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Canadian Association of Law Libraries Association Canadienne des Bibliothèques de Droit 47 th Annual Conference 47e Congress Annuel. Monday, May 25 th And God Made Law: Talmudic and Shariah Law: Introduction and Discussion of their Use in Canada. Pascale Fournier

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Presentation Transcript
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Canadian Association of Law LibrariesAssociation Canadienne des Bibliothèques de Droit47th Annual Conference47e Congress Annuel
slide2
Monday, May 25thAnd God Made Law: Talmudic and Shariah Law: Introduction and Discussion of their Use in Canada

Pascale Fournier

slide4

Places of Departure and Arrival: Mahr’s Internal/External Pluralism

E

Legal Pluralism

Tunisia

NE

Formal Equality

E

Egypt

Malaysia

NE

Substantive Equality

E

NE

places of departure mahr s internal pluralism
Places of Departure: Mahr’s Internal Pluralism

French Civil &

Islamic Law

Western National

& Islamic Personal Law

English Common Law,

Islamic Law & Adat

Egypt

Malaysia

Tunisia

No Fault

Divorce

Talaq, Faskh

& Khul divorce

Low Mahr

because

of

Pemberian

Khul Divorce

& Court-based

Talaq & Faskh

Divorce

Long & costly

Faskh =

Many Khul

Very Low

Mahr

places of arrival mahr in western courts
Places of Arrival: Mahr in Western Courts

Identity

Legal Pluralism

(multiculturalism)

Relating

to Khul

Utterly foreign

Islamic

Custom

Antenuptual

Agreement

Marriage

Agreement

Vagueness

Lack of

Consent

Formal Equality

(secularism)

Legal

Debt

Contractual

Condition

Of Marriage

Abstractness

Payable even

if Wife

started divorce

Substantive Equality

(gender equality)

Substantial

Justice

Public

Policy

Readjusted

Alimony

Unjust

Enrichment

Equity

the bad man and bad woman in the balance
The Bad Man and Bad Woman in the Balance

Bad Man

Bad Woman

Objection, Your Honor!

Mahr is a secular contract

Objection, Your Honor!

I am devout Muslim man

(and you are not!)

Therefore, Mahr is enforced

Therefore, no Mahr

…but I am secular enough

to believe in alimony!

(religious)

Humm...waiver rule?

Never heard of it!

(secular)

Mahr is oppression!

Giveme alimony!

an axis of outcomes as benefits penalties
An axis of Outcomes as Benefits & Penalties

Bonus to Wife/

Penalty toHusband

Bonus to Husband/

Penalty to Wife

Enforcement

Non-enforcement

slide10

The Distributive Shift

Leila, the Feminist-President-of-the-Canadian-Council-of-Muslim-Women

Leila, the Canadian-Pakistani-Journalist-Writing-as-a-Lesbian-Refusenik

Enforcement: Penalty for Husband, Bonus to Wife

Enforcement: Penalty for Wife, Bonus to Husband

Leila, the German-Secular-Young-Professional-Rising-Star

Leila, the French-Member-of-Ni-Putes-Ni-Soumises

Non-enforcement: Penalty for Husband, Bonus to Wife

Non-enforcement: Penalty for Wife, Bonus to Husband

leila the feminist president of the canadian council of muslim women
Leila, the Feminist-President-of-the-Canadian-Council-of-Muslim-Women
leila the canadian pakistani journalist writing as a lesbian refusenik
Leila, the Canadian-Pakistani-Journalist-Writing-as-a-Lesbian-Refusenik
conclusion
Conclusion

Tunisia

Legal

Pluralism

Substantive

Equality

Egypt

Malaysia

Formal Equality

Non-enforcement:

bonus for the wife

Enforcement:

bonus for the wife

Enforcement:

bonus for the husband

Non-enforcement:

bonus for the husband

ad