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

ISBN-13: 9781472464958 / Angielski / Twarda / 2016 / 290 str.

Nadjma Yassari

Opis

Identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. This title presents an 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.

Spis treści

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 Möller; 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

O autorze

Nadjma Yassari is a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg where she heads the Department for the Laws of Islamic Countries. In April 2009, Nadjma Yassari established the Max Planck Research Group 'Changes in God’s Law: An Inner Islamic Comparison of Family and Succession Laws', which she has been leading since. Her main fields of research are national and private international law of Islamic countries, in particular the Arab Middle East, Iran, Afghanistan, and Pakistan with a special focus on family and successions law.