04452nam 22007095 450 991055938660332120230712073010.09783030972516(electronic bk.)978303097250910.1007/978-3-030-97251-6(MiAaPQ)EBC6951409(Au-PeEL)EBL6951409(CKB)21502475300041(DE-He213)978-3-030-97251-6(EXLCZ)992150247530004120220411d2022 u| 0engurcnu||||||||txtrdacontentcrdamediacrrdacarrierIslam, Culture, and Marriage Consent Hanafi Jurisprudence and the Pashtun Context /by Hafsa Pirzada1st ed. 2022.Cham :Springer International Publishing :Imprint: Palgrave Macmillan,2022.1 online resource (304 pages)New Directions in IslamPrint version: Pirzada, Hafsa Islam, Culture, and Marriage Consent Cham : Springer International Publishing AG,c2022 9783030972509 Includes bibliographical references and index.1. Introduction -- Part 1. Marriage, Culture and the Law -- 2. The Cultural Context: Pashtun Muslims of Khyber Pakhtunkhwa -- 3. Marriage in Islam -- 4. Marriage Consent Operative in the Law -- Part 2. The Divergences Between Cultural Practice and Islam - 5. Researching Pashtun Culture -- 6. The Elements of Consent-Seeking in Pashtun Cultural Practice -- Part 3. Implications, Consequences and Possible Solutions -- 7. Understanding the Divergence: The Legal Implications of Divergence Between Law and Culture -- 8. Effecting Change: Bringing Cultural Practice and Legal Rights Together -- 9. Conclusion. .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 Müller 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 Pashtun culture 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. 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.New Directions in IslamReligion and sociologyReligion and lawIslam and cultureIslam and the social sciencesIslamic sociologyDomestic relationsSociology of ReligionLaw and ReligionIslamic Cultural StudiesSocial Scientific Studies of IslamFamily LawReligion and sociology.Religion and law.Islam and culture.Islam and the social sciences.Islamic sociology.Domestic relations.Sociology of Religion.Law and Religion.Islamic Cultural Studies.Social Scientific Studies of Islam.Family Law.297.5770954912297.5770954912Pirzada Hafsa1221643MiAaPQMiAaPQMiAaPQ9910559386603321Islam, Culture, and Marriage Consent2832793UNINA