Dissertations / Theses on the topic 'Muslim Family Law'

This socio-legal study investigates the phenomenon of Islamic divorce in the UK. The background to the research problem is situated in discussions on Muslim women's rights in topics such as Shariah law, multiculturalism and legal pluralism. These may echo concerns that classical interpretation of Muslim family law (MFL) follows patriarchal practices that discriminate against Muslim women, whilst civil law is committed to gender equality as promoting social progress. The debate regarding the diasporic Muslim communities in Britain focuses on concepts such as multiculturalism and legal pluralism. Critics of MFL argue against policies that accommodate group rights and contend cultures socialise members to their designated status, with oppressive practices hidden in the private and domestic spheres, and specifically in the use of Shariah councils. Proponents, by contrast, argue for religious freedom, among other grounds. Many agree that further empirical research is required on the subject. This study addresses this empirical gap. The central research question asks, 'how do British-Bangladeshi Muslim Women (BBMW) pursue divorce in the UK?' and investigates the choices women made, as well as the role of experts, religion and culture in influencing decisions. It uses a phenomenological-inspired methodology, with data collection involving 27 in-depth interviews with BBMW, 12 interviews with experts, participant observation of Shariah Council hearings, and document analysis. Thematic analysis of data produced findings with conclusions applicable to the British-Bangladeshi Muslim community and to a wider field including legal practitioners and mediators, academics, policy-makers and others. The insights gained reveal the strong influence of religion and culture in establishing norms, dictating the importance of nikah, and in establishing the marriage, whilst the taboo of divorce hindered women from divorcing and affected them moving on, post-divorce. The community avoided professional mediation and viewed family disputes as a private matter. The diversity of Islamic opinions caused further confusion suggesting a need for a specific information reference point for British Muslims. The women displayed a multifaceted approach in dealing with civil and Islamic divorce, and utilised the different systems to their benefit, forming new mechanisms of securing religious divorce without the use of Shariah councils.

The Archbishop of Canterbury's speech on 'Civil and Religious Law in England', delivered a decade ago, attracted considerable public and academic attention. In the years that followed a 'Sharia debate' emerged, where traces of (legal) orientalism became especially visible in an essentialist portrayal of 'Sharia' as being in opposition to 'the West'. What was absent in this debate, which was conducted at the abstract level of compatibility-incompatibility, East-West, law-religion, is an analysis of the actual practices of family law of Muslims in contemporary Britain. People marry, divorce, bring up their children and deal with inheritance by resorting to a variety of norms such as Muslim law, English family law and customary law. Drawing on legal pluralism scholarship and elements of Pierre Bourdieu's theory of the field, this thesis investigates the emergence of British-Muslim family law as a site of citizenship. It is based on research focusing on solicitors offering Islamic legal services and advice in the UK and clients of such services. By focusing on the creative capacities of legal professionals as well as clients in navigating between English and Muslim family law, the thesis is an attempt to present an alternative narrative of British-Muslim family law, which may inform a different understanding to what is commonly perceived as 'informal' legal practices threatening the cohesion of citizens in a the nation-state. The thesis argues that private practice in Islamic legal services is a particularly pertinent case for analysis. This is because solicitors' day-to-day practice in dealing with cases in between Muslim and English law challenges the presumed incompatibility of 'Muslim and English' family law, 'the foreign and the native', or 'the oriental and the occidental'.

Includes bibliography.
What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the implementation of MPL [Muslim Personal Law] is examined in this thesis. It must be said at the outset that MPL has as yet not been applied in South Africa. The debate regarding its implementation has only begun. This thesis thus looks into the dynamics of this experience. Some aspects of the debate is also based on projections and comparative studies.

