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Muslim Family Law in Western Courts Elisa Giunchi (University of Milan, Italy)

Muslim Family Law in Western Courts By Elisa Giunchi (University of Milan, Italy)

Muslim Family Law in Western Courts by Elisa Giunchi (University of Milan, Italy)


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Muslim Family Law in Western Courts Summary

Muslim Family Law in Western Courts by Elisa Giunchi (University of Milan, Italy)

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Muslim Family Law in Western Courts Reviews

"These two volumes [Adjudicating Family Law in Muslim Courts and Muslim Family Law in Western Courts], taken together, represent a needed contribution to the field of Islamic studies, particularly in relation to Islamic law.

The pragmatic approach of the two volumes, taking into account the different faces of legal practices in several Muslim and Western countries, is [] refreshing, and can provide a valuable contribution to the understanding of phenomena which are too often interpreted through the lenses of prejudices. - Luca Ozzano in Politics, Religion and Ideology

About Elisa Giunchi (University of Milan, Italy)

Elisa Giunchi is an Assistant Professor of History and Institutions of Muslim Countries at the University of Milan, Italy.

Table of Contents

Preface 1. Muslim Family Law and Legal Practice in the West: An Introduction 2. Sharia in the West: Colonial Consciousness in a Context of Normative Competition 3. Please Divorce Me! Subversive Agency, Resistance and Gendered Religious Scripts 4. Judicial Encounters with Islamic and Middle Eastern Family Law in Switzerland from a Private International Law Perspective Marriage and Divorce 5. The Recognition of Transnational Muslim Marriages and Divorces by Norwegian Courts and Other Competent Authorities: Dynamics Between Legislation and Legal Practice 6. Islamic Family Law in the Courts: Spains Position with Regard to the Moroccan Family Code 7. An Analysis of British Judicial Treatment of Islamic Divorces, 1997 - 2009 8. Can there be a Compromise? Australia's State of Confusion Regarding Sharia Family Law 9. Islamic Family Law in American Courts: A Rich, Diverse and Evolving Jurisprudence

Additional information

NPB9780415819770
9780415819770
0415819776
Muslim Family Law in Western Courts by Elisa Giunchi (University of Milan, Italy)
New
Hardback
Taylor & Francis Ltd
2014-03-17
212
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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Customer Reviews - Muslim Family Law in Western Courts