Islamic Divorces in Europe Bridging the Gap between European and Islamic Legal Orders

by Kruiniger, Pauline

• ISBN13: 9789462365018
• ISBN10: 9462365016
• Format: Hardcover
• Copyright: 2015-01-21
• Publisher: Eleven International Publishing

Summary

This book examines the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the book scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco, and Pakistan, as well as the Dutch, English, and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, the book provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. It is therefore a must read for legal practitioners, such as registrars, notaries, and members of the judiciary, as well as academics. [Subject: Private International Law, European Law, Civil Law, Divorce Law, Islamic Law, Comparative Law, Human Rights Law]