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Comparative and Foreign Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Comparative and Foreign Law

Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan Jul 2020

Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan

William & Mary Journal of Race, Gender, and Social Justice

In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …


Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson Jan 2013

Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson

Robin Fretwell Wilson

No abstract provided.


Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson May 2010

Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson

William & Mary Bill of Rights Journal

No abstract provided.


Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg Dec 2008

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

The article critiques traditional economic theory, which frequently fails to address issues like "trust" in the forming of both contractual and marital relationships, and addresses problems within both the American and Islamic marriage & divorce systems from a behavioral economic, and comparative, perspective.