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

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ʻAbd Allāh Aḥmad Naʻīm
Zed Books, 2002 - Всего страниц: 320

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.

 

Избранные страницы

Содержание

Legal Profiles
164
Social Cultural and Historical Background
201
Legal Profiles
214
Social Cultural and Historical Background
245
Legal Profiles
293
149
318
243
319
281
320

Polygyny 101 Children 10I
99
Legal Profiles
106

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Стр. xiii - Library is based at the School of Oriental and African Studies of the University of London, Europe's largest institution specializing in the study of languages and cultures of Africa and Asia.
Стр. 272 - The Government of Malaysia accepts the provisions of the Convention on the Rights of the Child but expresses reservations with respect to articles 1, 2, 7, 13, 14, 15, 22, 28, 37, 40 paragraphs 3 and...
Стр. 173 - It is clear that the child's acquisition of his father's nationality is the procedure most suitable for the child and that this does not infringe upon the principle of equality between men and women, since it is customary for a woman to agree, upon marrying an alien, that her children shall be of the father's nationality.
Стр. 220 - The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Стр. 173 - Sharia's provisions whereby women are accorded rights equivalent to those of their spouses so as to ensure a just balance between them. This is out of respect for the sacrosanct nature of the firm religious beliefs which govern marital relations in Egypt and *hich may not be called in question...
Стр. 231 - Council shall be — (a) to make recommendations to the Central Government and the Provincial Governments as to means of enabling and encouraging the Muslims of Pakistan to order their lives in all respects in accordance with the principles and concepts of Islam...
Стр. 118 - With reference to Article 23 of the Covenant, and any other provision thereof to which the present reservation may be relevant, matters of personal status are governed in Israel by the religious law of the parties concerned. "To the extent that such law is inconsistent with its obligations under the Covenant, Israel reserves the right to apply that law.
Стр. ix - On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981 after the twentieth country had ratified it. By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provisions.
Стр. 272 - Malaysia interprets the provisions of this article as a reference to the prohibition of discrimination on the basis of equality between men and women only".
Стр. 225 - ... iddat period by her former husband; b) where she herself maintains the children born to her before or after the divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband...

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