While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
Table of Contents
1. From jurists’ ijtihad to neo-judicial ijtihad: some introductory remarks 2. Shari‘a courts and Muslim family law in Lebanon 3. The application of Muslim personal law in India: a system of legal pluralism in action 4. Family law in Pakistan: using the secular to influence the religious 5. The enforcement of personal status law by Egyptian courts 6. Courts and reform of personal status law in Egypt: Access to judicial divorce for injury and polygamy 7. The potential within: adjudications on shiqaq (discord) divorce by Moroccan judges 8. Family law in post revolutionary Iran. Closing the doors of ijtihad? 9. Islamic family law in secular Turkish courts
Elisa Giunchi is an Assistant Professor of History and Institutions of Muslim Countries at the University of Milan, Italy.
"These two volumes [Adjudicating Family Law in Muslim Courts and Muslim Family Law in Western Courts], taken together, represent a needed contribution to the field of Islamic studies, particularly in relation to Islamic law.
“The pragmatic approach of the two volumes, taking into account the different faces of legal practices in several Muslim and Western countries, is […] refreshing, and can provide a valuable contribution to the understanding of phenomena which are too often interpreted through the lenses of prejudices.” - Luca Ozzano in Politics, Religion and Ideology