Islamic Family Law in a Changing World: A Global Resource Book

by Abdullahi An-Na'im (Editor)

Overview

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law.

This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities.

This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

Product Details

ISBN-13:	9781842770931
Publisher:	Bloomsbury Academic
Publication date:	08/01/2002
Pages:	336
Product dimensions:	6.14(w) x 9.21(h) x 0.76(d)

About the Author

Abdullahi Ahmed An-Na'im is Charles Howard Candler Professor of Law at Emory University, Georgia, USA. Prior to that he was Executive Director of Human Rights Watch/Africa in Washington D.C. for two years. Born in the Sudan and educated at the Universities of Khartoum, Cambridge and Edinburgh, his distinguished scholarly career has spanned 25 years with appointments in various North African, Canadian and US universities. He is the author of Towards an Islamic Reformation: Civil Liberties, Human Rights and International Law (Syracuse, NY: Syracuse University Press, 1990) and editor of a numerous volumes on human rights issues from a cross-cultural perspective.
Abdullahi Ahmed An-Na'im is Charles Howard Candler Professor of Law at Emory University, Georgia, USA. Prior to that he was Executive Director of Human Rights Watch/Africa in Washington D.C. for two years. Born in the Sudan and educated at the Universities of Khartoum, Cambridge and Edinburgh, his distinguished scholarly career has spanned 25 years with appointments in various North African, Canadian and US universities. He is the author of Towards an Islamic Reformation: Civil Liberties, Human Rights and International Law (Syracuse, NY: Syracuse University Press, 1990) and editor of a numerous volumes on human rights issues from a cross-cultural perspective.

Table of Contents

Introduction: Shari‘a and Islamic Family Law: Transition and Transformation - Abdullahi Ahmed An-Na‘im

PART I: CENTRAL ASIA AND THE CAUCASUS
1. Social, Cultural and Historical Background

PART II EAST AND CENTRAL AFRICA
1. Social, Cultural and Historical Background
2. Legal Profiles
KENYA, Republic of - TANZANIA, United Republic of

PART III HORN OF AFRICA
1. Social, Cultural and Historical Background
2. Legal Profiles
ETHIOPIA, Federal Democratic Republic of - SOMALIA - SUDAN, Republic of

PART IV MIDDLE EAST
1. Social, Cultural and Historical Background
2. Legal Profiles
BAHRAIN, State of - IRAN, Islamic Republic of - IRAQ, Republic of - ISRAEL, State of - JORDAN, Hashemite Kingdom of - KUWAIT, State of - LEBANON, (Lebanese Republic) - OMAN, Sultanate of PALESTINE, Palestinian Territories of West Bank and Gaza Strip - QATAR, State of - SAUDI ARABIA, Kingdom of - SYRIA (Syrian Arab Republic) - UNITED ARAB EMIRATES - YEMEN, Republic of

PART V NORTH AFRICA
1. Social, Cultural and Historical Background
2. Legal Profiles
ALGERIA, Democratic and Popular Republic of - EGYPT, Arab Republic of - (LIBYA) Socialist People‘s Libyan Arab Jamahiriya - MOROCCO, Kingdom of (and Western Sahara) - TUNISIA, Republic of

PART VI SOUTHERN AFRICA
1. Social, Cultural and Historical Background

PART VII SOUTH ASIA
1. Social, Cultural and Historical Background
2. Legal Profiles
BANGLADESH, People‘s Republic of - INDIA, Republic of - MALDIVES, Republic of - PAKISTAN, Islamic Republic of - SRI LANKA, Democratic Socialist Republic of

PART VIII SOUTHEAST ASIA
1. Social, Cultural and Historical Background
2. Legal Profiles
BRUNEI (Negara Brunei Darussalam) - INDONESIA, Republic of - MALAYSIA - PHILIPPINES, Republic of the - SINGAPORE, Republic of

PART IX WEST AFRICA
1. Social, Cultural and Historical Background
2. Legal Profiles
GAMBIA, Republic of - GHANA, Republic of - NIGERIA, Federal Republic - SENEGAL, Republic of

Editorial Reviews

The application of Islamic Shari'a law differs significantly throughout the Islamic world, partly because of theological and legal differences and partly because of modifications of customary practices or state policy. An-Na'im (law, Emory U.) surveys the scope and manner of application of Islamic family law in sections organized by region. Each section provides a discussion of social, cultural, and historical background, with examinations of seclusion of women, marriage, divorce, polygyny, custody of children, inheritance, and land rights. Within each section there are legal profiles of each of the countries of the region treated, covering schools , constitutional status of Islamic law, court systems, relevant legislation, notable features and cases, law reporting system, and relevant international conventions. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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