The Practice of Khulʿ in Germany: Pragmatism versus Conservativism
Abstract In this article, I examine how Muslim women who ae religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage. Because there is no Muslim state authority to consult, local imams and Islamic leaders can resort to a community-led practi...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2019
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| In: |
Islamic law and society
Year: 2019, Volume: 26, Issue: 1/2, Pages: 83-110 |
| Further subjects: | B
Divorce
B Religious Actors B Germany |
| Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
| Summary: | Abstract In this article, I examine how Muslim women who ae religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage. Because there is no Muslim state authority to consult, local imams and Islamic leaders can resort to a community-led practice known as khulʿ (divorce initiated by the woman) to dissolve an Islamic marriage (nikāḥ) that is not recognized by civil authorities. In this article, which is the culmination of three years of fieldwork in Germany, I analyze and interpret the views and practices of two groups of religious actors - conservatives and pragmatists - towards khulʿ in cases of nikāḥ. I find that conservatives only permit a woman to divorce through khulʿ with her husband’s consent, whereas pragmatists use Muslim minority jurisprudence (fiqh al-aqalliyyāt al-Muslima) to argue that the husband’s consent is not essential to legitimize a khulʿ pronouncement. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/15685195-02612A01 |