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Much of the life and ritual of the Druze in Lebanon appears mysterious to outsiders, as this esoteric sect remains closed to non-members. Lubna Tarabey, herself a member of this community, is ideally placed to offer insight into the family life, tradition and religious practices of the Druze. She looks back to the 1970s, and the start of a civil war that shattered Lebanon along confessional lines, to explore how the substantial social and political changes that have shaken the country have affected marriage and divorce practices. Family Law in Lebanon highlights the social ramficiations of this civil war, as Lebanese society divided according to sectarian affiliations, strengthening this facet of identity to the detriment of a wider 'Lebanese' identification. It was through this process that the internal cohesion and solidarity of a group such as the Druze became even more important. Thus, for generations, the Druze way of life was characterized by a high degree of 'traditional' practices and customs. Examining the development of attitudes towards marriage and divorce uncovers the extent to which these traditions are being developed, negotiated and even cast aside. Through analysis of court records, Tarabey explores established and emerging patterns of marriage choices and grounds for divorce. She thus focuses on two interconnected trajectories: one that considers the changes in these overall family patterns and another that places these changes within the legal context in which they occur, focussing on the interplay between the social and the legal. It is through this that she highlights a complex web of change and continuity, of traditional values competing with enhanced individualism and personal freedoms.
The chapters of Religion, Gender, and Family Violence: When Prayers Are Not Enough have been written from multiple disciplinary perspectives (sociology, religious studies, law) and based on research within diverse religious traditions including Christianity, Islam, and Judaism, as well as new religious movements. Similarities and differences between traditions are highlighted based on empirical research which shows how people actually deal with family violence in different contexts. This book also addresses some of the larger historical and political backgrounds that impact the experiences of family violence amongst ethno-religious minorities. The lives of religious victims and perpetrators of family violence are considered, as well as the responsibilities of religious leaders, congregations and secular professionals in addressing this widespread social problem. Contributors are: Barbara Fisher-Townsend, Pascale Fournier, Catherine Holtmann, Eve Laoun, Yael Machtinger, Farah Malek-Bakouche, Steve McMullin, Nancy Nason-Clark, Susan Nunn, Susan Palmer, Emma Robinson, Jolyne Roy, and Victoria Snyers.
Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
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.
The volume serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. It is the only book covering personal status codes of nearly a dozen countries. It covers Muslim family law in the following Middle East/north African countries: Tunisia, Egypt, Morocco, Algeria, Iraq, Lebanon, Jordan, Israel, Palestine, and Qatar. Some of these countries were heavily affected by the Arab Spring, and some were not. With authors from around the world, each chapter of the book provides a history of personal status law both before and after the revolutionary period. Tunisia emerges as the country that made the most significant progress politically and with respect to women's rights. A decade on from the Arab Spring, across the region there is more evidence of stasis than change.