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In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
Osgoode Hall Law Journal
This article addresses the dilemmas of Muslim women living in Canada as they negotiate between the constitutional and juridical systems of the dominant society, on the one hand, and the Muslim community, on the other. It will examine the ideological assumptions about law and multiculturalism that have worked to depoliticize the stakes of law in Marion Boyd's report, Protecting Choice, Promoting Inclusion. With the Islamic institution of mahr in the background, this article suggests a methodology to evaluate the costs and benefits of abstract legal rules as they are actually used by the parties in the "shadow of the law" …
Polygyny In Islam, Rachel Jones
Polygyny In Islam, Rachel Jones
Macalester Islam Journal
Polygyny is an institution that has been misinterpreted, misunderstood, and misused. These faults have been with both Islamic communities and with their Western critics. However, the actual practice of polygyny itself does not seem to be as much of an issue as does the way in which it is applied. In Western literature, polygyny is often depicted as a cruel and repressive custom that sacrifices women’s freedom for men’s pleasure. Ideas of harems and tyrannical husbands are evoked. Yet, the reality of polygynous households is a far cry from these fantasies. As anthropologist Lila Abu-Lughod explains, “polygyny is an institution …
Shari‘A And Fiqh: Embodiments Of The Theoretical And The Practical, Margaret Pettygrove
Shari‘A And Fiqh: Embodiments Of The Theoretical And The Practical, Margaret Pettygrove
Macalester Islam Journal
The relationship between law and morality is such that it is not easy to separate the two concepts. Generally in Islam, law and morality are one and the same, and speaking of them as distinct ideas is not really possible. It is largely a problem of language, in that English distinguishes between law and morality, whereas Arabic does not clearly do so. It is, nevertheless, possible to parse the Shari‘a into aspects that resemble morality and those that resemble law, as Bernard Weiss does in The Search for God’s Law. The Shari‘a is the “totality of ‘divine categorizations of human …
Reason In Islamic Law, Emma Gallegos
Reason In Islamic Law, Emma Gallegos
Macalester Islam Journal
Different words and concepts in cultures do not necessarily always translate perfectly or adequately to others. This truism provides a perfect starting point to attempt an understanding of classical Islamic law. In trying to understand the different concepts of reason, belief and knowledge in that realm, we have come to understand something that would vex many Americans given their own definitions of these concepts: that the law of Islam held to be divine by its practitioners puts an incredible amount of stress on its rational basis. In trying to understand a seeming paradox, we have discovered how closely interwoven rationality …
The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi
The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi
American University International Law Review
No abstract provided.
Reconciling The Right Of Return With Shari'a In Gaza, Corinne Souad Aftimos
Reconciling The Right Of Return With Shari'a In Gaza, Corinne Souad Aftimos
University of Miami Business Law Review
No abstract provided.