Marriage On Trial A Study of Islamic Family Law

by Mir-Hosseini, Ziba

• ISBN13: 9781860646089
• ISBN10: 1860646085
• Edition: Revised
• Format: Paperback
• Copyright: 2001-01-06
• Publisher: I. B. Tauris

Summary

Debates over family law are a sensitive subject in the Muslim world, revealing something of the struggle between forces of traditionalism and modernism. The highly disparate tendencies within Islamic "fundamentalism" share a desire to re-institute Shar'ia law, regarded as the last bastion of the Islamic ideal of social relations. This book probes the theory and practice of Islamic family law in the contemporary Muslim world, focusing on the dynamics of marriage and the consequences of its breakdown, and the ways in which litigants manipulate the law to resolve marital and child custody disputes.

Author Biography

Ziba Mir-Hosseini is a distinguished anthropologist who carried out her work at Girton College, Cambridge. She was the co-producer of the classic documentary Divorce Iranian Style.

Table of Contents

Preface to the 2nd Edition	vii
Preface	xiii
Acknowledgements	xvii
Note on Transliteration	xix
Introduction	1	(22)
Part I: The Shar'ia, Law and Social Practice: Strategies of Accommodation
The Setting: Courts, Marital Disputes and Marriage	23	(31)
Legal Anatomy of Divorce: the Iranian Case	54	(30)
Legal Anatomy of Divorce: the Moroccan Case	84	(31)
Social Anatomy of Divorce: the Law and the Practice	115	(18)
Part II: Areas of Tension between Law and Practice: Strategies of Selection
Filiation and Custody in Law and Practice	133	(28)
Validating Marriage and Divorce	161	(30)
Conclusion	191	(10)
Notes	201	(22)
Glossary	223	(6)
Bibliography	229	(12)
Index	241