3 Part 3 - Codification & Transplants: Islamic Family Law 3 Part 3 - Codification & Transplants: Islamic Family Law

3.1 Week 5 - Early Islamic Family Law: Marriage and Divorce in Egyptian History 3.1 Week 5 - Early Islamic Family Law: Marriage and Divorce in Egyptian History

3.1.1 Ibn Rushd, Bidāyat al-mujtahid [Excerpts] 3.1.1 Ibn Rushd, Bidāyat al-mujtahid [Excerpts]

Exerpts from The Distinguished Jurists Primer (link below). Pages: 2,3,8,9,19,20,21,71,72

https://id.lib.harvard.edu/alma/990053089770203941/catalog

3.1.2 Sonbol, Marriage Contracts [below, pp. 88, 94, 104-05] [Excerpts] 3.1.2 Sonbol, Marriage Contracts [below, pp. 88, 94, 104-05] [Excerpts]

https://id.lib.harvard.edu/alma/990118002480203941/catalog

3.1.3 HALLAQ, SHARĪʿA, 271-95 (family law) [Excerpts] 3.1.3 HALLAQ, SHARĪʿA, 271-95 (family law) [Excerpts]

https://id.lib.harvard.edu/alma/990119322800203941/catalog [login required]

3.1.4 Amira Sonbol, A History of Marriage Contracts in Egypt, in THE ISLAMIC MARRIAGE CONTRACT: CASE STUDIES IN ISLAMIC FAMILY LAW [Excerpts] (Harvard: Harvard University Press, 2008) 3.1.4 Amira Sonbol, A History of Marriage Contracts in Egypt, in THE ISLAMIC MARRIAGE CONTRACT: CASE STUDIES IN ISLAMIC FAMILY LAW [Excerpts] (Harvard: Harvard University Press, 2008)

https://id.lib.harvard.edu/alma/990118002480203941/catalog

3.1.5 YOSSEF RAPOPORT, MARRIAGE, MONEY, AND DIVORCE IN MEDIEVAL ISLAMIC SOCIETY (Cambridge: Cambridge University Press, 2005) [Excerpts] 3.1.5 YOSSEF RAPOPORT, MARRIAGE, MONEY, AND DIVORCE IN MEDIEVAL ISLAMIC SOCIETY (Cambridge: Cambridge University Press, 2005) [Excerpts]

https://id.lib.harvard.edu/alma/990096756980203941/catalog

3.2 Week 6 - Codification and Reform of Islamic Family Law: Egypt, Iran, Morocco vs. India, US 3.2 Week 6 - Codification and Reform of Islamic Family Law: Egypt, Iran, Morocco vs. India, US

3.2.1 Movie: A Separation 3.2.1 Movie: A Separation

Available on Netflix, Amazon Prime and AppleTV+

3.2.2 Supplement: A Separation Discussion Questions 3.2.2 Supplement: A Separation Discussion Questions

ISLAMIC LAW :: CLASS 6 | HLS
A Separation: Discussion Questions

Please think of the following questions from the film, A Separation. We will consider some of these questions when we talk about modern Islamic family law, and continue the discussion when we turn to cover criminal law.

Marriage Contract?
1) What role, if any, did the marriage contract play in this claim? Are conceptions of the marriage contract as a prenuptial agreement, a contract of sale, partnership agreement, or a bargaining tool for Simin (or Nader) helpful here?

Judiciary as Best Outcome?
2) Consider this: in medieval Islamic law, in Mamlūk times, for example, most claims were settled outside of court. Was that preferable to this scenario? In other words, is court the best place to resolve marital disputes like the ones at issue in the film?

Codification as Resolution?
3) How much of a role did codification play a role in the resolution of the family law claims here? For the criminal law claims? (We will discuss the codification and criminal law further next week.)

4) Related to the last question, the major question here is one of codification. Did it destroy Islamic law as we know it? Think of the actors in the Mamlūk court. Who were they from what you can tell? (Consider Zumurrud’s case, for example.) Now think of the actors here. Who are they, what is their training, what is their relationship between their background (religious identity, training, social or professional position), their arguments, and Islamic law?

5) What role did Islamic law play in the depictions of marriage, divorce, and custody? Was it “Islamic?” How do we know?

3.2.3 The Shah Bano Case (India 1985) 3.2.3 The Shah Bano Case (India 1985)

https://beta.shariasource.com/documents/188

3.2.4 In re Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988), 3.2.4 In re Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988),

https://beta.shariasource.com/documents/2496

3.2.5 Fouad v. Magdy (N.Y. S. Ct. 2017) 3.2.5 Fouad v. Magdy (N.Y. S. Ct. 2017)

https://beta.shariasource.com/documents/2703

3.2.6 HALLAQ, SHARĪʿA, Ch. 13 [Excerpts] & Ch. 16 [Excerpts] (colonialism and codification of Islamic family law) 3.2.6 HALLAQ, SHARĪʿA, Ch. 13 [Excerpts] & Ch. 16 [Excerpts] (colonialism and codification of Islamic family law)