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>>BIBLIOGRAPHY
The following books and articles are offered as suggestions of source reading about Islam, the form and nature of Islamic law, and divorce and family law issues. They are not being recommended here but offered as examples of relevant literature.
1. BOOKS
a.On Islam and key debates within Islam
Mohammed Abu-Nimer Nonviolence and Peace Building in Islam : Theory and Practice University of Florida Press Gainsville 2003
Framework principles for Islamic conflict resolution
Karen Armstrong Islam : A Short History Random House New York 2000, 2002 (2nd edition)
Useful backgrounder on Islamic history
John Bowker Voices of Islam One World Oxford 1995
An introduction to the foundations of Islam and chapters on the role and status of women and on relationships with non-Muslims
Katherine Bullock Rethinking Muslim Women and the Veil : Challenging Historical and Modern Stereotypes International Institute of Islamic Thought 2nd ed 2007
Presenting a positive and modernist theory of veiling based in part on interviews with Canadian women.
Roxanne L. Euben Enemy in the Mirror : Islamic Fundamentalism and the Limits of Modern Rationalism Princeton University Press, Princeton, 1999
The implications of Islam for political theory and assertions, with particular emphasis on the work of Sayyid Qutb.
Donna Gherke-White The Face Behind the Veil : the Extraordinary Lives of Muslim Women in North America Citadel Press 2006
Accounts of Muslim womens’ experiences living in North America
A Brief Illustrated Guide to Understanding Islam I.A. Ibrahim (editor) Darussalem, Houston, 1996, 1997 (2nd edition)
Simple background reader focusing on Islam and science
Fatima Mernissi Beyond the Veil : Make-Female Dynamics in Modern Muslim Society Indiana University Press 1987
Updated version of an older, controversial study that argues that Islam views women as requiring regulation and constraint, and that this is out of step with modernizing trends.
Seyyed Hossein Nasr The Heart of Islam : Enduring Values for Humanity Harper Collins London 1994
Exposition of the foundational values of Islam, and their relationship to Judaism and Christianity. Includes chapters on justice and law, and on human rights.
Sherene Razack Casting Out : The Eviction of Muslims from Western Law and Politics University of Toronto Press 2008
Describing the increasing marginalization of Muslims since 9/11, the application of stereotypical and uninformed “race thinking” and the use of the law to enforce these norms and to constrain and punish Muslims
Malise Ruthven Islam in the World Oxford University Press 1984
Primer on the growth of Islam up to the present day, with a focus on political, social and governance issues for the Islamic world as shaped by Islam.
Ayelet Shachar Multicultural Jurisdictions : Cultural Differences and Womens Rights Cambridge University Press 2001
Analyses the models and the perils of state-driven multiculturalism and accommodations and applies these ideas to case studies of family law, among others.
Haroon Siddiqui Being Muslim Groundwood Books Toronto 2006
Excellent primer set in the context of Ontario “debate” and 9/11 generally
Rosemary Sookhdeo Secrets Behind the Burqa : Islam Women and the West Issac Publishing Pewsey Wiltshire 2003
Lives of Muslim women and girls in London and the impact of the West on their cultural and religious identities
Ahmad Yousif Muslims in Canada : A Question of Identity Legas 1993
Empirical study of the historical development, composition and characteristics of Canadian Muslim identity
Daniel Martin Varisco Islam Obscured : the Rhetoric of Anthropological Representation MacMillian 2005
Varisco takes issue with some of the “classic” texts of Islamic anthropology (such as Mernissi, above) arguing that they misconceive Islam as homogeneous and unitary rather than seeing “islams” as diverse cultural phenomena.
