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Changing God's Law: The Dynamics of Middle Eastern Family Law

Edited by: Nadjma Yassari

ISBN13: 9781472464958
Published: June 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00



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This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation.

Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf States, Iran and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of law-making, before discussing ways the parties themselves may have shaped and do shape the law.

Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

Subjects:
Family Law, Other Jurisdictions , Middle East
Contents:
Preface
Introduction: new family law codes in Middle Eastern countries: reforms that are faithful to Islamic tradition?, Marie-Claire Foblets.

Part I Breaks and Continuities in Middle Eastern Law: Breaks and continuities in Middle Eastern law: women after the 2011 revolutions, Chibli Mallat
Contextualizing family-law reform and plural legalities in postcolonial Pakistan, Shaheen Sardar Ali
Family law, fundamental human rights and political transition in Tunisia, Monia Ben Jemia.

Part II Legislation: Struggling for a modern family law: a Khaleeji perspective, Lena-Maria Moller
Between procedure and substance: a review of law-making in Egypt, Nora Alim and Nadjma Yassari
The financial relationship between spouses under Iranian law: a never-ending story of guilt and atonement?, Nadjma Yassari.

Part III Judiciary: Les pouvoirs du juge tunisien en droit de la famille, Salma Abida
Divorce in Egypt: between law in the books and law in action, Nathalie Bernard-Maugiron
Personal status law in Israel: disputes between religious and secular courts, Imen Gallala-Arndt. Part IV Party Autonomy: Marriage contracts in Islamic history, Amira Sonbol
Our marriage, your property? Renegotiating Islamic matrimonial property regimes, Siraj Sait.

Index.