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Vol 21 No 11 Nov/Dec 2016

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Islamic Divorces in Europe: Bridging the Gap Between European and Islamic Legal Orders

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ISBN13: 9789462365018
Published: December 2014
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £87.50



Despatched in 13 to 15 days.

This book addresses the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the author scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco and Pakistan, as well as the Dutch, English and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, she provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. The book is therefore a must read for legal practitioners such as registrars, notaries and members of the judiciary, as well as academics.

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Subjects:
Family Law, Islamic Law
Contents:
1. Introduction
2. Context

Part I Islamic Divorce Laws and Practices
3. Introduction
4. Context: Islamic Law in a Nutshell
5. Divorce in Shari'a Law
6. Divorce in Egypt
7. Divorce in Iran
8. Divorce in Morocco
9. Divorce in Pakistan
10. Conclusion: An Unbridgeable Incompatibility?

Part II Recognition of Islamic Divorces in Europe
11. Introduction
12. Context: Migration
13. The Netherlands
14. England
15. France
16. Evaluation and Conclusion

Part III Managing Legal Diversity: Exploring Solutions for Its Shortcomings and Restrictions
17. Introduction
18. The EU Context
19. Diversity of Recognition Policies within Europe
20. How Can Legal Diversity Be Managed?
21. Conclusion
22. Conclusions and Recommendations.