Paternal Filiation in Muslim-Majority Environments
Language
en
Article de revue
This item was published in
Journal of Law, Religion and State. 2023, vol. 10, n° 2-3, p. 167-217
Brill
English Abstract
In most Muslim-majority countries, Islamic normativity underwent a process of “positivization” completely altering the sense which is made of these norms and the ways through which they are obtained. This article aims to ...Read more >
In most Muslim-majority countries, Islamic normativity underwent a process of “positivization” completely altering the sense which is made of these norms and the ways through which they are obtained. This article aims to deepen our understanding of this phenomenon through a comparative examination of an issue addressed in classical fiqh , partly legislated in modern statutes and codes, sensitive to the progress of scientific evidentiary methods, and largely at judges’ discretion. It proceeds, for each of the three countries under study (Indonesia, Egypt, and Morocco), to describe the situation, starting with the legal system, family law, and the question of paternal filiation ( ithbât al-nasab , in Arabic), then paying attention to the “trajectory” of a recent case, from first-instance decisions to final rulings. In conclusion, it focuses on the room that the combination of fiqh principles and contemporary legal sources and thinking opens for creative analogy, radically innovative interpretation, and polycentric tensions between various jurisdictions.Read less <
English Keywords
Indonesia
Egypt
Morocco
Muslim-majority societies
paternal filiation (nasab)
Islamic law
state law
court cases
Origin
Hal imported