ABSTRACT

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.

chapter 1|13 pages

Muslim family law and legal practice in the West

An introduction

chapter 2|18 pages

Shari‘a in the West

Colonial consciousness in a context of normative competition

chapter 3|23 pages

Please divorce me!

Subversive agency, resistance and gendered religious scripts*

chapter 6|17 pages

Islamic family law in the courts

Spain's position with regard to the Moroccan Family Code

chapter 8|19 pages

Can there be a compromise?

Australia's confusion regarding shari‘a family law

chapter 9|25 pages

Islamic family law in American courts

A rich, diverse and evolving jurisprudence