Download e-book for kindle: Muslim Marriage in Western Courts: Lost in Transplantation by Dr Fournier Pascale

This e-book describes and analyses the thought of Mahr, the Muslim customized wherein the groom has to provide a present to the bride in attention of the wedding. It explores how Western courts, in particular in Canada, the USA, France, and Germany, have approached and interpreted Mahr. even if the results of the circumstances supply an illustrative framework for the publication, the focal point is broader than just the adjudicative endeavours. The paintings explores the concept that of liberalism, which purportedly champions contributors and person selection simultaneously with freedom and equality. Tensions among and between those strategies, despite the fact that, unavoidably come up. The acknowledgment and exploration of those intertwined tensions varieties a tremendous underpinning for the booklet. in the course of the research of case legislations from those 4 nations, this research means that transplanting Mahr from Islamic legislation right into a Western court can't be undone: it instantly turns into rooted within the nations' criminal, historic, political, and social backgrounds and thrives (or fails) in different and unforeseen methods. instead of being the idea that defined by way of classical Islamic jurists, Mahr is interpreted based on wildly various felony constructs and ideas comparable to multiculturalism, equity, public coverage, and gender equality. furthermore, Islamic legislation travels with a multiplicity of voices, and it really is this complicated hybridity (a fragmented and disjointed Mahr) in order to be mediated via Western legislations. Returning to the overarching proposal of liberalism, the booklet proposes that distributive outcomes instead of acceptance occupy principal position within the assessment of the criminal innovations to be had to Muslim girls upon divorce.