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Islamic Divorce in North AmericaA Shari’a Path in a Secular Society$
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Julie Macfarlane

Print publication date: 2012

Print ISBN-13: 9780199753918

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199753918.001.0001

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A Primer on Islamic Family Law

A Primer on Islamic Family Law

(p.19) 2 A Primer on Islamic Family Law
Islamic Divorce in North America

Julie Macfarlane

Oxford University Press

This chapter describes the development of Islamic law as a system from the primary sources of the Qur’an, the Sunna and hadith, and reviews the major tools of an Islamic legal method. It examines the important debate over the capacity of Islamic law to adapt to modern conditions. Islamic family law is what remains of a broader system of Islamic jurisprudence before nineteenth-century colonization. Central to Islamic family systems are concepts of Muslim marriage (via contract) and divorce (release from that contract). This chapter describes the most important principles of the marriage contract (including the mahr) and the three major approaches to divorce: talaq (divorce by the husband); khula (divorce requested by the wife); and faskh (judicial annulment of marriage).

Keywords:   Islamic jurisprudence/legal method, Islamic divorce, Khula, Talaq, Faskh, Nikah

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