Nella rivoluzione silenziosa che i diritti di famiglia stanno attraversando negli ultimi decenni in Europa a seguito delle nuove tendenze socio-culturali, il diritto di famiglia musulmano è stato al centro di particolare attenzione, in quanto la comunità musulmana sta diventando una realtà visibile delle società pluralistiche europee. I dati empirici evidenziano che le disposizioni del diritto di famiglia musulmano vengono applicate in modo non ufficiale, in quanto non accolte all’interno dei sistemi legali europei. Al contempo, vi è l’esigenza di applicare queste disposizioni per la famiglia, in quanto strettamente legate al diritto religioso sia della sfera familiare che dell’identità religiosa. Questa situazione sta generando nuove sfide legali e sociali in Europa in quanto la mancanza di ufficialità ha portato a diritti di famiglia non tutelati e ad incertezze in sede legale. Inoltre, vi è una seria preoccupazione che ciò possa dare luogo all’interno delle società europee a comunità segregate che regolano le questioni riguardanti la famiglia al di fuori del controllo dello Stato. Da qui emergono notevoli responsabilità e problematiche complesse per i sistemi giuridici europei. Questa tesi si propone di discutere le ragioni fondamentali e le reali sfide del diritto di famiglia musulmano in Europa all’interno delle principali tematiche che seguono: in primis, il quadro giuridico del diritto religioso e della famiglia nell’applicazione del codice religioso di famiglia. In secondo luogo, l’applicabilità del Diritto Privato Internazionale nel riconoscimento e implementazione delle disposizioni del diritto di famiglia musulmano in Europa. In terzo luogo, il caso studio dell’applicazione non ufficiale del diritto di famiglia musulmano in Italia, comparato con i risultati di studi effettuati in altri paesi europei. Infine, le principali sfide relative alle questioni del pluralismo legale e dei diritti umani, incluso il quadro giuridico del diritto di famiglia musulmano. Ciò che è principalmente emerso è la complessità della tematica, dove è fondamentale adottare un approccio interdisciplinare a livello socio-legale, per trovare soluzioni concrete nelle società pluralistiche europee attraverso un maggiore coinvolgimento della legge di stato e una migliore comprensione delle sfide che la giurisprudenza e i musulmani affrontano.
Abstract In the silent revolution that family laws in Europe have witnessed over the past decades as a result of new social and cultural tendencies, Muslim family law has been the focus of particular attention since Muslims are becoming a visible part of European pluralistic societies. Empirical data shows that Muslim family provisions are being applied unofficially since there is no official accommodation within the European legal system. At the same time there is a need for these family provisions which are strongly connected with religious rights in family life as well as religious identity. This situation is bringing new legal and social challenges in Europe since the lack of officiality has led to unprotected family rights and legal uncertainty. Moreover, there is deep concern of creating segregated communities within the European societies that regulate their family issues outside the control of the state. All this brings to the scene important responsibilities and challenging issues for the European legal system. This thesis discusses the meaningful justifications and real challenges of Muslim family law in Europe in the following main areas: First, the legal framework of religious and family rights when applying a religious family code. Second, the applicability of International Private Law when recognizing and implementing Muslim family law provisions within Europe. Third, the unofficial Muslim family law applied in Italy, as a study case, in comparison to the results of studies in other European countries. Fourth, the main challenges when addressing and dealing with legal pluralism and human rights concerns, including Muslim family law. The major finding is the complexity of this issue, where an interdisciplinary socio–legal approach is essential in order to find concrete solutions for pluralistic European societies through the greater engagement of state law and a better understanding of the challenges that face the legal system and individual Muslims.

Due to the actions of radicals and extremists, many in the West have come to view Islam as a religion of gender inequality that perpetuates the severe oppression of women. However, there is actually great variation in women’s rights across Muslim countries. This thesis presents a theoretical framework seeking to explain this variation, by examining differences in family law. The theory supposes that variation can be explained by the strategic actions of political leaders. From this theory, I hypothesize that the variations in women’s rights come from the variation in family law, which in large, are due to the existence of groups threatening the power of the political leaders, and the leader’s subsequent understanding of this threat. Using a most similar systems research design, I examine 4 moderate Muslim countries, Turkey, Tunisia, Morocco, and Egypt. Through case study research, I find limited support for the above hypothesis.

Throughout Islamic history, Islamic schools of law (madhāhib) enjoyed tremendous authority. In addition, traditional religious institutions that have taught the doctrines of the various Islamic schools of law have also wielded similar authority within the Arab-Muslim states. However, Arab-Muslim intellectuals challenged the authority of these madhāhib both from within the madhāhib and from outside of them. As a result, consensus (ijmā`) reached by past jurists of the madhāhib, has also been challenged in favor of a new type of ijtihād known as collective ijtihād. This new method of ijtihād allows professional women to participate in the process of lawmaking alongside men as reforms are made to Islamic family law. As a consequence of this legal process, the authoritarian method of traditional consensus (ijmā`) has been weakened in favor of more inclusive methods which allow for the creation of laws that are more favorable to women. Over the course of the twentieth century there has been a dynamic and ongoing debate within both traditionalist and reformist circles of Arab-Muslim society regarding the topic of marriage. Muslim conversations regarding the marriage contract demonstrate that the debates over family law in general, and the marriage contract in particular, are complex and challenging. The fact that not all Arab-Muslim intellectuals and muftīs share the same opinion regarding the legal age of marriage for women, the role of the marriage guardian (walī) in marriage, or the right of women to conduct their own marriages, for example, illustrates this point. Even individuals from within the same Islamist party have vastly differing opinions. While some argue for the preservation of the Islamic tradition by the continued restriction of a wife's role in her marriage, others want to grant women broader agency in some aspects of the marriage contract. All intellectuals, traditionalists, Salafis, and reformists, however, draw on past Islamic authority--the Qur'anic text, the Sunna of the Prophet, and past jurists' opinions--in order to legitimize their argument in an effort to preserve the identity of Muslim society and its core foundation, the Muslim family. Chapter one of this dissertation introduces the origins of Muslim jurists' opinions and rulings in Islamic jurisprudence (fiqh). While the chapter outlines the opinions of the majority of jurists regarding the age of puberty (bulūgh) for men and women, the age of financial competency (rushd), and the legal age of marriage, it also illustrates the opinions of minority jurists who reject the marriage of minors outright. Chapter two demonstrates the opinions of numerous Arab-Muslim intellectuals, as well as the codification of some of the Arab-Muslim states' Personal Status Laws (PSLs), and the debates among intellectuals along with the evidence they cite to justify their opinions. Chapters three and four are concerned specifically with debates among Moroccan intellectuals. They also include a discussion of the history of debate over the Moroccan Mudawwana from its initial publication in 1957 through the present day. The chapters discuss the opinions of Moroccan intellectuals regarding some of the Articles of the Mudawwana and show the evidence presented by each side both for and against reforming the Mudawwana. Chapters three and four also present the opinions of intellectuals voiced during personal interviews I conducted in 2013. These interviews show how complex the task of compartmentalizing the various Arab-Muslim intellectuals' opinions may be when seeking to label them either traditionalist or reformist with respect to their views on the rights of women in marriage.

