Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context (1st ed. 2022) (New Directions in Islam)

Synopsis

This book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the ‘inevitable decay’ to which Max Müller says every religion is exposed? Or – if rephrased in terms of the research encapsulated within this book – are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies? Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtun culture generally does not reflect the spirit or the intent of consent as described in Hanafī law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states.

Copyright:

2022

Book Details

Book Quality:

Publisher Quality

ISBN-13:

9783030972516

Related ISBNs:

9783030972509

Publisher:

Springer International Publishing

Date of Addition:

04/11/22

Copyrighted By:

The Editor

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

Nonfiction, Parenting and Family, Religion and Spirituality, Law, Legal Issues and Ethics, Sociology

Submitted By:

Bookshare Staff

Usage Restrictions:

This is a copyrighted book.