About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Masaryk U. J.L. & Tech. 51 (2009)
European Courts' Authority Contested: The Case of Marriage and Divorce Fatwas On-Line

handle is hein.journals/mujlt3 and id is 53 raw text is: V. Sisler: European courts 'authority contested? EUROPEAN COURTS' AUTHORITY CONTESTED? THE CASE OF MARRIAGE AND DIVORCE FATWAS ON-LINE by VIT SISLER* This article explores Islamic websites providing normative content for European Muslim minorities. It focuses on four distinct Sunni websites and analyzes their fatwas, i.e. legal and religious recommendations issued in matters related to family law. Drawing from a broader research of more than 450 fatwas, this article presents the various ways, in which Muslim authorities associated with these sites deal with the conflicting areas between Islamic law and European legal systems. Essentially, it argues that the Internet and information and communication technology create new public spheres where different, and oftentimes conflicting, concepts of coexist- ence between Islam and the State are negotiated. Moreover this article demonstrates how these concepts are later incorporated into existing legal frameworks through the institutions of arbitration and marriage contracts. At the same time it explores the underlying rationale behind the fatwa-issuing websites, which emphasize the role of the individual and promote voluntarily adherence to Islamic law. On a more general level, this article aims to provide case studies on how technology redefines the politics of religious authority. KEYWORDS Islamic law, European legal systems, marriage contract, divorce, fatwa, Internet Fulbright Visiting Scholar, Northwestern University, Buffett Center for International and Comparative Studies, vsisler@gmail.com

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most