Earle Waugh, Baha Abu-Laban and Regula Qureshi The Muslim Community in North America University of Alberta Press 1983
Collection of essays describing aspects of the North American Muslim experience including education, spirituality and demographics
b. On Islamic law
Abdullah An-Naim Islam and the Secular State : Negotiating the Future of Sharia Harvard University Press 2008
A blueprint for the relationship between shari’a and governance and decision-making in a secular Muslim State. See the review at http://www.qantara.de/webcom/show_article.php/_c-478/_nr-479/i.htm
Noel J. Coulson, Conflicts and Tensions in Islamic Jurisprudence, Center for Middle Eastern Studies, University of Chicago Press, Chicago and London, 1969
Issues arising in the tension between modernism and interpretation and stability in the laws of shari’a, and generally the conflict between divine revelation and human agency via intellectual activity.
Khaled Abou El Fadl Speaking in God’s Name : Islamic Law, Authority and Women One World 2003
El Fadl argues that the development of an authoritarian juristic tradition has distorted and misled the development of Islamic law in many areas, especially in relation to constraints and determinations placed upon women.
Abdur Rahman I Doi Shariah : The Islamic Law. Ta ha Publishers, London 1984 reprinted 1997
Sourcebook for Islamic Law describing the evolution and framework of the shari’a and fikh and with a section devoted to family law matters in the Anglo-Mohammedan Law tradition
Laurence Rosen The Anthropology of Justice : Law as Culture in Islamic Society Cambridge University Press Cambridge 1989 reprinted 1998
Study of Moroccan courts in action and characteristics of Islamic justice by qadis, describing the ways in which Islamic law and the judgment / discretion of the third party are expected to work together to produce a pragmatic result.
c. On divorce and family law
Abdulhamid A. Abusulayman Marital Discord : Recapturing the Full Islamic Spirit of Human Dignity International Institute of Islamic Thought London
Foreword by Kathy Bullock. Treatise on husband/wife relations in Islam
Abdullah An-Naim Islamic Family Law in a Changing World : A Global Resource Book (editor) Zed Books, London & New York, 2002
Reviews modern Islamic family law in a variety of Muslim countries
Laleh Bakhtiar Encyclopedia of Islamic Law : A Compendium of the Major Schools ABC International Group, 1996
Exhaustive accounting of Islamic law including detailed section on divorce, citing to all schools of jurisprudence
John L. Eposito with Natana J. DeLong-Bas Women in Muslim Family Law 2001 Syracuse University Press, Syracuse
Examines both the classical and the modern elements of Islamic family law in simple accessible terms. Also includes chapter on methodology for progressive and modernist interpretation and reform of shari’a.
Yvonne Haddad and Barbara Freyer Stowasser Islamic Law and the Challenges of Modernity AltaMira Press 2006
Collection of essays on the modernizing of shari’a with special emphasis on the impact on women and their family rights
Wael Hallaq The Origins and Evolution of Islamic Law Cambridge University Press 2005
Describes in historical terms the development and evolution of an Islamic jurisprudence and the various factors that shaped and influenced this, including competing traditions and forces.
Safia Iqbal Women and Islamic Law Adam Publishers New Delhi 2004
Chapters on women and divorce and maintenance
Aharon Layish Women and Islamic Law in a Non-Muslim State : A Study Based on Decisions of the Shari’a Courts in Israel Transaction Publishers 2006
Based on empirical research, explains the operation of the shari’a courts in Israel and their jurisprudence in relation to marriage, divorce, custody, succession and other legal topics affecting women..
Aharon Layish Divorce in the Libyan Family New York University Press 1991
Empirical study of Libyan family courts, with emphasis on Maliki school
Muhammad Jawad Maghniyyah The Five Schools of Islamic Law Anssariyan Publications Qum, Iran 1995
Legal text with significant sections on divorce and marriage
Amira El Azhary Sonbol (editor) Women, the Family, and Divorce Laws in Islamic History Syracuse University Press, Syracuse, 1996
Mostly historical accounts of the role of shari’a courts and Islamic family law in the lives of women and children in Muslim countries
Ali ibn Abu Talib Nahjuk Balaga Peak of Eloquence Sermons of Imam Ali ibn Abu Talib, translator Ali Reza New York 2002
Writings and teaching of an eminent Shia imam on all matters including divorce and marriage.
