Justice and Beauty in Muslim Marriage

Justice and Beauty in Muslim Marriage PDF

Author: Ziba Mir-Hosseini

Publisher: Simon and Schuster

Published: 2022-11-03

Total Pages: 471

ISBN-13: 086154448X

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The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness and beauty).

Muslim Marriage in Western Courts

Muslim Marriage in Western Courts PDF

Author: Pascale Fournier

Publisher: Routledge

Published: 2016-04-29

Total Pages: 255

ISBN-13: 1317091116

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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.

Muslim Marriage and Non-Marriage

Muslim Marriage and Non-Marriage PDF

Author: Julie McBrien

Publisher: Leuven University Press

Published: 2023-11-09

Total Pages: 346

ISBN-13: 9462703817

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Unconventional Muslim marriages have been topics of heated public debate. Around the globe, religious scholars, policy makers, political actors, media personalities, and women’s activists discuss, promote, or reject unregistered, transnational, interreligious and other boundary-crossing marriages. Couples entering into such marriages, however, often have different concerns from those publicly discussed. Based on ethnographic research in Europe, the Middle East, North Africa and Asia, the chapters of this volume examine couples’ motivations for, aspirations about, and abilities to enter into these marriages. The contributions show the diverse ways in which such marriages are concluded, and inquire into how they are performed, authorized or contested as Muslim marriages. These marriages may challenge existing ties of belonging and transform boundaries between religious and other communities, but they may also, and sometimes simultaneously, reproduce and solidify them. Building on insights from different disciplines, both from the social sciences (anthropology, political science, gender and sexuality studies) and from the humanities (history, Islamic legal studies, religious studies), the authors address a wide range of controversial Muslim marriages (unregistered, interreligious, transnational, etc.), and include the views of religious scholars, state authorities, and political actors and activists, as well as the couples themselves, their families, and their wider social circle.

The Islamic Marriage Contract

The Islamic Marriage Contract PDF

Author: Asifa Quraishi

Publisher: Harvard University Press

Published: 2022-10-07

Total Pages: 390

ISBN-13: 0674292634

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It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. 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 (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide. Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

Gender and Equality in Muslim Family Law

Gender and Equality in Muslim Family Law PDF

Author: Lena Larsen

Publisher: Bloomsbury Publishing

Published: 2013-04-30

Total Pages: 347

ISBN-13: 0857733524

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Dante is one of the towering figures of medieval European literature. Yet many riddles and questions about him persist. By re-reading Dante with an open mind, Barbara Reynolds made remarkable discoveries and unlocked previously hidden secrets about this greatest of Florentine poets. A fundamental enigma has tantalised readers of the 'Commedia' for seven centuries. Who was the leader prophesied by Virgil and Beatrice to bring peace to the world? Many attempts have been made to identify him, but none has seemed conclusive - until now. As well as proposing a solution to the famous prophecies, this lively, engaging and elegantly-written biography contains a provocative new idea in virtually every chapter. Dr Reynolds' research indicates that Dante smoked cannabis to reach new heights of creativity. That Beatrice, Dante's great love, was not who most scholars think she was. That Dante was a talented public speaker, who created a quite new form of poetic art, holding audiences spellbound. Above all, Reynolds views Dante as one of the greatest spin-doctors of Western civilization. His aim was not to preach an interesting parable about punishments for sin and rewards for virtue. It was to use poetry to change the politics of the age, and unite Europe around the secular authority of an Emperor. To promote this idea, which dominated his writings from his exile onwards, Dante combined it with a dramatic presentation of the Christian belief in Hell, Purgatory and Heaven. Vividly told in the first person, with a colour and immediacy derived from the pop art of street narrators - now made to seem respectable by its use of classical predecessors like Virgil - this extraordinary journey through the three realms was always profoundly political in intent. Dante here comes alive as never before: irate, opinionated, settling scores - a man of mutifaceted gifts and extraordinary genius, whose role as an interpreter of world history makes him more than ever relevant to the new millennium.

Islam and the Instution of Marriage

Islam and the Instution of Marriage PDF

Author: Katherine Lemons

Publisher:

Published: 2023-11-17

Total Pages: 0

ISBN-13: 9781915550026

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Islam and the Institution of Marriage: Legal and Sociological Approaches is a study of Muslim marriage in modernity. The question of marriage and intimate relationships is an important site of internal contestation, as the collection demonstrates. It demands both fidelity to the tradition and its historical modes of thought and relevance to contemporary conditions. The collection of essays that make up the study engages these important and difficult questions from the perspectives of two different types of scholarship: fiqh and social science. While fiqh practitioners work with the source texts to derive new interpretations, to authorise rethinking, and thereby to create spaces of possibility for practices to change, social scientists study practices of Islam. The contributors to this volume examine challenges to fiqh posed by the contemporary by critically analysing the practices and resources available to Muslims in a range of national and historical contexts. These critical approaches will enable a wide readership to understand how Muslims engage with the assumptions and epistemologies that underpin marriage and relationships in contemporary Islamic contexts.

Islamic Divorce in North America

Islamic Divorce in North America PDF

Author: Julie Macfarlane

Publisher: OUP USA

Published: 2012-04-30

Total Pages: 337

ISBN-13: 0199753911

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Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

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