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Cover image for book Muslim Family Law in Western Courts

Muslim Family Law in Western Courts

By:Elisa Giunchi
Publisher:Taylor & Francis
Print ISBN:9780415819770
eText ISBN:9781317750307
Edition:1
Copyright:2014
Format:Reflowable

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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.

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