Islamic Law

Applied Family Law in Islamic Courts: Shari’a Courts in Gaza

By Nahda Shehada
Routledge March 2018

Specifications

ISBN-13
9781138194670
Publisher
Routledge
Publication
March 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space.

Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.

Table of Contents

Chapter 1: Introduction
Chapter 2: Islamic Jurisprudence Now, and Then
Chapter 3: The Gaza Shari‘a Courts: an Overview
Chapter 4: The Daily Practice of Judges: Perception vs Reality
Chapter 5: The Sociology of Nafaqa (Maintenance)
Chapter 6: Obedience, Rebelliousness and Agency
Chapter 7: The Articulation of Gendered Parenthood: Care vs Guardianship
Chapter 8: Civil Society, Women’s Movement and Family Law Reform
Chapter 9: Change, a Step at a Time
Chapter 10: Epilogue
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