Marriage on trial : a study of Islamic family law : Iran and Morocco compared

書誌事項

Marriage on trial : a study of Islamic family law : Iran and Morocco compared

Ziba Mir-Hosseini

(Society and culture in the modern Middle East)

I.B. Tauris, 1993

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注記

Bibliography: p. 229-239

Includes index

内容説明・目次

内容説明

This book looks at how fiqh, Islamic family law, is interpreted and administered in two Muslim countries. It studies the complex relationship between the classical textbooks and modern codes of personal status law which in principle are based on them, but which in fact diverge from them both in substantive law and in methods of procedure and judgment. Based on extensive fieldwork in the courts and outside, it focuses on the dynamics of marriage and the consequences of its breakdown, as well as the way litigants manipulate the law in order to resolve marital difficulties. It illustrates the interaction between Islamic law and the social construction of marriage and divorce in Iran and Morocco, showing women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.

目次

  • Part 1 The Shar'ia, law and social practice - strategies of accommodation: the setting - courts, martial disputes and marriage
  • legal anatomy of divorce - the Iranian case
  • legal anatomy of divorce - the Moroccan case
  • social anatomy of divorse - the law and the practice. Part 2 Areas of tension between law and practice - strategies of selection: filiation and custody in law and practice
  • validating marriage and divorce.

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