Secular Court-Ordered Divorces: What Modern <i>Fatāwā</i> and Canadian Imams Say

نویسندگان

چکیده

Abstract Many Canadian Muslim couples are hesitant to resort civil legal processes and attempt resolve their disputes within the religious community. Islamic law’s exclusion of non-Muslim judges from holding judicial authority in certain family law matters limits feasibility aligning commands with court orders. By extrapolating contemporary opinions ( fatāwā , sing. fatwā ) issued by institutions narrating experiences imams, this article documents views both researchers practitioners, finding that neither holds secular court-ordered divorces contested husband suffice as a form marriage dissolution. This concludes imams -issuing bodies call for development extra-judicial entities apply Alternative Dispute Resolution (ADR) procedures manner recognized authorities.

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ژورنال

عنوان ژورنال: Canadian Journal of Law and Society

سال: 2023

ISSN: ['1911-0227', '0829-3201']

DOI: https://doi.org/10.1017/cls.2023.8