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Understanding Sharia Processes: Women's Experiences of Family Disputes

Understanding Sharia Processes: Women's Experiences of Family Disputes

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509920730
  • 出版时间 July 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥881.25
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  • 描述 
  • 大纲 
  • 详细

    The question of whether liberal states such as the United Kingdom, Canada, the United States and Australia should recognise sharia family law processes has attracted increasing debate and controversy in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes.

    The book will address two key questions namely; how liberal legal systems like Australia’s should respond to sharia processes, and more specifically; how it can best respond to the needs of Muslim women who use these processes. In doing so, this book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, this book makes a significant contribution to the international discussion and response to sharia processes.

  • 1. Introduction
    I. Concerns about Sharia Processes
    II. Why Sharia Processes Exist
    III. The Importance of Women's Experiences
    IV. Methodology
    V. Significance and Outline
    2. People, Procedures and Practices
    I. Introduction
    II. British Institutions and Processes
    A. Key Organisations, Procedures and Practices
    III. Canadian Institutions and Processes
    A. Key Organisations
    B. Procedures and Practices
    IV. Australian Institutions and Processes
    A. Key Organisations, Procedures and Practices
    V. Conclusion
    3. Women's Perspectives and Experiences
    I. Introduction
    II. Before Sharia Processes
    A. Family
    B. Professionals and Community Workers
    III. Reasons for Seeking a Religious Divorce
    A. Spiritual Motivations
    B. Ending Emotional Exploitation
    C. Closure and 'Moving On'
    D. Avoiding Stigma
    IV. Women's Experiences of Sharia Processes
    A. Emphasis on Reconciliation
    B. A Lack of Skills and Training
    C. A Lack of Transparency
    D. Responding to Domestic Violence
    E. Acknowledgement of Injustice
    F. Gender Imbalance on Panels
    G. Re-traumatisation, Privacy and Forum-shopping
    H. Impact on Faith
    V. Conclusion
    4. Imams' Roles and Perspectives
    I. Introduction
    II. Imams' Understanding of their Role in Reconciliation
    III. Imams' Understanding of their Role in Divorce
    A. Role as Service-Providers and Advocates for Women
    B. Backlash for Carrying Out Roles in Divorce Proceedings
    IV. Responding to the Concerns of Women and Professionals
    A. The Need for Training and Resources
    B. Responding to Domestic Violence
    C. Gender Imbalance in Sharia Processes
    V. Conclusion
    5. Outcomes of Sharia Processes
    I. Introduction
    II. Divorce Outcomes
    A. Summary of the Types of Islamic Divorce
    B. Divorce Outcomes from Sharia Processes
    III. Financial Outcomes
    A. Imams' Limited Advisory Role in Financial Matters
    IV. Child Custody
    V. Conclusion
    6. Evolution and Change
    I. Improving Sharia Processes
    A. Pre-marriage Briefing and Counselling
    B. Rethinking Marriage Contracts and Delegated Divorce Rights – Talaq Tafweedh
    C. Financial Agreements
    D. The Initial Stages of Sharia Processes
    E. Women on Panels
    F. Professionals on Panels
    G. Education and Transparency about Divorce Options and Financial Entitlements
    H. Clearer Processes and Procedures
    I. Acknowledgement and Response to Injustice, Abuse and Harm
    J. Domestic Violence
    K. Referral and Integration of Support Services
    L. Sensitivity to Cultural and Linguistic Diversity
    M. Support and Resources for Religious Divorce
    N. Enhanced Role for Muslim Women's Organisations
    O. Tracking the Australian Legal System
    II. Improving the Family Law System
    A. Better Enforcement of Orders against Former Partners
    B. Better Tailored Legal Aid
    C. Enhancing the Cultural Sensitivity of Mainstream Services
    D. Legal Recognition of the Mahr
    E. A Muslim Family Relationship Centre/Service: A One Stop Shop for Muslim Families
    III. Conclusion
    7. Conclusion
    Appendix A: Methodology and Project Phases
    Appendix B: Board of Imams Victoria Marriage Contract
    Appendix C: Board of Imams Victoria Islamic Mediation/Reconciliation Application
    Appendix D: Board of Imams Islamic Divorce Application
    Appendix E: Lebanese Muslim Association Application
    Appendix F: Summary of Key Sunni Positions on Islamic Divorce
    Appendix G: Qatari Family Law Code

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