Islamic Family Law

Islamic Family Law

By Raffia Arshad

Book

$393.00 RRP

Date: 24/08/2010

Code: 9781847035998

Sweet & Maxwell, UNITED KINGDOM

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Book Islamic Family Law 24/08/2010 9781847035998 $393.00 Add to cart

Description

Islamic Family Law is a practical book which assists practitioners in meeting the needs of clients who wish to follow Muslim (Shar'ia) law - how to proceed with a case, what examples to cite and the most appropriate course of action. The book deals with the issues considered by the Shar'ia council including marriage and divorce, but will also include issues such as forced marriages and adoption, which are issues currently being dealt with at local authority level. Islamic Family Law explains the overlap with English law and provides a comprehensive explanation of the remedies available to Muslim clients.
Islamic Family Law explains best practices and includes checklists and case studies. It has been written with the help and involvement of Shar'ia Councils and scholars and has been endorsed by Resolution and carries their codes of conduct and standards of practice.
Contents
1. Introduction to Islam
2. Shari'ah Law
  • Shari'ah Law defined
  • Sources of Shari'ah Law
  • Applicability of Shari'ah Law to Muslims in Britain
3. Nikah â The Muslim Marriage
  • Nikah â marriage contract
  • Components of Nikah
  • Conditions of the Nikah
4. Forced Marriages
  • Concept of Consent
  • Relief under English Law for Forced Marriages
5. Pre-nuptial Contracts
  • Nikah as a quasi pre-nuptial contract
  • Enforceability of nikah as a contract under English Law
6. Dissolution of the Marriage â The Muslim Divorce
  • Types and Methods of Divorce
  • Concept of â Irretrievable Breakdown' under Maliki Fiqh
  • Making use of Shari'ah Councils
7. Finances after Divorce
  • Obligation of Maintenance (nafaqah)
  • Ancillary Relief
  • Trusts of Land and Appointment of Trustees Act 1996 applications
8. Children
  • Best Interests of the Child
  • Residence
  • Contact
  • Specific Issue Applications
9. Adoption and Fosterage
  • Importance of Lineage and Identity in Islam
  • Permissibility of Adoption and Fosterage
  • Concept of Adoption and Fosterage under English Law
  • Compatibility of Shari'ah Law and English Law
  • Scope for British Muslims to adopt and foster
10. Wills
Jurisdiction: UK

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