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Muslim Marriage in Western Courts

Lost in Transplantation

Pascale Fournier

Muslim Marriage in Western Courts
Muslim Marriage in Western Courts

Muslim Marriage in Western Courts

Lost in Transplantation

Pascale Fournier

Hardback / gebonden | Engels
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€ 184,95
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Omschrijving

Describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. This book explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr.

'Pascale Fournier provides a lucid introduction to comparative legal technique (marriage laws of Muslim countries differ widely, as do the relevant laws of the Western host countries), and most impressively to applied critical theory. A multi-disciplinary tour de force, opening a new territory, sure to shape the debate on how to reform current policies.' Duncan Kennedy, Harvard Law School, USA 'A cutting edge book - impeccably conceptualized and richly documented - on the tensions between Western liberal legal systems and Islamic legal concepts. By focusing on how Western courts interpret the Islamic concept of Mahr or gift to the bride, Pascale Fournier succeeds in presenting a sharp and original analysis of liberalism and multiculturalism.' Mounira M. Charrad, University of Texas, USA 'Pascale Fournier's fascinating book examines the Mahr, central to Muslim marriage, in Western legal systems. Using analytical and fictional techniques, Fournier's writing grips the reader with court cases from Canada, France, Germany, and the US, showing Muslim women of different origins, social circumstances and orientations, negotiating their rights in multi-cultural contexts.' Lilia Labidi, University of Tunis, Tunisia 'Muslim Marriages in Western Courts is a thought-provoking and unusually sophisticated book. Fournier gives us the first circumstantial, comparative account of the 'legal life' of Mahr, a concept so far unknown in Western legal systems. This superb study of the relationship between Western and Islamic law crosses many boundaries and should be relevant to anyone with an interest in women's rights and positions in plural societies. Moreover, it challenges the reader to reconsider conventional ideas about legal transplants and, more generally, about pluralism and the law.' Marie-Claire Foblets, University of Leuven, Belgium '... this is a very good book, highly recommended for those interested in Islamic family law as applied in Western jurisdictions, as well as those who are generally interested in the migration of Muslim communities into western societies.' Religion and Human Rights '... Muslim Marriage in Western Courts a pioneering work in this field and has a lot to offer to students and researchers of comparative law. Very insightfully, [Pascale Fournier] identifies three approaches adopted by the courts in USA, Germany, France and Canada...' Muslim World Book Review '... this is a very good book, highly recommended for those interested in Islamic family law as applied in Western jurisdictions, as well as those who are generally interested in the migration of Muslim communities into western societies.' Religion and Human Rights 'Fournier's Muslim Marriage in Western Courts is an important work not for what it says about 'Muslim marriage' or even about Islamic family law, but rather, for what it enables western readers to understand about western courts.' Law and Politics Book Review 'The strength of Muslim Marriage in Western Courts is its readability. It is well positioned with the previous literature and it does not assume previous knowledge of law, theology or feminist critiques. For these reasons, the book will attract readers from a number of disciplines who will differently draw from the material. As a Religious Studies scholar interested in Islam in the West, Fournier's unpacking of the four socio-political contexts and differing presentations and reception of cases were the most pertinent parts of her analysis for me. Legal scholars may find her division of the cases into three theoretical models more useful. No matter one's entry into the question of mahr in the West, the transnational encounter of various legal systems on this evocative matter raises questions of gender, marriage, religiosity, private arbitration, and sharia (Islamic law). Fournier's contemporary legal study of mahr therefore promises to be an integral tool and an important reference for students and scholars in a cross-section of fields.' Contemporary Islam 'Cutting across many of the most important debates around religion and religious diversity, Pascale Fournier presents a riveting tale of the transplantation of Muslim marriage in Western courts. Fournier draws into her critical legal economic analysis questions about legal pluralism, women's equality, legal realism, and the "othering" that takes place in Western courts when they are presented with mahr on divorce. The result is a compelling analytical framework for making sense of the ways in which mahr is dealt with by the courts.' Canadian Journal of Law and Society 'Muslim Marriage in Western Courts is absolutely a refreshing eye-catcher compared to other books on similar topics in the field... The book is an invaluable addition to the library of every academic and legal practitioner who is interested in multiculturalism, legal diversity, comparative Law, Islamic law/Islam, private international law, transnational law, human rights, socio-legal approaches, or critical legal studies.' Maastricht Journal of European and Comparative Law 'This richly documented study... is an important addition to knowledge for practitioners and scholars of comparative family law and private international law.' Immigration, Asylum and Nationality Law

Pascale Fournier is Associate Professor of Law at the University of Ottawa and a Research Associate at the University's Human Rights Research and Education Centre (HRREC). Professor Fournier received her LL.B in Law (1997) from Laval University, her LL.M. (2000) from the University of Toronto and her S.J.D. (2007) from Harvard Law School. Before arriving at Harvard, she served as Law Clerk to Justice L'Heureux-Dubé at the Supreme Court of Canada. Her scholarship focuses on comparative family law, Islam and Judaism in Europe and North America, constitutional law and freedom of religion, migration in the context of globalization, and the relationship between multiculturalism and gender. Her current research project, funded by the Social Sciences and Humanities Research Council of Canada, investigates the migration of two forms of religious divorces (the Jewish Get and the Islamic Talaq) in Canada, France, Britain and Germany, and the effects of such migration on Jewish and Muslim women. Pascale has lectured at the State University of Haiti, McGill University, the University for Peace in Costa Rica and the Institute for Women's Studies and Research in Iran. She recently served as an expert consultant on issues of gender and Islamic law for the United Nations Development Programme. She was awarded the Laval University Raymond-Blais Medal in 2008, the Québec Bar Association's Advocatus Emeritus distinction in 2009 and the Québec Bar Foundation prize for 'best article' in 2009.

Specificaties

  • Uitgever
    Routledge
  • Verschenen
    sep. 2010
  • Bladzijden
    228
  • Genre
    Regionale / internationale studies
  • Afmetingen
    234 x 156 mm
  • Gewicht
    544 gram
  • EAN
    9781409404415
  • Hardback / gebonden
    Hardback / gebonden
  • Taal
    Engels

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