Islamic Divorce in North America
A Shari'a Path in a Secular Society
- Publisher
- Oxford University Press
- Initial publish date
- Apr 2012
- Category
- General
-
Hardback
- ISBN
- 9780199753918
- Publish Date
- Apr 2012
- List Price
- $150.00
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Description
There is increasing attention among policy-makers and the public to the role of shari'a in the everyday lives of Western Muslims, raising negative associations and public fears among their American and Canadian neighbors. The most common way North American Muslims relate to shari'a is in their observance of Islamic marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. In the course of her research, Julie Macfarlane conducted hundreds of interviews with Muslim couples, and her book describes how their Islamic marriage and divorce processes are used in North America, and what they mean to those who abide by them.
The picture that emerges is of an idiosyncratic private ordering system, dominated by imams and other community leaders, which reflects a wide range of attitudes towards contemporary family values and changes in gender roles. The emergence of a western shari'a challenges readers to consider how to find the right balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.
About the author
Dr. Julie Macfarlane is a professor of law at the University of Windsor and an experienced mediator, facilitator, and conflict resolution educator. She was named a member of the Order of Canada in 2020. Macfarlane is the author of The New Lawyer: How Settlement Is Transforming the Practice of Law, and has researched and written extensively on the topics of dispute resolution and self-represented litigants.