Mohammed Ali Syed The Position of Women in Islam : A Progressive View SUNY Press 2004
Useful primer on women and family law issues (with many direct references to the Qur’an and hadiths) looking at all the Sunni schools and written from a progressive perspective.
2. ARTICLES
Abah, Betty. “Can Sharia Law Work in a Multi-Religious Federation?” Forum of Federations. Vol.5. (2006) Page 3-4.
Abbas, Tahir “Muslim Minorities in Britain : Integration, Multiculturalism and Radicalism in the Post 7/7 Period” Journal of Intercultural Studies 28(3) August 2007 287-300
Abdal-Haqq, Irshad and Qudir Abdal-Haqq. “Community-Based Arbitration as a Vehicle for Implementing Islamic Law in the United States.” The Journal of Islamic Law. Vol. 1. (1996) 61-88.
Amr Abdalla “Principles of Islamic Interpersonal Conflict Intervention : A Search within Islam and Western Literature” 15 Journal of Law and Religion (date) 151
Irshad Abdal-Haqq & Qadir Abdal-Haqq, “Community-Based Arbitration as a Vehicle for Implementing Islamic Law in The United States” (1996) 1 J. Islamic L. 61.
Fatina Ali “Conflict – it’s Psychological Cause, Effect and Resolution Through the Quran” unpublished on file
Abdullah An-Naim “Reforming Islam : Sudan and the Paradox of Self-Determination” International Review Spring 1977 vol 14(2)
Abdullah An-Naim “What do we mean by Universal?” Index on Censorship 4/5 1994 120-128
Azizah al-Hibri, “Quaranic Foundations of the Rights of Muslim Women in the 21st century” in Women in Indonesian Society : Access Empowerment and Opportunity M.Atho Mudzhar et al (eds) Sunan Kalijaga Press 2001, 3-26
Azizah al-Hibri, “Muslim Womens Rights in the Global Village : Challenges and Opportunities” 15 Journal of Law and relaigion (date) 37
Azizah al-Hibri “An Introduction to Muslim Womens Right’s” in Windows of Faith Webb G. (ed) Syracuse University Press 2000
Azizah al-Hibri, “Islam, Law and Custom: Redefining Muslim Women’s Rights” (1997) 12 Am. U.J. Int. 1.
Discusses two main issues facing Muslim women living in countries of Islamic law. The author goes into detail on these issues (family law and right to education) and compares the difference between to two in Hanafi and Maliki law. The author feels strongly that while these laws may be discriminatory and unfair that is because of a misinterpretation of the Qu’ran, and that in fact the Qu’ran supports a fair and just society. Finally the author explains that changes must be made to these law codes in order for them to reflect modern times
Jehan Aslam, “Judicial Oversight of Islamic Family Law Arbitration in Ontario: Ensuring Meaningful Consent and Promoting Multicultural Citizenship” (2005) 38 N.Y.U. J. Int’l. L. & Pol. 841.
Natasha Bakht, “Were Muslim Barbarians Really Knocking On the Gates of Ontario?: The Religious Arbitration Controversy – Another Perspective” (2006) 40 Ottawa L. Rev. 67.
Natasha Bakht “Arbitration, Religion and Family Law : private Justice on the Backs of Women” paper for the National Association of Women and the Law
Natasha Bakht “Family Arbitration Using Sharia Law : Examining Ontario’s Arbitration Act and its Impact on Women” Muslim World Journal of Human Rights 1 (1) (2004) Article 7
Laureve Blackstone, “Courting Islam: Practical Alternatives to a Muslim Family Court in Ontario” (2005) 31 Brook J. Int’l L. 207.
The Boyd Report “Dispute Resolution in Family Law : Protecting Choice, Promoting Inclusion” December 2004
Emira-Habiby Browne et al., “Issues in Representing Immigrant Victims” (2001) 29 Fordham Urb. L.J. 71.
