This volume collects papers from many disciplines examining the Muslim marriage contract.
Author: Asifa Quraishi
Publisher: Islamic Legal Studies Program
It is often said that marriage in Islamic law is a civil contract, not a sacrament. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances; comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.
The Islamic Marriage Contract: Case Studies in Islamic Family Law, Harvard Series in Islamic Law (Cambridge, MA: Islamic Legal Studies Program
Distributed by Harvard University Press, 2008). QuraishiLandes, Asifa, “A
Meditation on Mahr, ...
Author: Anver M. Emon
Publisher: Oxford University Press
This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
Another recent noteworthy source is Asifa Quraishi and Frank E. Vo- gel, eds.,
The Islamic Marriage Contract: Case Studies in Islamic Family Law, Harvard Series in Islamic Law (Cambridge, MA: Islamic Legal Studies Program, Harvard
Author: Kecia Ali
Publisher: Harvard University Press
A remarkable research accomplishment. Ali leads us through three strands of early Islamic jurisprudence with careful attention to the nuances and details of the arguments.
The Islamic Marriage Contract: Case Studies in Islamic Family Law (Cambridge,
MA: Harvard Series in Islamic Law, 2009). 15. Asifa Quraishi and Najeeba Syeed
Miller, “The Muslim Family in the USA: Law in Practice.” in Women's Rights and ...
Author: Yvonne Yazbeck Haddad
Publisher: Oxford University Press, USA
Islam has been part of the increasingly complex American religious scene for well over a century, and was brought into more dramatic focus by the attacks of September 11, 2001. American Islam is practiced by a unique blend of immigrants and American-born Muslims. The immigrants have come from all corners of the world; they include rich and poor, well-educated and illiterate, those from upper and lower classes as well as economic and political refugees. The community's diversity has been enhanced by the conversion of African Americans, Latina/os, and others, making it the most heterogeneous Muslim community in the world. With an up-to-the-minute analysis by thirty of the top scholars in the field, this handbook covers the growth of Islam in America from the earliest Muslims to set foot on American soil to the current wave of Islamophobia. Topics covered include the development of African American Islam; pre- and post-WWII immigrants; Sunni, Shi`ite, sectarian and Sufi movements in America; the role and status of women, marriage, and family; and the Americanization of Islamic culture. Throughout these chapters the contributors explore the meaning of religious identity in the context of race, ethnicity, gender, and politics, both within the American Islamic community and in relation to international Islam.
Wakin, Jeanette A. (1 972) The Function of Documents in Islamic Law. The
Chapters on Sales from Tahawi's ... The Islamic Marriage Contract Case Studies
in Islamic Family Law Cambridge, Massachusetts.: Harvard University Press. 8
Author: Baudouin Dupret
Publisher: I. B. Tauris
The truth, in legal terms, is the version of "what happened" which carries most authority. This original and thought-provoking book looks at how this narrative is constructed in Muslim societies, and which truths are privileged over others in constructing it. Looking at a range of contrasting case studies, from Sharia courts to inquiries into police abuse, this book explores how ordinary stories are transformed into authoritative truths.
The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Author: Muḥammad K̲ālid Masud
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage.
Author: Dr Pascale Fournier
Publisher: Ashgate Publishing, Ltd.
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce.
7 It also enhanced women ' s rights to custody in cases where the husband as
custodial parent is unfit . ' 18 This completed the ... 116 ZIBA MIR - HOSSEINI , MARRIAGE ON TRIAL : A STUDY OF ISLAMIC Family Law , at ix ( 2d ed . 2000 ) .
The Moslem marriage between status and contract. ... 141-175. MOORS, A.
Debating women and Islamic family law: disciplinary shifts, different perspectives.
... Cambridge: Harvard University Press, 1996, pp.116-128,346-347. (The entire
... V. Islamic law of marriage and divorce and the disabled person: the case of the
epileptic wife. ... Leiden: Brill, 2000, (Brill's Series in Jewish Studies, 27), pp.257-
Author: Jacqueline Siapno
Publisher: Encyclopedia of Women & Islami
Focuses on women and the civilizations and societies in which Islam has played a historic role. Surveys all facets of life (society, economy, politics, religion, the arts, popular culture, sports, health, science, medicine, environment, and so forth) of women in these societies.
The Texas Court of Appeals case of Seth v . ... 28 The US and the UK have
erratically recognised provisions for payment of the Islamic dowry or mahr back to
a woman upon ... Islamic Marriage Contract Conference at Harvard University Law School ( January 29 - 31 , 1999 ) ( on file with the author ) . ... Article 15 ( 2 )
of the Charter of 2003 ] Islamic Family Law Principles in Common Law
1980. write for info . ( 1-56744-260-9 ) Kazi Pubns . , Inc. Bhatia , H. S. Studies in Islamic Law , Religion & Society . ... El Alami , Dawoud S. The Marriage Contract
in Islamic Law : In the Shari'ah & Personal Status Laws of Egypt & Morocco .
There already are well - established courses at Harvard , home of the Islamic Legal Studies Center , and the University of ... An entire jurisprudence has
developed in U . S . courts around the interpretation of Muslim marriage contracts
as ... Islamic law was retained primarily for family disputes , although some of its
values were incorporated into other areas of law . ... law schools in offering these courses is to combat the stereotypes proliferated by highly publicized , extreme cases : a ...
21, 79-83, a congruent case in the European reformation is discussed by Natalie
Zemon Davis, “City Women and ... Cf. John L. Esposito, Women in Muslim Family Law (Syracuse NY: Syracuse University Press, 1982), pp. ... and Stipulations in a Muslim Marriage Contract: Important Means of Protecting the Position of the
South Asian Muslim Wife. ... and David S. Powers, eds., Islamic Legal
Interpretation: Muftis and their Fatwas (Cambridge MA: Harvard University Press,
Series . Family law processes , practices , and pressures : proceedings of the
Tenth World Conference of the ... and Andreas Schonenberger — The case studies : national reporters and editors ' commentary – Synthesis and survey of
the cases and results . ... Series . MCKENDRICK , Ewan . 346 . 4 ' 2 ' 02 Contract law : text , cases , and materials / Ewan McKendrick . Oxford ; Oxford ... Harvard
University Press , 2003 . xii , 315 p . ; 21 cm . ... Studies in Islamic law and society
; v .