Islamic Divorce in North America

Islamic Divorce in North America PDF Author: Julie Macfarlane
Publisher: Oxford University Press
ISBN: 0199908818
Category : Religion
Languages : en
Pages : 336

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Book Description
Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

Islamic Divorce in North America

Islamic Divorce in North America PDF Author: Julie Macfarlane
Publisher: Oxford University Press
ISBN: 0199908818
Category : Religion
Languages : en
Pages : 336

Get Book

Book Description
Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

Islamic Divorce in North America

Islamic Divorce in North America PDF Author: Julie Macfarlane
Publisher: OUP USA
ISBN: 9780199753918
Category : Law
Languages : en
Pages : 337

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Book Description
Based on hundreds of interviews, this book describes how Muslim marriage and divorce processes are used in North America, and what they mean to North American Muslims. It maps the emergence of a western shari'a that reflects not only religious but also cultural beliefs and Islamic family values in North America.

Islamic Divorce in the Twenty-First Century

Islamic Divorce in the Twenty-First Century PDF Author: Erin E. Stiles
Publisher: Rutgers University Press
ISBN: 1978829086
Category : Religion
Languages : en
Pages : 237

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Book Description
Islamic Divorce in the 21st Century shows the wide range of Muslim experiences in marital disputes and in seeking Islamic divorces. For Muslims, having the ability to divorce in accordance with Islamic law is of paramount importance. However, Muslim experiences of divorce practice differ tremendously. The chapters in this volume discuss Islamic divorce from West Africa to Southeast Asia, and each story explores aspects of the everyday realities of disputing and divorcing Muslim couples face in the twenty-first century. The book’s cross-cultural and comparative look at Islamic divorce indicates that Muslim divorces are impacted by global religious discourses on Islamic authority, authenticity, and gender; by global patterns of and approaches to secularity; and by global economic inequalities and attendant patterns of urbanization and migration. Studying divorce as a mode of Islamic law in practice shows us that the Islamic legal tradition is flexible, malleable, and context-dependent.

Women, the Family, and Divorce Laws in Islamic History

Women, the Family, and Divorce Laws in Islamic History PDF Author: Amira El-Azhary Sonbol
Publisher: Syracuse University Press
ISBN: 9780815626886
Category : Social Science
Languages : en
Pages : 384

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Book Description
The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.

Muslim Family Law in Western Courts

Muslim Family Law in Western Courts PDF Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317750306
Category : Social Science
Languages : en
Pages : 235

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Book Description
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 Communities in North America

Muslim Communities in North America PDF Author: Yvonne Yazbeck Haddad
Publisher: SUNY Press
ISBN: 9780791420201
Category : Religion
Languages : en
Pages : 580

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Book Description
This book provides the first in-depth 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.

Encyclopedia of Muslim-American History

Encyclopedia of Muslim-American History PDF Author: Edward E. Curtis
Publisher: Infobase Publishing
ISBN: 1438130406
Category : History
Languages : en
Pages : 667

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Book Description
A two volume encyclopedia set that examines the legacy, impact, and contributions of Muslim Americans to U.S. history.

What Is an American Muslim?

What Is an American Muslim? PDF Author: Abdullahi Ahmed An-Na'im
Publisher: Oxford University Press
ISBN: 0199350736
Category : Religion
Languages : en
Pages : 224

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Book Description
Since 2001, there has been a tremendous backlash against the very idea that it is possible to be both American and Muslim-the controversy over the so-called "Ground Zero Mosque" and the attempts to ban shari'a law are examples. Even within the Muslim community many leaders urge believers to integrate more fully into the mainstream of American life. Is it possible to be both fully American and devoutly Muslim? An American citizen born and raised in the Sudan, an internationally recognized scholar of Islam, and a human rights activist, Abdullahi Ahmed An-Na'im brings a unique perspective to this crucial question. By demanding that Muslims assimilate, he argues, allies and critics alike assume that American Muslims are a monolithic bloc, a permanent minority set apart from that which is truly "American." An-Na'im wholeheartedly rejects this notion and urges Muslims to embrace their faith without fear. Islam, he argues, is one of many dimensions of identity-Muslims are also members of different ethnic groups, political parties, and social circles, not to mention husbands and wives, fathers and mothers, baseball fans and movie buffs. In short, Muslims share a vast array of identities with other Americans, but the most important identity they all share is as citizens. Muslims, An-Na'im argues, must embrace the full range of rights and responsibilities that come with American citizenship, and participate fully in civic life, while at the same time asserting their right to define their faith for themselves. They must view themselves, simply, as American citizens who happen to be Muslims. What Is an American Muslim? is a bold and provocative take on the future of Islam in America.

Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes PDF Author: Samia Bano
Publisher: Brandeis University Press
ISBN: 1512600369
Category : Law
Languages : en
Pages : 350

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Book Description
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Marriage, Money and Divorce in Medieval Islamic Society

Marriage, Money and Divorce in Medieval Islamic Society PDF Author: Yossef Rapoport
Publisher: Cambridge University Press
ISBN: 1139444816
Category : History
Languages : en
Pages : 154

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Book Description
High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.