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Matrimonial property in Islamic law
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Akhtar, Rajnaara C. and Manjoo, Faizal Ahmed (2024) Matrimonial property in Islamic law. In: Briggs, Margaret and Hayward, Andy, (eds.) Research Handbook on Family Property and the Law. Research Handbooks in Family Law series . Cheltenham : Edward Elgar. ISBN 9781802204674 (In Press)
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Abstract
The concept of property ownership in Islamic legal discourse has changed over time. The notion of matrimonial (or family) property which is shared or jointly held is one of the most challenging ideas faced by Islamic property jurisprudence in modern times. Historically, property was deemed to be held by the spouses independently, with certain rights and responsibilities arising within a recognised nikah marriage. However, in the era of post-colonial states, women’s increased workforce participation on the one hand and economic inactivity or under-activity on the other, and unpaid social reproductive labour, there is a recognition that this regime is problematic. This chapter outlines the Islamic jurisprudence and state practice concerning matrimonial property generally, taking a global snapshot of the differing state practices by examining three prevalent approaches: no matrimonial property or shared assets; community of property/shared assets; and negotiated private contractual agreements.
Item Type: | Book Item | ||||||
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Subjects: | K Law [LC] > K Law (General) K Law [LC] > KBP Islamic law K Law [Moys] > KD Religious Systems K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica |
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Series Name: | Research Handbooks in Family Law series | ||||||
Publisher: | Edward Elgar | ||||||
Place of Publication: | Cheltenham | ||||||
ISBN: | 9781802204674 | ||||||
Book Title: | Research Handbook on Family Property and the Law | ||||||
Editor: | Briggs, Margaret and Hayward, Andy | ||||||
Official Date: | June 2024 | ||||||
Dates: |
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Number of Pages: | 544 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | In Press | ||||||
Re-use Statement: | This is a draft chapter/article. The final version is available in Research Handbook on Family Property and the Law edited by [insert editor(s) or author(s)], published in 20xx, Edward Elgar Publishing Ltd http://dx.doi.org/10.4337/978XXXXXXXXXX.000XX | ||||||
Copyright Holders: | Rajnaara Akhtar, Faizal Ahmed Manjoo | ||||||
Date of first compliant deposit: | 1 September 2023 | ||||||
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