Competing Authorities

نویسندگان

چکیده

North American Muslims seeking to resolve their private disputes confront multifaceted access justice issues. Since Islamic marriage and divorce laws do not always align with family legislative schemes, are burdened trying simultaneously meet obligations toward both legal systems. Unlike secular law, proceedings require either the husband’s eventual consent or availability of a Muslim judge. They also prescribe substantive rights for divorcees that comparable corollary relief provided by law statutes. The absence religious quasi-judicial dispute resolutions poses barriers obtaining annulment, acquiring subsequent relief, such as financial settlements custody, in accordance beliefs. To respond these overlapping barriers, this paper analyzes forms authority grant mediate arbitrate using law. concludes recommendations holistic framework settle compliance legally enforceable manner.

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ژورنال

عنوان ژورنال: American journal of Islam and society

سال: 2023

ISSN: ['2690-3733', '2690-3741']

DOI: https://doi.org/10.35632/ajis.v39i3-4.2993