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Discursive Consensus: Two Recent Fatāwā from Europe on Muslim Women Marrying Non-Muslim Men


Belhaj, Abdessamad (2020). Discursive Consensus: Two Recent Fatāwā from Europe on Muslim Women Marrying Non-Muslim Men. Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 8(1):44-52.

Abstract

The question of Muslim women marrying non-Muslim men in Europe poses numerous challenges to Islamic law and ethics. Religious authorities continue to ban these marriages and recent evidence from collective bodies of fatwā suggests that to date there has been little attempt to revise this prohibition. The issue has grown in importance in light of public debates on integration, communitarianism and segregation in Europe. Whilst some research has been carried out on Muslim women marrying non-Muslim men, no single study exists which closely reads the current arguments used to justify it in a European context or attempted to investigate the ethical and social logic of the ban on this type of marriage. It is argued here that Muslim jurists and theologians re-invent the discursive consensus and tradition to sustain in-group moral economy.

Abstract

The question of Muslim women marrying non-Muslim men in Europe poses numerous challenges to Islamic law and ethics. Religious authorities continue to ban these marriages and recent evidence from collective bodies of fatwā suggests that to date there has been little attempt to revise this prohibition. The issue has grown in importance in light of public debates on integration, communitarianism and segregation in Europe. Whilst some research has been carried out on Muslim women marrying non-Muslim men, no single study exists which closely reads the current arguments used to justify it in a European context or attempted to investigate the ethical and social logic of the ban on this type of marriage. It is argued here that Muslim jurists and theologians re-invent the discursive consensus and tradition to sustain in-group moral economy.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 8/2020 > Articles
Dewey Decimal Classification:Unspecified
Language:English
Date:2020
Deposited On:13 May 2020 16:14
Last Modified:17 Jun 2020 16:27
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
OA Status:Gold
Free access at:Publisher DOI. An embargo period may apply.
Official URL:https://www.ejimel.uzh.ch
Related URLs:https://www.zora.uzh.ch/id/eprint/186936/

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