Ijtihad Network Islamic Jurisprudence
Written from an ethnographic perspective, the book, Applied Family Law in Islamic Courts: Shari’a Courts in Gaza, investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine.
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.
About the Author
Nahda Shehada is Senior Lecturer in Gender, Culture and Development at the Institute of Social Studies (ISS), Erasmus University, Rotterdam, The Netherlands. Her major area of interest is anthropology of Islamic law, particularly in the MENA region. She has published widely in books and leading international academic journals focussing on Islamic law.
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
Bibliographic Information
Title: Applied Family Law in Islamic Courts: Shari’a Courts in Gaza
Author: Nahda Shehada
Publisher: Routledge
Language: English
Length: 196 pages
ISBN: 9781138194670
Pub. Date: 2018-03-29
