Abstract

http://ssrn.com/abstract=1524246
 
 

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No Altars: A Survey of Islamic Family Law in United States


Asifa Quraishi-Landes


University of Wisconsin Law School

Najeeba Syeed-Miller


Independent

December 16, 2009

WOMEN'S RIGHTS AND ISLAMIC FAMILY LAW: PERSPECTIVES ON REFORM, Zed Books, 2004
Univ. of Wisconsin Legal Studies Research Paper Series No. 1236

Abstract:     
American judges have been judging Muslim divorces in state courts for years, creating a body of case law that not only involves Islamic family law doctrines, but also reveals interesting insights about American Muslim marriage practices generally. This article reviews the holdings in some published cases, exploring questions of overlapping jurisdictions (state and religious law), and how enforcement of Islamic contract-based claims such as the mahr (bridal gift) have fared in American courts. The article draws from interviews with lawyers, social workers, and imams who have advised American Muslims negotiating the process of marriage and divorce in the United States. A brief survey of relevant literature, as well as some suggestions for future practice, is interwoven in the presentation.

Number of Pages in PDF File: 29

Keywords: divorce, Muslim, Muslim divorce, Islamic family law, American Muslim, jurisdiction, Islamic contract, mahr

JEL Classification: K4

Accepted Paper Series


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Date posted: December 20, 2009 ; Last revised: October 10, 2013

Suggested Citation

Quraishi-Landes, Asifa and Syeed-Miller , Najeeba, No Altars: A Survey of Islamic Family Law in United States (December 16, 2009). WOMEN'S RIGHTS AND ISLAMIC FAMILY LAW: PERSPECTIVES ON REFORM, Zed Books, 2004; Univ. of Wisconsin Legal Studies Research Paper Series No. 1236. Available at SSRN: http://ssrn.com/abstract=1524246

Contact Information

Asifa Quraishi-Landes (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
Najeeba Syeed-Miller
Independent
No Address Available
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