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A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
This book is one of the many Islamic publications distributed by Mustafa Organization throughout the world in different languages with the aim of conveying the message of Islam to the people of the world. Mustafa Organization is a registered Organization that operates and is sustained through collaborative efforts of volunteers in many countries around the world, and it welcomes your involvement and support. Its objectives are numerous, yet its main goal is to spread the truth about the Islamic faith in general and the Shi`a School of Thought in particular due to the latter being misrepresented, misunderstood and its tenets often assaulted by many ignorant folks, Muslims and non-Muslims. Organization's purpose is to facilitate the dissemination of knowledge through a global medium, the Internet, to locations where such resources are not commonly or easily accessible or are resented, resisted and fought!
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
This book provides a look at Muslim life and institutions forming in North America. It considers the range of Islamic life in North America with its different racial-ethnic and cultural identities, customs, and religious orientations. Issues of acculturation, ethnicity, orthodoxy, and the changing roles of women are brought into focus. The authors provide insight into the lives of recent immigrants who are asking what is Islamically appropriate in a non-Muslim environment. Contrasts are drawn between Sunni and Shi'i groups, and attention is given to the activities of some Sufi organizations. The growing Islamic community among African-American Muslims is examined, including the followers of Warith Deen Muhammed and the sectarians identified with black power, such as the Nation of Islam, Darul Islam, and the Five Percenters. The authors document the challenges and issues that American Muslims face, such as prejudice and racism; pressure from overseas Muslims; dress and education; the influence of Islamic revivalism on the development of the community in this country; and the maintenance of Muslim identity amidst the pressure for assimilation.
Updated and revised with seven new chapters, a new introduction, and a new resources section, this landmark book is invaluable for women facing a custody battle. It was the first to break the myth that mothers receive preferential treatment over fathers in custody disputes. Although mothers generally retain custody when fathers choose not to fight for it, fathers who seek custody often win—not because the mother is unfit or the father has been the primary caregiver but because, as Phyllis Chesler argues, women are held to a much higher standard of parenting. Incorporating findings from years of research, hundreds of interviews, and international surveys about child-custody arrangements, Chesler argues for new guidelines to resolve custody disputes and to prevent the continued oppression of mothers in custody situations. This book provides a philosophical and psychological perspective as well as practical advice from one of the country’s leading matrimonial lawyers. Both an indictment of a discriminatory system and a call to action over motherhood under siege, Mothers on Trial is essential reading for anyone concerned either personally or professionally with custody rights and the well-being of the children involved.
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.