ProQuest
Abstract/Details

Irreconcilable Differences: Family Alternative Dispute Resolution for Canadian Muslims

Aly, Yousef Wahb. University of Windsor (Canada), ProQuest Dissertations Publishing, 2021. 28721617.

Abstract (summary)

Muslim families seeking to resolve private disputes in accordance with their religious values and in compliance with Canadian law face multifaceted access to justice issues. They are burdened with duplicative responsibilities trying to simultaneously meet their obligations towards religious and secular legal systems. Islamic law urges Muslim minorities to obey the laws of the land in a non-Muslim state; however, it also urges them to facilitate dispute-resolution mechanisms to reconcile governing law and religious practices.

Islamic marriage and divorce laws do not always align with federal and provincial family legislation. Unlike Canadian law, Islamic divorce proceedings requires the husband the intervention of a Muslim judge. They also prescribe substantive obligations and rights for divorcees comparable to the corollary relief provided by provincial family law statutes. The absence of religious quasi-judicial dispute resolution mechanisms pose barriers to Muslims: (1) obtaining a religious divorce or annulment, and (2) acquiring subsequent relief, such as financial settlements and custody, in accordance with religious beliefs. In addition to the doctrinal analyses of secular and religious theories of adjudication and alternative dispute resolution (ADR), this thesis employs a qualitative method narrating the experiences of 20 Canadian imams with family dispute resolution. To respond to these overlapping barriers, the thesis analyzes forms of Islamic legal authority to: (1) grant religious divorce or annulment, and (2) mediate or arbitrate corollary relief applying religious laws in domestic contracts and arbitral awards.

Indexing (details)


Subject
Law;
Islamic studies;
Religion;
Alternative dispute resolution
Classification
0398: Law
0512: Islamic Studies
0318: Religion
0649: Alternative Dispute Resolution
Identifier / keyword
Family alternative dispute resolution
Title
Irreconcilable Differences: Family Alternative Dispute Resolution for Canadian Muslims
Author
Aly, Yousef Wahb
Number of pages
129
Publication year
2021
Degree date
2021
School code
0115
Source
MAI 83/3(E), Masters Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
9798460424214
Advisor
Moon, Richard R.
Committee member
Cappucci, John; Noronha, Joanna
University/institution
University of Windsor (Canada)
Department
Law
University location
Canada
Degree
LL.M.
Source type
Dissertation or Thesis
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
28721617
ProQuest document ID
2582191810
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
https://www.proquest.com/pqdtglobal/docview/2582191810/