Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context

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Hafsa Pirzada

Islam, Culture, and Marriage Consent

Hanafi Jurisprudence and the Pashtun Context

Hafsa Pirzada

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English

Springer Nature Switzerland AG
13 April 2023

Religious issues & debates; Islam; Cultural studies; Religious groups: social & cultural aspects; Sociology

Series: New Directions in Islam

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 Pashtunculture 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.

By: Hafsa Pirzada
Imprint: Springer Nature Switzerland AG
Country of Publication: Switzerland
Edition: 2022 ed.
Dimensions: Height: 210mm, Width: 148mm,
Weight: 425g
ISBN: 9783030972530
ISBN 10: 3030972534
Series: New Directions in Islam
Pages: 296
Publication Date: 13 April 2023
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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.