Read e-book online Muslim Marriage in Western Courts: Lost in Transplantation PDF

By Dr Fournier Pascale

This booklet describes and analyses the inspiration of Mahr, the Muslim customized wherein the groom has to provide a present to the bride in attention of the wedding. It explores how Western courts, in particular in Canada, the USA, France, and Germany, have approached and interpreted Mahr. even if the results of the situations supply an illustrative framework for the e-book, the point of interest is broader than just the adjudicative endeavours. The paintings explores the concept that of liberalism, which purportedly champions participants and person selection at the same time with freedom and equality. Tensions among and between those innovations, besides the fact that, unavoidably come up. The acknowledgment and exploration of those intertwined tensions types an incredible underpinning for the ebook. in the course of the research of case legislation from those 4 international locations, this examine means that transplanting Mahr from Islamic legislation right into a Western court can't be undone: it instantly turns into rooted within the nations' criminal, old, political, and social backgrounds and prospers (or fails) in different and unforeseen methods. instead of being the concept that defined by way of classical Islamic jurists, Mahr is interpreted based on wildly assorted felony constructs and ideas equivalent to multiculturalism, equity, public coverage, and gender equality. furthermore, Islamic legislations travels with a multiplicity of voices, and it's this advanced hybridity (a fragmented and disjointed Mahr) that allows you to be mediated via Western legislation. Returning to the overarching suggestion of liberalism, the booklet proposes that distributive results instead of popularity occupy critical position within the evaluate of the criminal ideas on hand to Muslim girls upon divorce.

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Muslim Marriage in Western Courts: Lost in Transplantation (Cultural Diversity and Law) by Dr Fournier Pascale

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