medieval Islamic Society

Marriage, Money and Divorce in Medieval Islamic Society
Author: Yossef Rapoport
Publisher: Cambridge University Press
Total Pages: 154
Release: 2005-04-21
Genre: History
ISBN: 1139444816

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High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.

Women in Muslim Family Law

Women in Muslim Family Law
Author: John L. Esposito
Publisher:
Total Pages: 0
Release: 2018
Genre: Women (Islamic law)
ISBN:

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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.

The Law of the Near and Middle East

The Law of the Near and Middle East
Author: Herbert J. Liebesny
Publisher: SUNY Press
Total Pages: 330
Release: 1975-01-01
Genre: Law
ISBN: 9780873952569

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A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.

Changing God's Law

Changing God's Law
Author: Nadjma Yassari
Publisher: Routledge
Total Pages: 320
Release: 2016-06-03
Genre: Law
ISBN: 1317168631

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This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

Family Law in Islam

Family Law in Islam
Author: Maaike Voorhoeve
Publisher: Bloomsbury Publishing
Total Pages: 250
Release: 2012-03-30
Genre: Law
ISBN: 0857721275

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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."

Women in Muslim Family Law

Women in Muslim Family Law
Author: John L. Esposito
Publisher: Syracuse University Press
Total Pages: 220
Release: 2001-09-01
Genre: Law
ISBN: 9780815629085

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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.

Law and Islam in the Middle East

Law and Islam in the Middle East
Author: Daisy Hilse Dwyer
Publisher: Bloomsbury Publishing USA
Total Pages: 177
Release: 1990-09-18
Genre: Law
ISBN: 0313033676

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Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of law's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today. The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.