Muslim Marriage in Western Courts: Lost in Transplantation by Dr Fournier Pascale PDF

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.

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

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