Rabbi Michael Broyde and Rabbi Jonathan Reiss “The Ketubah in America : its value in dollars, its significance in Halacha and its enforceability in secular law” on file
Annie Bunting “Mediating Cultures, Arbitrating Family Disputes – the Proposed “Shari’a Tribunals” in Ontario Draft 2004 on file
Shirish Chotalia “Arbitration Using Sharia Law in Canada : A Constitutional and Human Rights Perspective” Constitutional Forum 15(2) 2006 63-86
M. El-Arousi “Judicial Dissolution of Marriage” Journal of Islamic and Comparative Law vol 7 1977 13 – 20
Anver M. Emon, "Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation." Canadian Bar Review (forthcoming)
Anver M. Emon, "Conceiving Islamic Law in a Pluralist Society: History, Politics and Multicultural Jurisprudence." Singapore Journal of Legal Studies (December 2006): 331-355.
Anver M. Emon, "Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation" (2006) U Toronto, Legal Studies Research Paper No. 947149.
Family Law Council, Report to Attorney-General, “Cultural-Community Divorce and the Family Law Act 1975: A Proposal to Clarify the Law” (August 2001).
Trevor C.W. Farrow, “Re-Framing the Sharia Arbitration Debate” (2006) 15 Const. Forum 79.
Forte, David. F. “Islamic Law in American Courts.” Suffolk Transnational Law Journal. Vol. 7. (1983). Page 1-33.
Pascale Fournier, “The Erasure of Islamic Difference in Canadian and American Family Law Adjudication” (2001) 10 J.L. & Pol’y 51.
Ginnine Fried, “The Collision of Church and State: A Primer to Beth Din Arbitration and the New York Secular Courts” (2003) 31 Fordham Urb. L.J. 633.
Jean-François Gaudreault-DesBiens, “The Limits of Private Justice? The Problems of the State Recognition of Arbitral Awards in Family and Personal Status Disputes in Ontario” (2005) 16 World Arb. & Mediation Rep. 1.
Jean-François Gaudreault-DesBiens, “Constitutional Values Faith-Based Arbitration and he Limits of Private Justice in a Multi-Cultural Society” paper presented at Doing Justice : Dispute Resolution in the Courts and Beyond CIAJ conference Halifax October 1012 2007
John D. Gregory, Anne Marie Predko & Juliette Nicolet, Paper prepared for the Uniform Law Conference of Canada, Civil Section , “Faith Based Family Arbitration” (August 2005).
Wael B. Hallaq, “Was the Gate of Ijtihad Closed?” (1984) 16 Int. J. Middle East Stud. 3.
David Hollander, “Jewish Law for the Law Librarian” (2006) 98 Law Libr. J. 219.
Mohammed Kehsavi Thesis abstract
Fuad Khuri “Invisible Meanings in Conflict Resolution : Some Macro-Ideological Constructs in Arab-Islamic Culture” on file
Scott A. Kugle, “Framed, Blamed and Renamed: The Recasting of Islamic Jurisprudence in Colonial South Asia” (2001) 35 Mod. Asian Studies 257.
Chibili Mallat “Islamic Family Law : Variations on State Identity and Community Rights” in Islamic Family Law Mallat C. and Connors J. (eds) Graham and Trotman (date?)
Kathleen A.P. Miller,. “The Other Side of the Coin: A Look at Islamic Law as Compared to Anglo American Law – Do Muslim Women Really Have Fewer Rights than American Women?” (2003) 16 N.Y. Int’l L. Rev. 65.
Mosques & Imams National Advisory Body (MINAB), Report, “Good Practice Guide for Mosques and Imams in Britain” (June 2006).
Ghassan Moukheiber “From Vendetta to Pardon : traditional mediation/ arbitration of violent feuds” on file
Ahmad Moussalli “An Islamic Theoretical Model for Political Conflict Resolution (through Arbitration) on file
Packer, George. “The Moderate Martyr: A Radically Peaceful Vision of Islam.” The New Yorker. September 11, 2006. Page 61-69.
