Muslim Family Law In Western Courts

This book is a compilation of court transcripts and observations of how Islamic principles are harmonized with norms based on gender equality in marriage-related disputes in Western courts. It also discusses how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative. Review: These two volumes [Adjudicating Family Law in Muslim Courts and Muslim Family Law in Western Courts], taken together, represent a needed contribution to the field of Islamic studies, particularly in relation to Islamic law. The pragmatic approach of the two volumes, taking into account the different faces of legal practices in several Muslim and Western countries, is [...] refreshing, and can provide a valuable contribution to the understanding of phenomena which are too often interpreted through the lenses of prejudices. - Luca Ozzano in Politics, Religion and Ideology