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.
Read or Download Muslim Marriage in Western Courts: Lost in Transplantation (Cultural Diversity and Law) PDF
Similar international law books
In comparison to household transactions, the hazards linked to foreign revenues are drastically accelerated. it's a infrequent overseas revenues contract which may depend upon minor diversifications of ordinary phrases, as is so frequently the case in household agreements. international legislation, export/import and forex controls, treaties, transit concerns, inspection of products, assurance, tariffs--all those and extra needs to be taken under consideration in agreement negotiations.
Overseas legislations is either an advent to the topic and a severe attention of its relevant subject matters and debates. the outlet chapters of the e-book clarify how foreign legislations underpins the foreign political and financial system through constructing the fundamental precept of the independence of States, and their correct to decide on their very own political, fiscal, and cultural structures.
This ebook explores the capability in which fiscal liberalisation will be reconciled with human rights and environmental safety within the law of foreign alternate. it truly is basically enthusiastic about selecting the teachings the foreign group can examine, in particular within the context of the WTO, from many years of eu neighborhood and Union event in dealing with this query.
The e-book indicates that self-help in advertisement legislations is a quick, reasonably cheap and effective substitute to courtroom enforcement. Self-help treatments and personal debt assortment are mostly yet no longer completely positive factors of universal legislations jurisdictions, given that remnants of non-public enforcement can nonetheless be present in agreement legislations in civilian structures.
- Copyright Perspectives: Past, Present and Prospect
- The Causes of War: Volume III: 1400 CE to 1650 CE: 3
- Small States in the European Union: Coping with Structural Disadvantages
- Abuse of EU Law and Regulation of the Internal Market
- European Union Law in a Nutshell, 8th
Extra info for Muslim Marriage in Western Courts: Lost in Transplantation (Cultural Diversity and Law)
Muslim Marriage in Western Courts: Lost in Transplantation (Cultural Diversity and Law) by Dr Fournier Pascale