The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain
The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain

Author: Samia Bano

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781003090410

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In February 2018, the Independent Review on Sharia Law in England and Wales' was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women's activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate outside the sphere of law and legal relations' but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.

The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain
The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain

Author: Samia Bano

Publisher: Taylor & Francis

Published: 2023-02-01

Total Pages: 125

ISBN-13: 1000863913

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In February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.

Muslim Family Law in Western Courts
Muslim Family Law in Western Courts

Author: Elisa Giunchi

Publisher: Routledge

Published: 2014-03-26

Total Pages: 212

ISBN-13: 1317750314

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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.

Relationships Rights and Legal Pluralism
Relationships Rights and Legal Pluralism

Author: Mateusz Stępień

Publisher: Taylor & Francis

Published: 2024-08-01

Total Pages: 228

ISBN-13: 1040100953

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This interdisciplinary book brings together leading social and legal scholars to tackle the incompatibility of marriage laws with contemporary social reality in Europe. Their critique is based on the assumption that individuals should be able to choose how they organise their close relationships. The contributors emphasise the importance of pluralism of beliefs, values, cultures, and lifestyles and the consequent need for legal recognition to make individuals' private choices valid and respected. The first part of the book establishes the foundation for the subsequent chapters by exploring the advantages and challenges of focusing on values while accommodating relationship design plurality, the impact of the European Court of Human Rights on the issue, and the transformation of the institution of marriage. The second part presents different legal responses to non-state marriages, particularly religious marriages among Muslim communities, and proposals for reform. The third part of the book features empirical research on the marital experiences of two communities: Muslims and migrants. The chapters concentrate on polygyny among female converts to Islam, the importance of religious knowledge for practising Muslim women in securing rights in their marital relationships, transnational and interreligious marriages, and the impact of acculturative orientation and position in the dual labour market on the choice of life partner among Polish migrant women. The book will be of interest to academics, researchers, and policymakers working in the areas of human rights law, family law, legal anthropology, law and religion, socio-legal studies, feminism and queer studies, and sociology of family.

On British Islam
On British Islam

Author: John R. Bowen

Publisher: Princeton University Press

Published: 2016-03-15

Total Pages: 288

ISBN-13: 0691158541

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On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context. Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims' needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment. On British Islam highlights British Muslims' efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.

Belief in Marriage
Belief in Marriage

Author: Rebecca Probert

Publisher: Policy Press

Published: 2023-04-28

Total Pages: 149

ISBN-13: 1529230497

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EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In principle, couples getting married in England and Wales can choose to do so in a way that reflects their beliefs. In practice, the possibility of doing so varies considerably depending on the religious or non-religious beliefs they hold. To demonstrate this divergence, this book draws on the accounts of 170 individuals who had, or led, a wedding ceremony outside the legal framework. The authors examine what these ceremonies can tell us about how couples want to marry, and what aspects of the current law preclude them from doing so. This new evidence shows how the current law does not reflect social understandings of what makes a wedding meaningful. As recommended by the Law Commission, reform is urgently needed.

Contemporary British Muslim Arts and Cultural Production
Contemporary British Muslim Arts and Cultural Production

Author: Sadek Hamid

Publisher: Taylor & Francis

Published: 2023-06-01

Total Pages: 93

ISBN-13: 1000916200

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This unique collaboration between scholars, practitioners and Muslim artists profiles emerging forms of contemporary British Muslim art, prompting a debate about its purpose and its inclusion in UK society. It features analysis of Muslim art as a category, as well as reflective accounts of people working in theatre, popular music, the heritage sector and ancient and modern visual arts, often at the margins of the British arts industry. Dealing with sociological and theological themes as well as art history and practice, the volume provides a timely intervention on a neglected topic. The collection discusses diverse topics including how second- and third-generation British Muslims, as part of a broader generational shift, have reworked Sufi music and traditional calligraphy and fused them with new musical and artistic styles, from Grime to comic book art, alongside consideration of the experiences of Muslim artists who work in the theatre, museums and the performing arts sectors. It is a must-read for students and researchers of theology and religious studies, Islamic studies, fine art, cultural studies and ethnic and racial studies.

Islam in South Asia in Practice
Islam in South Asia in Practice

Author: Barbara D. Metcalf

Publisher: Princeton University Press

Published: 2009-09-08

Total Pages: 505

ISBN-13: 1400831385

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This volume of Princeton Readings in Religions brings together the work of more than thirty scholars of Islam and Muslim societies in South Asia to create a rich anthology of primary texts that contributes to a new appreciation of the lived religious and cultural experiences of the world's largest population of Muslims. The thirty-four selections--translated from Arabic, Persian, Urdu, Bengali, Tamil, Gujarati, Hindavi, Dakhani, and other languages--highlight a wide variety of genres, many rarely found in standard accounts of Islamic practice, from oral narratives to elite guidance manuals, from devotional songs to secular judicial decisions arbitrating Islamic law, and from political posters to a discussion among college women affiliated with an "Islamist" organization. Drawn from premodern texts, modern pamphlets, government and organizational archives, new media, and contemporary fieldwork, the selections reflect the rich diversity of Islamic belief and practice in South Asia. Each reading is introduced with a brief contextual note from its scholar-translator, and Barbara Metcalf introduces the whole volume with a substantial historical overview.

The Ethics of Karbala
The Ethics of Karbala

Author: Cyrus Ali Zargar

Publisher: Taylor & Francis

Published: 2024-07-11

Total Pages: 112

ISBN-13: 1040115713

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The Ethics of Karbala investigates the relationship between sacred narratives and the development of character. Focusing on the warrior ethos expressed in accounts of the Battle of Karbala, Zargar searches for the place of the martial virtues in modern life and warfare. This book is the first of its kind in taking a virtue ethics approach to the study of Islamic history. It offers an ethical analysis of arguably the most pivotal moment in Islamic history. To do so, it makes use of interdisciplinary methods, especially global philosophy and religious studies, and draws on philosophical concepts spanning from Nietzsche to Iqbal. The book’s clear and engaging prose makes it accessible to readers seeking a profound understanding of intersections between practical philosophy and religious myths. This book targets upper-level undergraduate readers seeking to discover Islamic ethics. It will serve nonspecialists, specialists in Shiʿi Islamic studies, and all those interested in Islamic ethics, virtue ethics, cross-cultural philosophy, Nietzsche studies, military science, and religious studies.

Land, Law and Islam
Land, Law and Islam

Author: Hilary Lim

Publisher: Zed Books Ltd.

Published: 2013-07-18

Total Pages: 247

ISBN-13: 1848137206

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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.