The thesis aims to explore the resolution of family disputes among the Muslim community in the UK. It examines in particular the application of faith-based med arb currently applied at Muslim religious bodies, Shari'ah Councils and the mediation provided by state mediation bodies under English law. To achieve this, the English statutory provisions, rules and regulations with regard to mediation are analysed. A particular focus is paid to government efforts and judiciary approaches towards encouraging the use of ADR (Alternative Dispute Resolution) methods to resolve disputes and achieve mutual agreement following a divorce. Selected Shari'ah Councils were visited during fieldwork to investigate and observe their operation, the procedure of the issuance of religious divorce and the application of med-arb in the process. This study is therefore conducted based on and with reference to the Islamic law method of med-arb (tahkim).

Questo lavoro intende analizzare il processo di evoluzione giuridica e sociale che ha operato nel mondo musulmano, con particolare riguardo alla condizione femminile e al diritto di famiglia nell’Islam. Date le connotazioni di specificità della giuridicità in ambito islamico, l’analisi delle modalità e degli strumenti con cui sono state portate avanti di volta in volta riforme e istituzionalizzazione di determinati ambiti giuridici consente di leggere l’Oggi con interessanti prospettive. Dopo una parte generale dedicata allo studio del diritto islamico e, in particolare, del diritto di famiglia, si è inteso analizzare il caso della Repubblica Islamica del Pakistan. Un caso oltremodo significativo nell’alternare Tradizione e Modernità e nelle peculiari evoluzioni istituzionali, sociali e politiche. È nella sua storia che si rintraccia sempre questa oscillazione, ma è soprattutto nella produzione normativa e nelle dinamiche sociali che si scopre quanto operino al suo interno meccanismi e movimenti di riforma che non esulano dai riferimenti islamici. Attraverso il periodo di fieldwork in loco, emerge l’immagine di un Paese non solo oggetto di un recente e contemporaneo processo di riforme legislative in materia penale e di diritto di famiglia, ma anche luogo di interessanti evoluzioni interpretative della giurisprudenza e di una società civile attiva e determinata verso l’affermazione di una “via musulmana alla modernità”.
This research aims to highlight the perspectives of reform within Islamic Family Law and in the field of women’s rights, focusing especially on the case of Pakistan. The study is structured in two main parts in the attempt to underline the dialectic between Tradition and Modernity. The first part is an analysis of the sources of Islamic Law, aimed to delineate, on one hand, the instruments of classical and reformist interpretation and the legal procedures which make possible an evolution of the Islamic law and, on the other hand, the influences of the customary practices, with special reference to Islamic Family Law. The second part focuses on the case of Pakistan. The purposes of this section are to analyze the reforms in the field of family law and women’s rights and to examine the significant trends and the debate addressing family law and the related eventual challenges and opportunities. As emerged during my fieldwork I spent in Pakistan, Islam per se cannot be considered the obstacle to modernization since many factors are affecting this process as patriarchal customary practices, poverty, lack of education and awareness, bureaucratic and judiciary inefficiencies. In this view, an effective reformation process could be started from social reforms, especially in the field of education, even the religious one, in order to produce an “attitudinal modernization” and a change in people’s mindset towards a culture of gender equity and respect.

Questo lavoro intende analizzare il processo di evoluzione giuridica e sociale che ha operato nel mondo musulmano, con particolare riguardo alla condizione femminile e al diritto di famiglia nell’Islam. Date le connotazioni di specificità della giuridicità in ambito islamico, l’analisi delle modalità e degli strumenti con cui sono state portate avanti di volta in volta riforme e istituzionalizzazione di determinati ambiti giuridici consente di leggere l’Oggi con interessanti prospettive. Dopo una parte generale dedicata allo studio del diritto islamico e, in particolare, del diritto di famiglia, si è inteso analizzare il caso della Repubblica Islamica del Pakistan. Un caso oltremodo significativo nell’alternare Tradizione e Modernità e nelle peculiari evoluzioni istituzionali, sociali e politiche. È nella sua storia che si rintraccia sempre questa oscillazione, ma è soprattutto nella produzione normativa e nelle dinamiche sociali che si scopre quanto operino al suo interno meccanismi e movimenti di riforma che non esulano dai riferimenti islamici. Attraverso il periodo di fieldwork in loco, emerge l’immagine di un Paese non solo oggetto di un recente e contemporaneo processo di riforme legislative in materia penale e di diritto di famiglia, ma anche luogo di interessanti evoluzioni interpretative della giurisprudenza e di una società civile attiva e determinata verso l’affermazione di una “via musulmana alla modernità”.
This research aims to highlight the perspectives of reform within Islamic Family Law and in the field of women’s rights, focusing especially on the case of Pakistan. The study is structured in two main parts in the attempt to underline the dialectic between Tradition and Modernity. The first part is an analysis of the sources of Islamic Law, aimed to delineate, on one hand, the instruments of classical and reformist interpretation and the legal procedures which make possible an evolution of the Islamic law and, on the other hand, the influences of the customary practices, with special reference to Islamic Family Law. The second part focuses on the case of Pakistan. The purposes of this section are to analyze the reforms in the field of family law and women’s rights and to examine the significant trends and the debate addressing family law and the related eventual challenges and opportunities. As emerged during my fieldwork I spent in Pakistan, Islam per se cannot be considered the obstacle to modernization since many factors are affecting this process as patriarchal customary practices, poverty, lack of education and awareness, bureaucratic and judiciary inefficiencies. In this view, an effective reformation process could be started from social reforms, especially in the field of education, even the religious one, in order to produce an “attitudinal modernization” and a change in people’s mindset towards a culture of gender equity and respect.

