Durham Medical Books > Islam > Download e-book for iPad: Family Law in Islam: Divorce, Marriage and Women in the by Maaike Voorhoeve

Download e-book for iPad: Family Law in Islam: Divorce, Marriage and Women in the by Maaike Voorhoeve

By Maaike Voorhoeve

ISBN-10: 184885742X

ISBN-13: 9781848857421

In either the West and through the Muslim international, Islamic kinfolk legislations is a hugely - and hotly - debated subject. within the Muslim international, the discussions on the middle of those debates are frequently basically considering the level to which classical Islamic kinfolk legislation could be applied within the nationwide felony approach, and the influence this has on society. Family legislations in Islam highlights those discussions through taking a look at public debates and felony perform. utilizing a number of modern examples, from polygamy to casual marriage (zawaj 'urfi), and from divorce with mutual contract (khul'), to judicial divorce (tatliq), this wide-ranging and penetrating quantity explores the influence of Islamic legislation on contributors, households, and society alike from Morocco to Egypt and from Syria to Iran. It hence comprises fabric of important value for researchers of Islamic legislation, Politics, and Society within the center East and North Africa.

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Extra resources for Family Law in Islam: Divorce, Marriage and Women in the Muslim World

Sample text

16 Such descriptions of women are reinforced by a strong egalitarianism imbued in the original Druze doctrine concerning gender relations within the community. 17 However, it is argued that the original textual egalitarianism of the Druze doctrine differs both from the 1948 law and from daily reality for Druze women within the community, for many members of which this difference is of particular concern. 18 Such daily reality is related to the structure of the communal institutions and to the maintenance of traditional social practices in the community.

2. To raise the minimum age of marriage for girls to 18 years, to enable them to continue their education and thus to help secure their future. 3. To raise the minimum age of child custody to 13 years for boys and 15 years for girls, to grant judges the authority to raise or lower the age when such action is called for in the interests of the child under guardianship, and to give the mother preference in the decision to grant custody, especially in the case of female children. 4. To ensure that should the father of a daughter die intestate or without having sons, the daughter should inherit – the current law is based on Hanafi law, which gives the paternal uncle the right to appropriate half the estate of his deceased brother.

Issues related to inheritance are the subject of Ch. 8, Articles 50–3 in the Druze family law. See Anderson 1952b: 86–7; Basile 1993: 392–7. Interview with Anissa al-Najjar, Beirut, 19 October 2007. Article 168 of the Druze family law states that ‘where someone dies without a testament, or with a will which is void, he shall distribute the estate according to the Islamic law of inheritance’; see Anderson 1952b: 93. Extract from May Abu Hamdan lecture, Beirut, 21 September 2007. Interview with Anissa al-Najjar, 19 October 2007, Beirut, Lebanon.

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Family Law in Islam: Divorce, Marriage and Women in the Muslim World by Maaike Voorhoeve

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