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Muslim Family Law, Secular Courts and Muslim Women of India, Pakistan and Bangladesh

Alamgir Muhammad Serajuddin

出版	OUP Pakistan, 2011-02-24
主題	Law / Family Law / General
ISBN	01954796889780195479683
URL	http://books.google.com.hk/books?id=_f8cRQAACAAJ&hl=&source=gbs_api

註釋

Muslim family law is based on patriarchal family organization and male privileges, leading to legal and social discrimination against women, which is incompatible with contemporary notions of gender equality and social justice. By giving a liberal and pro-active interpretation to this law within the Islamic framework, the South Asian judiciary has shown that it is possible to adapt it to the needs of a forward-looking Muslim society. The book examines the extent to which judicial interpretation has liberalized this law, enlarged the dimensions of Muslim women's rights and contributed to secure gender equality and social justice to them. The book also argues that in the absence of legislation reflecting the ijma or consensus of the Muslim community, judicial activism is the only alternative agent of social change.