Magister Theologiae - MTh
This study will research one of the objectives of Maqāsid al- Sharī’ah (Objectives of the Islamic Law) namely Ḥifẓ al-Nasl better known as the protection of progeny as well as family planning. 1. Sharī’ah (Islamic Law) has provided the principles that govern any human activity and ensures protection of life, ease and pleasure. The Qur’ān and the Sunnah (Prophetic tradition) both emphasize flexibility and general principles and guidelines that may be applied to all areas of life. Thus, issues relating to marriage, protection of progeny, sexuality, and even contraception in Islām have also been accommodated in the Qur’ān and Sunnah. Moreover, contraception in relation to family planning have a long history in Islām and has significance within the broader Islamic ethos of marriage and sexuality. This study aims to sketch the historical development of Maqāsid al-Sharī’ah as well as its formulation and subsequent development.

Inheritance is a woman's major means of access to property across the world and this thesis sets out to explore how Muslim women in Mauritius engage with inheritance matters within a situation of legal pluralism. For Muslims in Mauritius, the institution of inheritance appears to be subjected to two types of law in the form of the official secular civil law and unofficial religious Islamic law. The most distinctive difference between the two laws regarding a woman's inheritance is that civil law grants equality in the allocation of shares, whereas under Islamic law, a woman is entitled to half the share of her male counterpart ('2:1'). While the '2:1' feature of Islamic law of inheritance is intrinsic to the kind of research that is undertaken here, this study adopted a 'neutral' position, viewing the differences pertaining to the 'ideals' of inheritance entitlements between a male and female as a divergence between two forms of law. The intricacy and sensitivity that is associated with the rule was not directly 'questioned', but its significance in Muslim women's lives and its wider implications in the process of intergenerational transmission of assets in the Mauritian context were engaged from different angles. This thesis explored through Muslim women's lived experiences, articulated viewpoints and attitudes how these two legal systems affect inheritance operation among Muslim families in practice, and specifically, how women deal with their inheritance matters in a situation involving different sets of rules. It aimed to discover how the official civil and unofficial Islamic rules interact and the reasons for any interactions, examining the dynamics of the wider social order, contexts and family structures, and their connection with the civil and Islamic laws. This study was not specifically concerned with size and quantity' of Muslim women's inheritance shares and under which law shares were received. Rather, it sought to discover women's 'ideas' of inheritance, the meanings they ascribe to the event of inheriting, the significance of any forms of inheritance they receive or want to receive and their subjective perceptions of the rules affecting their inheritance matters. As such, this exploration concerned an examination of the forces - relating to 'family conventions', social norms, state law, Islamic law and social processes at work in Muslim women's inheritance dealings and how they engage with them in the course of their dealings. Interviews with Muslim women in Mauritius uncovered generally pragmatic attitudes to inheritance matters amidst the elaborate structure of law, with the most important and effective 'inheritance tools', being the quality and closeness of family relationships, and family dialogues. Women in Mauritius value inheritance for its emotional significance in addition to economic benefits, with meanings attached to it far beyond simplistic considerations of 'equality' or '2:1'. For women, inheritance is not confined to land, money, jewellery or other obvious forms of tangible property, but also financial expenditure towards education, contributions to the construction of homes and business support. Accordingly, inheritance is a lifetime process and not merely a post-mortem event, which is shaped by parents' resources, family relations, marriage and marital economics. Civil and Islamic laws serve as a frame of reference to inheritance practices, but have a tangential position in the wider operation of inheritance. It was discovered that an influential legal factor in many women's decision-making about inheritance was the form of marriage, pure nikah (Islamic marriage) or nikah and civil marriage, with the former giving rise to a separate property regime and the latter generally 'community of property'. By probing into the family milieux and into women's interpersonal relationships, this research discovered a highly complex inheritance operation. The complexity arises from the weave of rules of different nature and with different orientations, the sensitivity associated with inheritance matters and family relationships, the involvement of considerations relating to morality, conscience, reason and emotions. The family milieu is where the diverse rules are 'churned' and it generates its own structure of 'law of inheritance' which is the 'family-woven law'.

This cross disciplinary socio-legal research study provides a unique contribution to the study of British Muslims, faith based ADR mechanisms and the state. The existence of informal religio-centric dispute resolution forums exemplifies a form of legal pluralism in action. The study investigated the approach to Islamic family law and dispute resolution of a sample of 250 British Muslims aged 18-45, primarily Britishborn, university educated and practicing their faith or understanding their religious obligations. Empirical research was undertaken using both quantitative and qualitative research methods, and conclusions were drawn by assessing the findings using Grounded Theory methodology. Empirical research focussing on younger generations of British Muslims and the transformative processes of the Islamic legal traditions impacting on the application of religious laws are absent. The present study is unique in a number of regards, with a focus on the subject group’s interaction with, and perception of, dispute resolution forums available for resolving Islamic family law disputes. This thesis argues that British Muslims from within the socio-demographic profile of the subject group: 1) believe faith based ADR mechanisms such as Shariah Councils are necessary for providing expertise on Islamic family law issues, however in their present form they are imperfect; 2) believe Shariah Councils are more competent than national courts in dealing with Islamic law issues; 3) have plural approaches to negotiating law, culture and religion; and 4) believe there should not be a separate legal system for Muslims in Britain, as this is separatist and divergent from their identities as ‘British Muslims’ which is an evolving self-identification. Participants displayed numerous perceptions about the manner and form of interaction between British Muslims, faith based ADR mechanisms and the British legal system. Six categories are coined in the research findings exploring these opinions, the most popular being a ‘rights-based evaluation promoting Interlegality’ and ‘necessity for validation of religious beliefs’.

Le rétablissement de l’égalité rompue entre les époux était l’une des questions épineuses qui ont motivé les différentes réclamations des réformes du droit de la famille au Maroc.La nouvelle voie de divorce pour discorde s’inscrit dans cette logique qui est d’octroyer à la femme le droit de se libérer du lien de mariage sans qu’elle ait besoin d’établir aucun motif, tout comme le droit du mari à la répudiation.La procédure de discorde, d’origine purement religieuse, est appelée à assurer une double fonction, d’une part, répondre à la question du référentiel religieux, d’autre part, rétablir l’égalité entre les sexes lors de la rupture du lien conjugal. Mais la réglementation législative de cette institution cache un consensus entre les deux courants : conservateur traditionaliste et celui favorable à la promotion des droits de la femme, ce qui ne manque de se répercuter sur la pratique jurisprudentielle et l’appréhension doctrinale de la procédure de divorce et menace l’existence même des motifs classiques de divorce voire de la répudiation
Restoring the equality disrupted between spouses is one of the big issues which motivated the claims to reform the family code in Morocco.The new divorce on the ground of discord is to grant women the right to free herself from the marriage bond without providing a cause, same as the right of men of repudiation.The discord procedure, which is purely religious, aims at answering the religious terms of reference and restoring the equality between men and women when the marital bond is terminated.However, the legislative regulation in this institution hides a consensus between the two parties: conservative and traditionalist vrs the one in favor of promoting women’s right. This affect the practice of the law case and the apprehension of doctrinal nature of the divorce procedure. It also presents a threat to the classic causes of divorce and even to the repudiation

Ce travail a pour objet d’étudier la confrontation entre deux systèmes juridiques distincts en matière de mariage et de ses effets. Il s’agit de la réception du droit marocain de la famille qui est d’essence religieux par l’ordre juridique français à travers son droit international privé, un ordre juridique laïque. La première partie de cet ouvrage est consacrée à la compréhension du mariage marocain et de ses effets qui est indispensable pour la réception d’institutions étrangères par l’ordre juridique français. Pour y parvenir, il faut saisir l’évolution de l’institution matrimoniale depuis la création du premier Code de la famille marocain, jusqu'à la réforme de ce dernier en 2004. Elle met en évidence l’assimilation par le législateur marocain du mariage et de ses effets dans un Code de la famille moderne tout en gardant son essence religieuse. Cette approche indispensable conduit à comprendre la portée de la réforme du mariage marocain de 2004 et la difficulté que connait son application. Comprendre ses limites permet de saisir la conception de la notion de famille dans le Maroc d’aujourd’hui. La deuxième partie est consacrée à la réception de cette notion à travers le mariage marocain et ses effets par le droit international privé français. L’étude de l’application des règles de droit international privé montre la difficulté qu’a la loi marocaine à s’appliquer sur le territoire français malgré l’existence de la convention franco-marocaine du 10 aout 1981. Le droit marocain se trouve, malgré sa compétence, soit devant une qualification difficile de ses institutions inconnues de l’ordre juridique français et dans ce cas, il est dénaturé. Soit il est face à l’intervention du mécanisme de l’exception de l’ordre public puisque ses institutions et ses règles sont considérés comme choquant les principes fondamentaux du for et par conséquent, il est écarté. En analysant la méthodologie du droit international privé français, un certain relativisme découle dans l’application de ses modalités ce qui envoie à s’interroger sur les limites du respect des valeurs fondamentales du for. Un relativisme qui se débat entre poursuivre le but du droit international privé d’harmoniser deux systèmes
This work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems

La présente thèse tente d'aborder, pour la première fois, une analyse comparative du rôle que la musique liturgique a joué dans le processus de construction de l'image sacrée des souverains de la maison Bourbon de France et d'Espagne dans le cadre des cérémonies religieuses célébrées aux cours de Madrid et de Versailles pendant les dernières décennies de l'Ancien Régime, ainsi que du rôle que l'exemple de la Chapelle pontificale a joué dans ce processus. Le but principal de cette étude a été d’apporter un cadre conceptuel et un modèle d'analyse qui permettraient d'aborder une étude globale de la musique sacrée destinée à ces cérémonies, sous un angle plus proche de l'histoire culturelle que de la musicologie traditionnelle, mais toujours partant de l’analyse des aspects performatifs qui permettaient dévoiler l’interaction réciproque entre la musique avec le contexte cérémonial, politique et historique duquel a fait partie. Tout au loin de six chapitres on examine les éléments qui conformaient les cérémonies de la liturgie d’État, conçues à cette époque comme des représentations sacrées : les différentes scènes où avaient lieu, les acteurs, le cérémonial, ainsi que le fonctionnement des différents styles de chant utilisés pour solenniser aussi bien les cérémonies ordinaires que les extraordinaires célébrées à Rome, à Madrid et à Versailles entre 1745 et 1789. Cela comprenait non seulement les œuvres de musique sacrée produites ad hoc par les maîtres de chapelle, mais aussi d’autres musiques, comme le plain-chant, le contrepoint où le faux-bourdon, qui faisant partie de ce même système de représentation étaient parfois exécutés par l’improvisation ou la mémorisation
This thesis attempts, for the first time, to address a comparative analysis of the role that liturgical music played in the process of building the sacred image of the sovereigns of the Bourbon House of France and Spain as part of the religious ceremonies celebrated in Madrid and Versailles during the last decades of the Ancien Régime, as well as the role that the example of the Pontifical Chapel played in this process. The main purpose of this study was to provide a conceptual framework and analytical model that would allow a global study of sacred music for these ceremonies to be approached from a perspective closer to cultural history than traditional musicology, but always starting from the analysis of the performative aspects that revealed the reciprocal interaction between music and the ceremonial, political and historical context of which it was a part. Along six chapters, we examine the elements that shaped the ceremonies of the State liturgy, conceived at that time as sacred representations: the different scenes in which they took place, the actors, the ceremonial, as well as the functioning of the different styles of singing used to solemnize both the ordinary and extraordinary ceremonies celebrated in Rome, Madrid and Versailles between 1745 and 1789. This included not only sacred music works produced ad hoc by the choirmasters, but also other music, such as plainchant, counterpoint or faux-bourdon, which were sometimes performed by improvisation or memorization as part of this same system of representation

Diese Arbeit bietet eine solide theoretische Grundlage zu Philanthropie und religiös motivierten Spendenaktivitäten und deren Einfluss auf Wohltätigkeitstrends, Entwicklungszusammenarbeit und einer auf dem Gedanken der sozialen Gerechtigkeit beruhenden Philanthropie. Untersucht werden dafür die Strukturen religiös motivierte Spenden, für die in der islamischen Tradition die Begriffe „zakat“, „Waqf“ oder im Plural auch „awqaf-“ oder „Sadaqa“ verwendet werden, der christliche Begriff dafür lautet „tithes“ oder „ushour“. Aufbauend auf diesem theoretischen Rahmenwerk analysiert die qualitative und quantitative Feldstudie auf nationaler Ebene, wie die ägyptische Öffentlichkeit Philanthropie, soziale Gerechtigkeit, Menschenrechte, Spenden, Freiwilligenarbeit und andere Konzepte des zivilgesellschaftlichen Engagements wahrnimmt. Um eine umfassende und repräsentative Datengrundlage zu erhalten, wurden 2000 Haushalte, 200 zivilgesellschaftliche Organisationen erfasst, sowie Spender, Empfänger, religiöse Wohltäter und andere Akteure interviewt. Die so gewonnen Erkenntnisse lassen aussagekräftige Aufschlüsse über philanthropische Trends zu. Erstmals wird so auch eine finanzielle Einschätzung und Bewertung der Aktivitäten im lokalen Wohltätigkeitsbereich möglich, die sich auf mehr als eine Billion US-Dollar beziffern lassen. Die Erhebung weist nach, dass gemessen an den Pro-Kopf-Aufwendungen die privaten Spendenaktivitäten weitaus wichtiger sind als auswärtige wirtschaftliche Hilfe für Ägypten. Das wiederum lässt Rückschlüsse zu, welche Bedeutung lokale Wohltätigkeit erlangen kann, wenn sie richtig gesteuert wird und nicht wie bislang oft im Teufelskreis von ad-hoc-Spenden oder Hilfen von Privatperson an Privatperson gefangen ist. Die Studie stellt außerdem eine Verbindung her zwischen lokalen Wohltätigkeits-Mechanismen, die meist auf religiösen und kulturellen Werten beruhen, und modernen Strukturen, wie etwa Gemeinde-Stiftungen oder Gemeinde-„waqf“, innerhalb derer die Spenden eine nachhaltige Veränderung bewirken können. Daher bietet diese Arbeit also eine umfassende wissenschaftliche Grundlage, die nicht nur ein besseres Verständnis, sondern auch den nachhaltiger Aus- und Aufbau lokaler Wohltätigkeitsstrukturen in Ägypten ermöglicht. Zentral ist dabei vor allem die Rolle lokaler, individueller Spenden, die beispielsweise für Stiftungen auf der Gemeindeebene eingesetzt, wesentlich zu einer nachhaltigen Entwicklung beitragen könnten – und das nicht nur in Ägypten, sondern in der gesamten arabischen Region. Als konkretes Ergebnis dieser Arbeit, wurde ein innovatives Modell entwickelt, dass neben den wissenschaftlichen Daten das Konzept der „waqf“ berücksichtigt. Der Wissenschaftlerin und einem engagierten Vorstand ist es auf dieser Grundlage gelungen, die Waqfeyat al Maadi Community Foundation (WMCF) zu gründen, die nicht nur ein Modell für eine Bürgerstiftung ist, sondern auch das tradierte Konzept der „waqf“ als praktikable und verbürgte Wohlstätigkeitsstruktur sinnvoll weiterentwickelt.
This work provides a solid theoretical base on philanthropy, religious giving (Islamic zakat, ‘ushour, Waqf -plural: awqaf-, Sadaqa and Christian tithes or ‘ushour), and their implications on giving trends, development work, social justice philanthropy. The field study (quantitative and qualitative) that supports the theoretical framework reflects at a national level the Egyptian public’s perceptions on philanthropy, social justice, human rights, giving and volunteering and other concepts that determine the peoples’ civic engagement. The statistics cover 2000 households, 200 Civil Society Organizations distributed all over Egypt and interviews donors, recipients, religious people and other stakeholders. The numbers reflect philanthropic trends and for the first time provide a monetary estimate of local philanthropy of over USD 1 Billion annually. The survey proves that the per capita share of philanthropy outweighs the per capita share of foreign economic assistance to Egypt, which implies the significance of local giving if properly channeled, and not as it is actually consumed in the vicious circle of ad-hoc, person to person charity. In addition, the study relates local giving mechanisms derived from religion and culture to modern actual structures, like community foundations or community waqf that could bring about sustainable change in the communities. In sum, the work provides a comprehensive scientific base to help understand- and build on local philanthropy in Egypt. It explores the role that local individual giving could play in achieving sustainable development and building a new wave of community foundations not only in Egypt but in the Arab region at large. As a tangible result of this thesis, an innovative model that revives the concept of waqf and builds on the study’s results was created by the researcher and a dedicated board of trustees who succeeded in establishing Waqfeyat al Maadi Community Foundation (WMCF) that not only introduces the community foundation model to Egypt, but revives and modernizes the waqf as a practical authentic philanthropic structure.

M.A.
The aim of this study is to examine the principles which scholars have developed in regard to family planning in Islam. The thesis concentrates on three main areas of family planning viz., contraception, abortion and artificial reproduction. Prior to these three areas being discussed in detail, a brief analysis of the concept of marriage is outlined. Birth control from the Islamic Juridical perspective is discussed, wherein the various contraceptive techniques and devices is illuminated. Views expressed by classical authorities, medical professionals and contemporary experts in regards to the permissibility or prohibition of contraception is given. The study thereafter proceeds to make an appraisal of abortion in Islam. Islamically, abortion is generally prohibited, but it is permitted under extreme extenuating circumstances. This is outlined. The question of artificial reproduction in the case of infertility is discussed whereby scientists seem to have usurped the authority of God, contrary to the teachings of Islam. However, under certain stringent conditions the permissibility of artificial insemination is analyzed. Finally, certain aspects which could not be covered in the scope of this thesis have been left over for future research.

The study investigated Zimbabwean Christian and Muslim women who had experienced domestic violence with a view to finding out the extent to which these women used provisions of the Domestic Violence Act of 2006. The study was conducted in urban Masvingo and its surroundings. The methodology applied to the empirical investigation was qualitative and was informed by the phenomenological, feminist and pragmatic theoretical frameworks. Data was collected, by means of in-depth semi-structured interviews, from 30 participants, 22 Christian and 8 Muslim, who were selected using purposive sampling and snowball sampling techniques. In investigating the women’s experiences, some questions guided the study. These include: Where and to what extent does a select group of Christian and Muslim women who fall victim to domestic violence normally seek help? How do religious and cultural beliefs and practices influence the response to domestic violence by the abused as well as those to whom they report? To what extent do religious communities prevent selected victims of domestic violence from seeking legal assistance? Data was analysed by coding responses according to themes. The study revealed that the participants perceived domestic violence as having diverse causes and most of them saw their religion as crucial in addressing their plight. It emerged that a majority of the participants sought help from their religious communities as well as relatives and friends. Mixed responses emanated from these sources of help. The most common response, based largely on religious and cultural beliefs, was to encourage participants to avoid reporting to authorities. It also emerged that most of the participants were not willing to seek help from the police, courts or legal practitioners to seek redress because of the advice they received as well as their own internalised beliefs. Religious, social, and economic factors prevented most participants from appealing to provisions of the Domestic Violence Act.It was concluded that the Zimbabwean Domestic Violence Act had limited usefulness for participants because of religious, social and economic factors. It was recommended that if relevant stakeholders could jointly work together, domestic violence would be alleviated. Recommendations for further research were also made.
Religious Studies & Arabic
D. Litt. et Phil. (Religious Studies)

This diploma thesis discusses phenomena of parallel legal norms applicable in the Great Britain. There is guaranteed enforceability of those parts of the Islamic law, which deals with family and inheritance matters in the United Kingdom. This phenomenon is result of decades lasting process going back to the colonialism. Given the current events such as so called migration crisis in the Europe and self-declaration of "Islamic State", the question of religious law of minorities become priority theme of public discourse and is also topic of common debates between critics and advocates of normative diversity. Crucial incident that influenced public debate, especially reflection of success rate of immigrants' integration, had been the London bombings of 7/7 2005. In the thesis are presented specific examples of clash of British Common Law and the Islamic Law. The force of disintegration is Salafism that affects Muslim minorities and which is imported to the UK primarily from Saudi Arabia. The online Fatwas, a very problematic issue, is dealt with in the end of the thesis as well. Given the impossibility to regulate influence of the internet, online fatwas have profound effect over vulnerable youngsters. Keywords: Islam, Islamic Law, Great Britain, Sharia, Islamic Family Law, Islamic Inheritance Law,...

La ricerca considera il caso studio israeliano nel quadro dell'analisi delle mutazioni del diritto musulmano in epoca moderna e contemporanea e si propone come obiettivo principale quello di fornire una descrizione e una chiave di lettura il più possibile attuale e completa della condizione giuridica della donna musulmana palestinese in Israele. A tal proposito, propone un'analisi dettagliata delle materie di statuto personale e diritto di famiglia che trovano espressione all'interno delle corti sciaraitiche israeliane. La ricerca affianca a questo primo obiettivo specifico due ulteriori finalità. La prima, inquadrabile in una cornice socio-politica, consiste nel considerare le dinamiche relazionali esistenti tra minoranza palestinese e maggioranza ebraica a partire dai rapporti di interazione tra cittadini palestinesi e istituzioni giuridiche israeliane. La seconda, di natura più propriamente giuridica, è volta a riconoscere, all'interno del contesto israeliano, l'esistenza di un sistema di pluralismo giuridico che ha consentito (almeno parzialmente) la conciliazione tra tradizioni giuridiche apparentemente “concorrenti”.
The main aim of the study is to provide a complete and up to date description of the juridical status of Palestinian Muslim women in Israel in so far as matters of personal status and family law are concerned. This main goal is flanked by two secondary purposes. The first one, contextualized in a more socio-political framework, is to analyze the dynamic relations existing between the Palestinian minority and the Jewish majority looking at the interactions between the Palestinian citizens of Israel and the Israeli juridical institutions. The second one, is to define if and how the pluralistic legal system of Israel has offered fertile ground for a conciliation of concurrent and competitive (at least apparently) juridical traditions.

This thesis examined an interactive, intergenerational gallery entitled MoMA Art Lab: People, located within the Museum of Modern Art in New York City. It is composed of various stations that visitors can explore, which include activities appropriate for people of all ages. The motivation for this research came after noticing a lack of family programming in art museums that truly engaged both the adults and children in family groups. Often the children would be active but the parents would sit passively nearby. This was not the case in the MoMA lab, where people of varying ages interacted with both the stations and each other as they explored the activities. This study sought to focus on the aspects of the lab that most often led to the engagement of adults who visited the lab as part of an intergenerational group. In order to examine possible reasons why the lab was able to engage adults, I conducted a case study that involved observing nine groups who entered the lab, interviewing seven of them, and also interviewing five educators in the Family Programs department who held significant roles in the development and running of the lab. The findings revealed that the aspects of MoMA Art Lab: People that most engaged adults were stations focused on art-making and were designed in a way conducive to conversation.
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碩士
大仁科技大學
文化創意產業研究所
107
This study attempted to investigate how I-Lan Museum Family has promoted the inheritance and innovation of local cultures as well as the problems it has encountered in the implementation process. Using literature analysis, participant observation, and in-depth interview methods, this study analyzed the actions that I-Lan Museum Family has taken over the past 18 years in preservation of cultural relics, traditional craftsmanship, historical space, and natural ecology, participation in school and community education, development of the cultural industry, promotion of experiential activities, organization of festival activities, and development of cultural and creative products. Besides, this study also explored the problems it has encountered due to environmental change and its future outlook. After the analysis, this study drew five conclusions as follows: (1) I-Lan Museum Family has been developing steadily, and its members highly identify with the family. (2) I-Lan Museum Family has made significant achievements in the promotion of I-Lan local cultures. (3) The members of I-Lan Museum Family are actively engaged in promoting local cultural innovation. (4) I-Lan Museum Family has a tendency to develop towards local cultural innovation. (5) The problems with the development of I-Lan Museum Family include: insufficient human resources, lack of funds, idea difference, and policy change. With regard to the development problems faced by I-Lan Museum Family, based on the coping strategies and the future outlook of I-Lan Museum Family, this study proposed a few suggestions for I-Lan Museum Family and the government. Suggestions for I-Lan Museum Family: (1) Cultivate human resources, (2) Seek international development, (3) Strengthen cooperation networks, and (4) Conduct performance evaluation on a regular basis. Suggestions for the government: (1) Pay greater attention to the preservation and transmission of local cultures, and (2) Integrate local cultural networks and industrial relationships.