In Senegal, questions of gender, notably the regulation of marital relations, are hotly debated, and pit Islamic authorities against the government. While the Family Code of 1972 promotes women’s... Show moreIn Senegal, questions of gender, notably the regulation of marital relations, are hotly debated, and pit Islamic authorities against the government. While the Family Code of 1972 promotes women’s rights to get a divorce in court, local social realities are different. This study explores the public debate about family law and provides an ethnography of family law practice. It shows how women navigate thecontested spaces of family law as they try to change the terms their marriages or obtain divorce. The role of family is key. Women must work their kin to mobilize support. They may also interact with local authorities – the imam, the chef de quartier, the House of Justice, and the judge. This study shows that women draw on multiple and overlapping sets of norms and tend to invoke the state only as last resort. Behind the polarized debate hides a practice that is fluid. This is reflected in the relations between local authorities, who recognize and respect each other’s roles, even if they work from competing claims to authority. Show less
In recent years, fiqh al-aqalliyat, or Islamic law for Muslim minorities, has incited a great deal of interest among Muslim scholars. The growth of fiqh al-aqalliyat as a topic of debate is a... Show moreIn recent years, fiqh al-aqalliyat, or Islamic law for Muslim minorities, has incited a great deal of interest among Muslim scholars. The growth of fiqh al-aqalliyat as a topic of debate is a recognition of the relevance of Islamic law for a considerable number of Muslims living in non-Muslim countries, in particular in the West. It has revealed the complexities that Muslims face in reconstructing such laws in the context of migration and post-migration. Traditional Islamic law lacks provisions for Muslims living permanently in non-Muslim countries. Fiqh al-aqalliyat is an attempt to fill this gap and to reconstruct an Islamic legal theory to deal with questions of Islamic law for Muslims living under non-Islamic legal systems. Show less
Abdulkader Tayob, ISIM Chair at the University of Nijmegen, talks with Muhammad Khalid Masud about his early career in Islamic studies, his sources of inspiration, his role as a Muslim intellectual... Show moreAbdulkader Tayob, ISIM Chair at the University of Nijmegen, talks with Muhammad Khalid Masud about his early career in Islamic studies, his sources of inspiration, his role as a Muslim intellectual, and his experiences in Nigeria and in the Netherlands. Show less
In collaboration with Utrecht University, Leiden University, and the University of Amsterdam, the ISIM organized a workshop on the anthropology of Islamic law in Leiden from 14 to 15 March 2003.... Show moreIn collaboration with Utrecht University, Leiden University, and the University of Amsterdam, the ISIM organized a workshop on the anthropology of Islamic law in Leiden from 14 to 15 March 2003. Convened by Leon Buskens, Khalid Masud, and Annelies Moors, the workshop brought together a group of scholars working on Islamic law and practice in different parts of the world, in the fields of anthropology, history, and legal scholarship. Show less
The European Council for Fatwa and Research (ECFR), created in 1997, is one of the most remarkable initiatives in the developing field of jurisprudence for Muslim minorities living in the West.... Show moreThe European Council for Fatwa and Research (ECFR), created in 1997, is one of the most remarkable initiatives in the developing field of jurisprudence for Muslim minorities living in the West. Unlike the Fiqh Council of North America, established a few years earlier, the ECFR includes scholars from the Middle East, a sign that this particular legal discourse also affects believers in Muslim majority countries. Many of the issues at hand go beyond the state of post-migration. Consequently, the ECFR has to find a balance amongst a variety of views and expectations in Europe and beyond. Show less
Presently, more than one third of the world's Muslims are living as minorities in non-Muslim countries, a fact which has posed challenges not only for the host countries but also for the Muslims... Show morePresently, more than one third of the world's Muslims are living as minorities in non-Muslim countries, a fact which has posed challenges not only for the host countries but also for the Muslims themselves. Most Muslims perceive Muslim minorities as an integral part of the larger Muslim community, umma. Many insist that Muslims must be governed by Islamic law, often that of the country of origin. Home countries are expected to offer human, political, and financial resources in order for the minorities to live Islamically. This perception is quite problematic: on the one hand, it implies that while the Muslims have been living in these countries for three generations, their presence is seen as transitory - it cannot conceive of Muslims living permanently under non-Muslim rule; while on the other hand, this perception tends to imagine Muslim minorities as colonies of the Muslim world. Apart from the question of whether Muslim countries are in a position to play the role described above, other serious questions are raised for the future of the Muslim minorities. Show less
