By Dr Fournier Pascale
This ebook describes and analyses the thought of Mahr, the Muslim customized wherein the groom has to offer a present to the bride in attention of the wedding. It explores how Western courts, particularly in Canada, the USA, France, and Germany, have approached and interpreted Mahr. even though the results of the circumstances offer 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 simultaneously with freedom and equality. Tensions among and between those suggestions, even though, necessarily come up. The acknowledgment and exploration of those intertwined tensions types a massive underpinning for the publication. during the research of case legislation from those 4 nations, this research means that transplanting Mahr from Islamic legislation right into a Western court docket can't be undone: it instantly turns into rooted within the international locations' criminal, ancient, political, and social backgrounds and prospers (or fails) in diversified and unforeseen methods. instead of being the idea that defined through classical Islamic jurists, Mahr is interpreted in line with wildly diversified criminal constructs and ideas resembling multiculturalism, equity, public coverage, and gender equality. in addition, Islamic legislation travels with a multiplicity of voices, and it's this advanced hybridity (a fragmented and disjointed Mahr) on the way to be mediated via Western legislation. Returning to the overarching suggestion of liberalism, the publication proposes that distributive effects instead of reputation occupy primary position within the review of the felony innovations to be had to Muslim girls upon divorce.
Read Online or Download Muslim Marriage in Western Courts: Lost in Transplantation (Cultural Diversity and Law) PDF
Similar international law books
Overseas insolvency is a newly-established department of the examine of insolvency that owes a lot to the phenomenon of cross-border incorporations and behavior of commercial in additional than one jurisdiction. it really is principally an offspring of globalization. Paul Omar examines the advance of family ideas facing cross-border circumstances and the various foreign initiatives within the box.
As soon as the specific shield of member states, foreign corporations became more and more open in fresh a long time. Now almost all overseas agencies at a few point contain NGOs, enterprise actors and clinical specialists in policy-making. This ebook bargains the 1st systematic and entire research of this improvement.
Essay from the yr 2014 within the topic legislations - ecu and foreign legislations, highbrow homes, grade: BA Schweden, Uppsala college (Juridik), direction: advent to eu legislations, language: English, summary: An essay in regards to the freedom of providers within the ecu Union and the way they're constrained by means of primary rights.
The e-book offers either a criminal and fiscal evaluate of an more and more vital factor for the european: the query of even if members can carry the eu Union chargeable for damages they endure because of its infringement of foreign monetary legislations. even if, legal responsibility regimes fluctuate reckoning on the problem involved.
- Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford
- Understanding the European Union's External Relations (Routledge/ECPR Studies in European Political Science)
- China, India and the International Economic Order
- Summits & Regional Governance: The Americas in Comparative Perspective (Global Institutions)
- The Contractual Nature of the Optional Clause (Studies in International Law)
- Assessing the Effectiveness of International Courts (International Courts and Tribunals Series)
Additional resources 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