Overview
- Draws on original empirical research to explore and analyse the relationship between Islamic law & cultural practise
- Considers the extent to which law reform could protect the rights of Muslim women and men
- Explores the practical and attitudinal entanglement of religious principles with cultural practice
Part of the book series: New Directions in Islam (NDI)
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Table of contents (9 chapters)
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Front Matter
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Marriage, Culture, and The Law
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Front Matter
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Finding the Divergences Between Cultural Practice and Islam
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Front Matter
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Implications, Consequences, and Possible Solutions
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Front Matter
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Back Matter
Keywords
About this book
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 Pashtunculture 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.
Authors and Affiliations
About the author
Hafsa Khan Pirzada completed her undergraduate in Law, before undertaking her doctoral research in the interplay between culture and Islam. She is currently a Research Fellow at Griffith University, Australia.
Bibliographic Information
Book Title: Islam, Culture, and Marriage Consent
Book Subtitle: Hanafi Jurisprudence and the Pashtun Context
Authors: Hafsa Pirzada
Series Title: New Directions in Islam
DOI: https://doi.org/10.1007/978-3-030-97251-6
Publisher: Palgrave Macmillan Cham
eBook Packages: Religion and Philosophy, Philosophy and Religion (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-030-97250-9Published: 12 April 2022
Softcover ISBN: 978-3-030-97253-0Published: 13 April 2023
eBook ISBN: 978-3-030-97251-6Published: 11 April 2022
Series ISSN: 2946-2991
Series E-ISSN: 2946-3009
Edition Number: 1
Number of Pages: XXV, 296
Number of Illustrations: 2 b/w illustrations
Topics: Sociology of Religion, Religious Studies, general, Islam, Common Family Law