Adjudicating Family Law in Muslim Courts

Edited by Elisa Giunchi

© 2013 – Routledge

192 pages

Purchasing Options:
Hardback: 9780415811859
pub: 2013-11-19
US Dollars$160.00

About the Book

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 Elisa Giunchi 2. Shari‘a Courts and Muslim Family Law in Lebanon Morgan Clarke 3. The Application of Muslim Personal Law in India: A system of legal pluralism in action Sylvia Vatuk 4. Family Law in Pakistan: Using the secular to influence the religious Nausheen Ahmed 5. The Enforcement of Personal Status Law by Egyptian Courts Monika Lindbekk 6. Courts and Reform of Personal Status Law in Egypt: Access to judicial divorce for injury and polygamy Nathalie Bernard-Maugiron 7. The Potential Within: Adjudications on shiqaq (discord) divorce by Moroccan judges Fatima Sadiqa 8. Family Law in Post Revolutionary Iran: Closing the doors of ijtihad? Anna Vanzan 9. Islamic family Law in Secular Turkish Courts Ihsan Yilmaz

About the Editor

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

About the Series

Durham Modern Middle East and Islamic World Series

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Subject Categories

BISAC Subject Codes/Headings:
SOCIAL SCIENCE / Ethnic Studies / General