ISBN:
9048501717
,
905356974X
,
9789048501717
,
9789053569740
Language:
English
Pages:
1 Online-Ressource (254 pages)
Edition:
Online-Ausg. [S.l.] HathiTrust Digital Library Electronic reproduction
Series Statement:
ISIM series on contemporary Muslim societies
Parallel Title:
Print version Welchman, Lynn Women and Muslim family laws in Arab states
Keywords:
Women (Islamic law)
;
Domestic relations (Islamic law)
;
Muslim women Legal status, laws, etc
;
Islamic law
;
Domestic relations
;
Women Legal status, laws, etc
;
Women (Islamic law)
;
Domestic relations (Islamic law)
;
Muslim women Legal status, laws, etc
;
Islamic law
;
Domestic relations
;
Women Legal status, laws, etc
;
RELIGION ; Islam ; Law
;
Humanities
;
Religion and beliefs
;
Islam
;
Law
;
LAW ; General
;
Domestic relations
;
Domestic relations (Islamic law)
;
Islamic law
;
Muslim women ; Legal status, laws, etc
;
Women (Islamic law)
;
Women ; Legal status, laws, etc
;
Personenrecht
;
Familierecht
;
Vrouwen
;
Islamitische wereld
;
Islam
;
Familienrecht
;
Frau
;
Islamic countries
;
Arabische Staaten
;
Arab countries
Abstract:
A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates. The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description
Description / Table of Contents:
I. Introduction -- II. Codification of Muslim Personal Status Law in Arab States: principle and processes. Current debates: Bahrain and Iraq -- Legislation, judicial discretion and political process -- III. Arab State Codifications and Women's Rights Advocacy in the Third Phase of Family Law Reform. International law and Muslim family law -- Women's rights advocacy -- Recent legislative developments -- IV. Shar'i Postulates, Statutory Law and the Judiciary. Tunisia and the shar'i postulate -- Judicial interpretation and legislative direction -- V. Registration Requirements. Unregistered and 'urfi marriage -- Overview -- VI. Capacity and Consent. Minimum age of marriage -- The Jordanian debate on raising the minimum age of capacity for marriage -- Guardianship in marriage -- The role of the guardian -- Overview -- VII. Polygyny. Constraints on polygyny in contemporary legislation -- Lawful benefit and financial capacity -- Notification requirements and consent of the wife -- Divorce options and validity issues -- Overview -- VIII. The Marital Relationship. Dower -- Maintenance and obedience -- Special stipulations in the marriage contract -- Misyar marriage -- Overview -- IX. Divorce. Statutory approaches to unilateral talaq and judicial divorce -- Judicial khul' in Egypt -- Judicial khul' in Jordan -- Other approaches to judicial khul' -- Divorce as a judicial process -- Compensation -- Post-divorce rights to the marital home -- Overview -- X. Parents and Children. Period of custody -- Allocation of custody -- Paternity and adoption -- Overview -- XI. Concluding Comment -- List of Statutes Cited -- Selected Statutory Provisions. Marriage Guardianship and Capacity -- Polygyny -- The Marital Relationship -- Stipulations -- Judicial Khul' and comparable divorce provisions -- Compensation for injurious/arbitrary divorce.
Note:
Includes bibliographical references (pages 233-242) and index
,
Use copy Restrictions unspecified star MiAaHDL
,
Electronic reproduction
,
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
,
English
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