Titlebook: Islam, Culture, and Marriage Consent; Hanafi Jurisprudence Hafsa Pirzada Book 2022 The Editor(s) (if applicable) and The Author(s), under e

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2946-2991 which law reform could protect the rights of Muslim women a.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

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Asperity

Law in Context: Pashtun Culture and ‘Secular’ Laws in Khyber Pakhtunkhwater highlights the strength of Pashtun cultural norms and values, particularly in terms of the roles and the expectations placed upon those born into the culture, and the comparatively anaemic effect that national and universal legislative instruments have historically had in Khyber Pakhtunkhwa.

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Findings on Shūrā: A Story of ‘Shame’ in Pashtun Cultureame legal autonomy upon a woman as it does upon a man. However, the findings on shūrā suggest that marriage is considered a taboo topic of discussion in Pashtun culture, thereby relegating this religious obligation to the realm of impropriety in practice.

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Findings on Guardianship: Where Have All the Fathers Gone?ificantly, this chapter reveals that the Pashtuns in this study did not know much about guardianship from a religious perspective at all—and the distant, almost non-existent . acts as anything . a father entrusted with the best interests of his daughter in Pashtun marriage.

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Effecting Change: Is It Possible to Bring Cultural Practice and Legal Rights Together?ef summary of the study findings on law reform, including the most effective agents of change in KPK. This is followed by a consideration of the potential challenges that any reform will likely face in the province, before the author concludes this wonderful journey into jurisprudence with ‘final’ remarks.

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Exposition

978-3-030-97253-0The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl