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Islamic Family Law

Islamic Family Law
ISBN:  9781847035998
Published by:  Sweet & Maxwell
Publication Date:  24 Aug 2010
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Islamic Family Law is a practical book, which assists practitioners in meeting the needs of clients who wish to follow Muslim (Shar'ia) law - how to proceed with a case, what examples to cite and the most appropriate course of action. The book deals with the issues considered by the Shar'ia council including marriage and divorce, but will also include issues such as forced marriages and adoption, which are issues currently being dealt with at local authority level. Islamic Family Law explains the overlap with English law and provides a comprehensive explanation of the remedies available to Muslim clients.

Islamic Family Law explains best practices and includes checklists and case studies.


1. Introduction to Islam

2. Shari’ah Law
Shari’ah Law defined
Sources of Shari’ah Law
Applicability of Shari’ah Law to Muslims in Britain

3. Nikah – The Muslim Marriage
Nikah – marriage contract
Components of Nikah
Conditions of the Nikah

4. Forced Marriages
Concept of Consent
Relief under English Law for Forced Marriages

5. Pre–nuptial Contracts
Nikah as a quasi pre–nuptial contract
Enforceability of nikah as a contract under English Law

6. Dissolution of the Marriage – The Muslim Divorce
Types and Methods of Divorce
Concept of ‘Irretrievable Breakdown’ under Maliki Fiqh
Making use of Shari’ah Councils

7. Finances after Divorce
Obligation of Maintenance (nafaqah)
Ancillary Relief
Trusts of Land and Appointment of Trustees Act 1996 applications

8. Children
Best Interests of the Child
Specific Issue Applications

9. Adoption and Fosterage
Importance of Lineage and Identity in Islam
Permissibility of Adoption and Fosterage
Concept of Adoption and Fosterage under English Law
Compatibility of Shari’ah Law and English Law
Scope for British Muslims to adopt and foster

10. Wills
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