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Islamic Divorce in the Twenty-First Century: A Global Perspective [Pehme köide]

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This volume contains nine essays that explore contemporary practices of Muslim divorce around the world, focusing on the ending of marriages in accordance with Islamic law. Anthropology, law, and other scholars from Africa, Asia, Europe, and North America address practices in Pakistan, Egypt, South Africa, Indonesia, Ghana, Lebanon, Mali, China, and India and how these contexts differ, particularly processes of disputing and why and how divorces happen. They also examine resolution, arbitration, and adjudication processes and how religious leaders, elders, and judges and other authority figures handle divorce disputes. They end with discussion of the impact of state-level legislation, women's rights, male-initiated divorce, divorce on the grounds of sexual dissatisfaction of the wife, and global patterns of mobility, upheaval, and changing household economies. Annotation ©2022 Ringgold, Inc., Portland, OR (protoview.com)

Islamic Divorce in the 21st Century shows the wide range of Muslim experiences in marital disputes and in seeking Islamic divorces. For Muslims, having the ability to divorce in accordance with Islamic law is of paramount importance. However, Muslim experiences of divorce practice differ tremendously. The chapters in this volume discuss Islamic divorce from West Africa to Southeast Asia, and each story explores aspects of the everyday realities of disputing and divorcing Muslim couples face in the twenty-first century. The book’s cross-cultural and comparative look at Islamic divorce indicates that Muslim divorces are impacted by global religious discourses on Islamic authority, authenticity, and gender; by global patterns of and approaches to secularity; and by global economic inequalities and attendant patterns of urbanization and migration. Studying divorce as a mode of Islamic law in practice shows us that the Islamic legal tradition is flexible, malleable, and context-dependent.


Islamic Divorce in the 21st Century takes a close look at the ways that Muslims from West Africa to Southeast Asia engage with and navigate Islamic law and other relevant norms during times of marital breakdown in light of twenty-first century challenges and development.
 

Arvustused

"Islamic Divorce in the 21st Century is a wonderful book in which we travel geographically and intellectually. Its importance draws on the variety of national experiences it documents in a truly comparative perspective, as well as on the scholarship of both coeditors and contributors. It is a compulsory read for everybody interested in understanding how Islam is a global phenomenon with a huge array of local declensions." - Baudouin Dupret (author of Positive Law from the Muslim World: Jurisprudence, History, Practices) "Islamic Divorce in the 21st Century provides rich empirical data and sophisticated theoretical perspectives on the gendered complexities of kinship and marriage, divorce, inequality, and Islamic law and normativity in nine nations in Africa, Asia, and the Middle East. This engagingly written and compelling volume will be welcomed by scholars in various fields and has great potential for use in both undergraduate and graduate courses."

  - Michael G. Peletz (author of Sharia Transformations: Cultural Politics and the Rebranding of an Islamic Judiciary) "Islamic Divorce in the 21st Century is a tour de force, offering both breadth and depth on Muslim divorce practices. In addition to presenting scholarship from rarely documented countries, this volume provides a perspective on global connections and the transformations that ensue. It is a must-read for scholars of Muslim family law." - Arzoo Osanloo (author of The Politics of Women's Rights in Iran) "Islamic Divorce in the 21st Century is a wonderful book in which we travel geographically and intellectually. Its importance draws on the variety of national experiences it documents in a truly comparative perspective, as well as on the scholarship of both coeditors and contributors. It is a compulsory read for everybody interested in understanding how Islam is a global phenomenon with a huge array of local declensions." - Baudouin Dupret (author of Positive Law from the Muslim World: Jurisprudence, History, Practices) "Islamic Divorce in the 21st Century provides rich empirical data and sophisticated theoretical perspectives on the gendered complexities of kinship and marriage, divorce, inequality, and Islamic law and normativity in nine nations in Africa, Asia, and the Middle East. This engagingly written and compelling volume will be welcomed by scholars in various fields and has great potential for use in both undergraduate and graduate courses."

  - Michael G. Peletz (author of Sharia Transformations: Cultural Politics and the Rebranding of an Islamic Judiciary) "Islamic Divorce in the 21st Century is a tour de force, offering both breadth and depth on Muslim divorce practices. In addition to presenting scholarship from rarely documented countries, this volume provides a perspective on global connections and the transformations that ensue. It is a must-read for scholars of Muslim family law." - Arzoo Osanloo (author of The Politics of Women's Rights in Iran)

Series Foreword ix
Piter Berta
Preface and Acknowledgments xi
List of Abbreviations
xiii
Note on Transliteration xv
Introduction: Muslim Marital Disputes and Islamic Divorce Law in Twenty-First-Century Practice 1(24)
Erin E. Stiles
Ayang Utriza Yakin
PART ONE State Politics and Divorce Law: Reform and Recommendations
1 Divorce by khul in Pakistani Courts: Expanding Women's Rights through Reconfiguring Religious Authority
25(21)
Elisa Giunchi
2 Male-Initiated Divorce before the Egyptian Judiciary
46(19)
Nathalie Bernard-Maugiron
3 Problems of and Possibilities for Islamic Divorce in South Africa
65(20)
Fatima Essop
PART TWO Gendered Strategies and Judicial Responses in Marital Disputing
4 Women in the Search of Sexual Pleasure: Divorce on Grounds of Sexual Dissatisfaction in Indonesian Religious Courts
85(21)
Ayang Utriza Yakin
5 "I Divorced Him but He Said He Has Not Divorced Me": Gendered Perspectives on Muslim Divorce in Accra, Ghana
106(17)
Fulera Issaka-Toure
6 Undoing Marriage in Lebanon: Divorce within and beyond Family Courts
123(20)
Jean-Michel Landry
PART THREE Islamic Divorce in the Context of Global Patterns of Mobility, Upheaval, and Changing Household Economies
7 Islamic Renewal, Muslim Divorce, and Gender Relations in Mali
143(23)
Dorothea Schulz
Souleymane Diallo
8 A "Much-Married Woman" Revisited: Kinship Perspectives on the High Frequency of Divorce among Uyghurs in Southern Xinjiang, China
166(21)
Rune Steenberg
9 The Ends of Divorce: Marital Dispute as a Locus of Social Change in India
187(17)
Katherine Lemons
Nadia Hussain
Conclusion: Islamic Divorce in Context and in Action: Notes from the Field 204(7)
Erin E. Stiles
Ayang Utriza Yakin
Notes on Contributors 211(4)
Index 215
ERIN E. STILES is an associate professor of anthropology at the University of Nevada, Reno. She is the author of An Islamic Court in Context: An Ethnographic Study of Judicial Reasoning and co-editor of Gendered Lives in the Western Indian Ocean: Islam, Marriage, and Sexuality on the Swahili Coast.   AYANG UTRIZA YAKIN is a research associate at the Chair of Law and Religion at the Religions, Spiritualities, Cultures, Societies (RSCS) Institute at the UniversitÉ Catholique de Louvain in Belgium, and a postdoctoral researcher at Sciences Po Bordeaux in France. He is the co-editor of Rethinking Halal: Genealogy, Current Trends, and New Interpretation.