Islamic Family Law in a Changing World: A Global Resource Book

Cover
ʻAbd Allāh Aḥmad Naʻīm
Zed Books, 2002 - 320 Seiten

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law.

This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities.

This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

Inhalt

Transition
1
Historical overview of Sharia and its application4 Transition into
16
Social Cultural and Historical Background
25
Social Cultural and Historical Background
39
Legal Profiles
54
Social Cultural and Historical Background
65
Legal Profiles
76
Legal Profiles
106
Social Cultural and Historical Background
201
Legal Profiles
214
Social Cultural and Historical Background
245
Legal Profiles
261
Legal Profiles
293
106
312
149
318
187
319

Legal Profiles
164
Social Cultural and Historical Background
189

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