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Debates over family law are a sensitive subject in the Muslim world, revealing something of the struggle between forces of traditionalism and modernism. The highly disparate tendencies within Islamic "fundamentalism" share a desire to re-institute Shar'ia law, regarded as the last bastion of the Islamic ideal of social relations. This book probes the theory and practice of Islamic family law in the contemporary Muslim world, focusing on the dynamics of marriage and the consequences of its breakdown, and the ways in which litigants manipulate the law to resolve marital and child custody disputes.

Marriage (Islamic law) --- Marriage --- Matrimonial actions (Islamic law) --- Religious aspects --- Islam. --- Mariage --- Causes matrimoniales (Droit islamique) --- Droit islamique --- Aspect religieux --- Islam --- Family law. Inheritance law --- Iran --- Morocco

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This work focuses on the dynamics of marriage and its breakdown, as well as the way in which litigants manipulate the law in order to resolve marital disputes and child custody cases. The author shows how women can turn even the most patriarchal elements of Islamic law to their advantage. (Tauris)

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"This book looks at how fiqh, Islamic family law, is interpreted and administered in two Muslim countries. It studies the complex relationship between the classical textbooks and modern codes of personal status law which in principle are based on them, but which in fact diverge from them both in substantive law and in methods of procedure and judgment. Based on extensive fieldwork in the courts and outside, it focuses on the dynamics of marriage and the consequences of its breakdown, as well as the way litigants manipulate the law in order to resolve marital difficulties. It illustrates the interaction between Islamic law and the social construction of marriage and divorce in Iran and Morocco, showing women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims."--Bloomsbury Publishing.

Marriage (Islamic law) --- Marriage --- Matrimonial actions (Islamic law) --- Religious aspects --- Islam.

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Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law - codified and adapted by modern nation-states - that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a ground-breaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women's rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women's groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights.

Famille --- Égalité devant la loi --- Musulmanes --- Domestic relations (Islamic law) --- Equality before the law (Islamic law) --- Muslim women --- Droit islamique --- Statut juridique --- Legal status, laws, etc. --- 297.15 --- 297.15 Islam: ethiek; religieuze wetten --- Islam: ethiek; religieuze wetten --- Islamic law --- Aḥwāl al-shakhṣīyah (Islamic law) --- Islamic women --- Women, Muslim --- Women --- Legal status, laws, etc --- Women (Islamic law) --- Women in Islam. --- Familles --- Egalité devant la loi (Droit islamique) --- Femmes --- Femmes dans l'Islam --- Droit (Droit islamique) --- Droit islamique. --- Statut juridique. --- Muslimahs --- Égalité devant la loi