Reforming Family Law

Erscheinungsjahr 2020
ISBN: 978-1-108-72175-2
Verlag: Cambridge University Press

Buch, Englisch, Band 55, 285 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 418 g

Reihe: Cambridge Middle East Studies

As the only area of law that is still commonly termed 'Islamic law', family law is one of the most sensitive and controversial legal areas in all Muslim-majority countries. Morocco and Jordan both issued new family codes in the 2000s, but there are a number of differences in the ways these two states engaged in reform. These include how the reform was carried out, the content of the new family codes, and the way the new laws are applied. Based on extensive fieldwork and rich in sources, this book examines why these two ostensibly similar semi-authoritarian regimes varied so significantly in their engagement with family law. Dörthe Engelcke demonstrates that the structure of the legal systems, shaped by colonial policies, had an effect on how reform processes were carried out as well as the content and the application of family law.

Autoren/Hrsg.

Engelcke, Dörthe

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politikwissenschaft Allgemein
• Rechtswissenschaften Bürgerliches Recht Familienrecht

Inhaltsverzeichnis

1. Introduction; 2. Colonial legal legacies and state-building; 3. The contemporary legal systems; 4. The impact of international law; 5. The process of family law reform in Jordan; 6. The process of family law reform in Morocco; 7. Contested issues of Jordanian family law; 8. Contested issues of Moroccan family law; 9. The implementation of the 2004 law: the prevalence of multiple normativities; 10. Conclusion; Index.

Über Autor(innen)

Engelcke, Dörthe
Dörthe Engelcke is a senior research fellow at the Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany. She received her Ph.D. from St Antony's College, University of Oxford, in 2015 and was the co-winner of the 2016 BRISMES Leigh Douglas Memorial Prize for the best Ph.D. dissertation on a Middle Eastern topic awarded by a British University. Engelcke has held fellowships at the Islamic Legal Studies Program at Harvard Law School and the Lichtenberg-Kolleg, the Göttingen Institute of Advanced Study.