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Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context (New Directions in Islam) (Hardcover)

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Description


This book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the 'inevitable decay' to which Max M ller says every religion is exposed? Or - if rephrased in terms of the research encapsulated within this book - are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies?

Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtunculture generally does not reflect the spirit or the intent of consent as described in Hanafī law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states.

About the Author


Hafsa Khan Pirzada completed her undergraduate in Law, before undertaking her doctoral research in the interplay between culture and Islam. She is currently a Research Fellow at Griffith University, Australia.

Product Details
ISBN: 9783030972509
ISBN-10: 303097250X
Publisher: Palgrave MacMillan
Publication Date: April 12th, 2022
Pages: 296
Language: English
Series: New Directions in Islam