Chapter 6: Matrimonial property in Islamic law
The concept of property ownership in Islamic legal discourse has changed over time. The notion of matrimonial (or family) property which is shared or jointly held is one of the most challenging ideas faced by Islamic property jurisprudence in modern times. Historically, property was deemed to be hel...
Αποθηκεύτηκε σε:
| Κύριοι συγγραφείς: | , |
|---|---|
| Μορφή: | Online |
| Γλώσσα: | Αγγλικά |
| Έκδοση: |
Edward Elgar Publishing
2024
|
| Θέματα: | |
| Διαθέσιμο Online: | https://directory.doabooks.org/handle/20.500.12854/138922 |
| Ετικέτες: |
Δεν υπάρχουν, Καταχωρήστε ετικέτα πρώτοι!
|
| _version_ | 1869526746511966208 |
|---|---|
| author | Akhtar, Rajnaara C Manjoo, Faizal Ahmad |
| author_browse | Akhtar, Rajnaara C Manjoo, Faizal Ahmad |
| author_facet | Akhtar, Rajnaara C Manjoo, Faizal Ahmad |
| author_sort | Akhtar, Rajnaara C |
| collection | Directory of Open Access Books |
| description | The concept of property ownership in Islamic legal discourse has changed over time. The notion of matrimonial (or family) property which is shared or jointly held is one of the most challenging ideas faced by Islamic property jurisprudence in modern times. Historically, property was deemed to be held by the spouses independently, with certain rights and responsibilities arising within a recognised nikah marriage. However, in the era of post-colonial states, women’s increased workforce participation on the one hand and economic inactivity or under-activity on the other, and unpaid social reproductive labour, there is a recognition that this regime is problematic. This chapter outlines the Islamic jurisprudence and state practice concerning matrimonial property generally, taking a global snapshot of the differing state practices by examining three prevalent approaches: no matrimonial property or shared assets; community of property/shared assets; and negotiated private contractual agreements. |
| format | Online |
| id | doab-20.500.12854ir-138922 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Edward Elgar Publishing |
| publisherStr | Edward Elgar Publishing |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1389222024-06-19T12:17:57Z Chapter 6: Matrimonial property in Islamic law Akhtar, Rajnaara C Manjoo, Faizal Ahmad Islamic matrimonial property law; Nikah; Community of property; Shared matrimonial assets; Shared assets LNM The concept of property ownership in Islamic legal discourse has changed over time. The notion of matrimonial (or family) property which is shared or jointly held is one of the most challenging ideas faced by Islamic property jurisprudence in modern times. Historically, property was deemed to be held by the spouses independently, with certain rights and responsibilities arising within a recognised nikah marriage. However, in the era of post-colonial states, women’s increased workforce participation on the one hand and economic inactivity or under-activity on the other, and unpaid social reproductive labour, there is a recognition that this regime is problematic. This chapter outlines the Islamic jurisprudence and state practice concerning matrimonial property generally, taking a global snapshot of the differing state practices by examining three prevalent approaches: no matrimonial property or shared assets; community of property/shared assets; and negotiated private contractual agreements. Published 2024-06-19T12:17:51Z 2024-06-19T12:17:51Z 2024-06-24 chapter 9781802204681 https://directory.doabooks.org/handle/20.500.12854/138922 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.e-elgar.com/shop/gbp/research-handbook-on-family-property-and-the-law-9781802204674.html https://www.elgaronline.com/edcollchap-oa/book/9781802204681/book-part-9781802204681-12.xml Edward Elgar Publishing Edward Elgar Publishing 10.4337/9781802204681.00012 10.4337/9781802204681.00012 01ceac28-75b4-492a-8eec-f9b98bc6b28c https://creativecommons.org/licenses/by-nc-nd/4.0/ 9781802204681 Edward Elgar Publishing Cheltenham, UK open access |
| spellingShingle | Islamic matrimonial property law; Nikah; Community of property; Shared matrimonial assets; Shared assets LNM Akhtar, Rajnaara C Manjoo, Faizal Ahmad Chapter 6: Matrimonial property in Islamic law |
| title | Chapter 6: Matrimonial property in Islamic law |
| title_full | Chapter 6: Matrimonial property in Islamic law |
| title_fullStr | Chapter 6: Matrimonial property in Islamic law |
| title_full_unstemmed | Chapter 6: Matrimonial property in Islamic law |
| title_short | Chapter 6: Matrimonial property in Islamic law |
| title_sort | chapter 6 matrimonial property in islamic law |
| topic | Islamic matrimonial property law; Nikah; Community of property; Shared matrimonial assets; Shared assets LNM |
| topic_facet | Islamic matrimonial property law; Nikah; Community of property; Shared matrimonial assets; Shared assets LNM |
| url | https://directory.doabooks.org/handle/20.500.12854/138922 |
| work_keys_str_mv | AT akhtarrajnaarac chapter6matrimonialpropertyinislamiclaw AT manjoofaizalahmad chapter6matrimonialpropertyinislamiclaw |