Nicholas Pengelley, “Faith-Based Arbitration in Ontario” (2005) 6 Vindobona.J.Int’l Com. L. & Arb 111.
Sebastian Poulter “The Claim to a Separate Islamic System of Personal Law for British Muslims” in Islamic Family Law 147 (eds Mallat & Connors, 1990)
Marie E. Provins, “Constructing an Islamic Institute of Civil Justice that Encourages Women’s Rights” (2005) 27 Loy. L. A. Int’l & Comp. L. Rev. 515.
Abdul H. Quick, “Al-Mu’allaqua: The Muslim Woman Between Divorce and Real Marriage” (1998) 3 J. Islamic L. 27.
Qaisi, Ghada. G. “Religious Marriage Contracts: Judicial Enforcement of Mahr Agreements in American Courts.” Journal of Law & Religion. Vol. 15. Page 67-81.
Asifa Quraishi & Najeeba Syeed-Miller, “No Altars: A Survey of Islamic Family Law in the United States” available at: http://www.law.emory.edu/ifl/cases/USA.htm.
Imam F.A. Rauf, “What is Islamic Law: The Fifth Annual John E. James Distinguished Lecture” (2005) 57 Mercer L. Rev. 595.
Abdul Aziz Said “Cultural Context of Conflict Resolution and reference to an Arab-Islamic Perspective” The American University School of International Service, on file
Paul Salem “A Critique of Western Conflict Resolution from a Non-Western Perspective” Negotiation Journal October 1993 361-369
Anne Saris et al « Etude de cas aupres de Cabadiennes musulmanes et d’intervants civils et religigieux en resolution de conflits familiaux » Report 2007-10-31
Jeff Seul “Religion and Conflict” in The Negotiators Fieldbook Honeyman C. & Schneider A (eds) ABA 2006
Ayelet Shachar, “Religion, State and Problem of Gender: New Modes of Citizenship and Governance in Diverse Societies” (2005) 50 McGill L.J. 49.
Theoretical analysis of extent to which accommodation using multicultural approach exposes women to risk in particular groups. Uses the proposed Dar-ul-Qada as case study and concludes that community pressure makes choice of sharia inevitable. Suggests safeguards including ILA and other procedures for ensuring the free choice of the woman to the process.
R. Seth Shippee, “Blessed are the Peacemakers”: Faith-Based Approaches to Dispute Resolution (2002) 9 ILSA J. Int’l & Comp. L. 237.
Compares Islam, Juadism and Christianity as peace-building philosophies. Short and thin section (includes some useful contacts for follow-up). Section on Judaic traditions may be useful for referencing.
Suzanne L. Stone, “The Intervention of American Law in Jewish Divorce: A Pluralist Analysis” (2000) 34 Isr. L. Rev. 170.
Randy L. Sturman, “House of Judgment: Alternate Dispute Resolution in the Orthodox Jewish Community” (1999) 36 Cal. W. L. Rev. 417.
Ahmad Thomson “Accommodating the Islamic Dissolution of Marriage Law within English Law” Regents Park Mosque September 10th 2006 on file
Waugh, Earle “Storm over Shari’a Courts in Canada : Responses to Shari’a Arbitration Law in Ontario” on file
Lynn Welchman “Family Law Under Occupation : Islamic Law and the Shari’a Courst in the West Bank” in in Islamic Family Law Mallat C. and Connors J. (eds) Graham and Trotman (date?)
Sylvia C. Whitman, Paper presented at AMSS 34 Annual Conference “Whose Place to Decide? Islamic Family Law Issues in American Courtrooms” (September 2005).
Caryn L. Wolfe, “Faith-Based Arbitration: Friend or Foe? An Evaluation of Religious Arbitration Systems and Their Interaction with Secular Courts” (2006) 75 Fordham L. Rev. 427.
