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Maaike Voorhoeve (ed.), Family Law in Islam. Divorce, Marriage and Women in the Muslim World . London and New York: I.B.Tauris, 2012. £59.50 (Hardcover)

Maaike Voorhoeve (ed.), Family Law in Islam. Divorce, Marriage and Women in the Muslim World .... Maaike Voorhoeve has collected a set of essays whose authors write from the perspective of the anthropology and sociology of law. As social scientists, they are not concerned with the normative features of law, but only with how it operates in practice in specific contexts. Throughout this valuable volume, this descriptive position raises interesting questions about Islam and the Shari’a . In Muslim societies, their foundational constitutions often assign a privileged position to the framework provided by the Qur’an, the hadith and the Shari’a . In Iran Ruhollah Khomeini, claiming there was no need for ‘man-made laws’, proposed that the Qur’an and the Sunna contain all the laws necessary for human happiness. In the Egyptian Constitution (Article 2), the Shari’a is recognized as the source of law and in Tunisia Article 1 provides that Islam is the state religion and the President must be a Muslim. Yet in these societies, the legal field is an unstable contest between religious and secular courts. Contemporary Muslim societies are characterized by legal pluralism in which there are diverse legal sources – secular law, the Shari’a , ‘custom and habit’, legal precedent, constitutions, international law, and human rights conventions. Consequently laws governing http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Sociology of Islam Brill

Maaike Voorhoeve (ed.), Family Law in Islam. Divorce, Marriage and Women in the Muslim World . London and New York: I.B.Tauris, 2012. £59.50 (Hardcover)

Turner, Bryan S.
Sociology of Islam , Volume 1 (1-2): 124 – Jan 1, 2013
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Publisher
Brill
Copyright
© 2013 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Book Reviews
ISSN
2213-140X
eISSN
2213-1418
DOI
10.1163/22131418-00101011
Publisher site
See Article on Publisher Site

Abstract

Maaike Voorhoeve has collected a set of essays whose authors write from the perspective of the anthropology and sociology of law. As social scientists, they are not concerned with the normative features of law, but only with how it operates in practice in specific contexts. Throughout this valuable volume, this descriptive position raises interesting questions about Islam and the Shari’a . In Muslim societies, their foundational constitutions often assign a privileged position to the framework provided by the Qur’an, the hadith and the Shari’a . In Iran Ruhollah Khomeini, claiming there was no need for ‘man-made laws’, proposed that the Qur’an and the Sunna contain all the laws necessary for human happiness. In the Egyptian Constitution (Article 2), the Shari’a is recognized as the source of law and in Tunisia Article 1 provides that Islam is the state religion and the President must be a Muslim. Yet in these societies, the legal field is an unstable contest between religious and secular courts. Contemporary Muslim societies are characterized by legal pluralism in which there are diverse legal sources – secular law, the Shari’a , ‘custom and habit’, legal precedent, constitutions, international law, and human rights conventions. Consequently laws governing

Journal

Sociology of Islam – Brill

Published: Jan 1, 2013

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