Between Sharīʿa, State Law and Communal Norms: The Socio-Legal Consequences of the Dissolution of Mixed Marriages

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Abstract

This chapter sheds light on the socio-legal implications of the dissolution of ‘mixed’ marriages. By analyzing two legal cases decided by Israeli sharīʿa and civil courts, the chapter shows how such dissolution transforms the map of social conflicts and coalitions that was formed when the marital union was established. It illustrates how the ex-spouses’ families and communities are drawn into the custody struggles following the divorce, and how communal/religious courts may side with the spouse of the same community/religion.
Original languageEnglish
Title of host publicationUses of the Past
Subtitle of host publicationSharī'a and Gender in Legal Theory and Practice in Palestine and Israel
EditorsIrene Schneider, Nijmi Edres
Place of PublicationWiesbaden
PublisherHarrassowitz Verlag
Pages183-202
Number of pages20
ISBN (Print) 9783447111546
DOIs
StatePublished - 2018

Publication series

NameStudies on Islamic Cultural and Intellectual History

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