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Pascale Fournier Assistant Professor, University of Ottawa SJD, Harvard (2007)

Canadian Association of Law Libraries Association Canadienne des Bibliothèques de Droit 47 th Annual Conference 47e Congress Annuel. Monday, May 25 th And God Made Law: Talmudic and Shariah Law: Introduction and Discussion of their Use in Canada. Pascale Fournier

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Pascale Fournier Assistant Professor, University of Ottawa SJD, Harvard (2007)

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  1. Canadian Association of Law LibrariesAssociation Canadienne des Bibliothèques de Droit47th Annual Conference47e Congress Annuel

  2. Monday, May 25thAnd God Made Law: Talmudic and Shariah Law: Introduction and Discussion of their Use in Canada Pascale Fournier • Assistant Professor, University of Ottawa • SJD, Harvard (2007) • Pascale.Fournier@uottawa.ca

  3. The Sources of Islamic Law

  4. Places of Departure and Arrival: Mahr’s Internal/External Pluralism E Legal Pluralism Tunisia NE Formal Equality E Egypt Malaysia NE Substantive Equality E NE

  5. Places of Departure: Mahr’s Internal Pluralism French Civil & Islamic Law Western National & Islamic Personal Law English Common Law, Islamic Law & Adat Egypt Malaysia Tunisia No Fault Divorce Talaq, Faskh & Khul divorce Low Mahr because of Pemberian Khul Divorce & Court-based Talaq & Faskh Divorce Long & costly Faskh = Many Khul Very Low Mahr

  6. Places of Arrival: Mahr in Western Courts Identity Legal Pluralism (multiculturalism) Relating to Khul Utterly foreign Islamic Custom Antenuptual Agreement Marriage Agreement Vagueness Lack of Consent Formal Equality (secularism) Legal Debt Contractual Condition Of Marriage Abstractness Payable even if Wife started divorce Substantive Equality (gender equality) Substantial Justice Public Policy Readjusted Alimony Unjust Enrichment Equity

  7. Dirty Dealings with God?

  8. The Bad Man and Bad Woman in the Balance Bad Man Bad Woman Objection, Your Honor! Mahr is a secular contract Objection, Your Honor! I am devout Muslim man (and you are not!) Therefore, Mahr is enforced Therefore, no Mahr …but I am secular enough to believe in alimony! (religious) Humm...waiver rule? Never heard of it! (secular) Mahr is oppression! Giveme alimony!

  9. An axis of Outcomes as Benefits & Penalties Bonus to Wife/ Penalty toHusband Bonus to Husband/ Penalty to Wife Enforcement Non-enforcement

  10. The Distributive Shift Leila, the Feminist-President-of-the-Canadian-Council-of-Muslim-Women Leila, the Canadian-Pakistani-Journalist-Writing-as-a-Lesbian-Refusenik Enforcement: Penalty for Husband, Bonus to Wife Enforcement: Penalty for Wife, Bonus to Husband Leila, the German-Secular-Young-Professional-Rising-Star Leila, the French-Member-of-Ni-Putes-Ni-Soumises Non-enforcement: Penalty for Husband, Bonus to Wife Non-enforcement: Penalty for Wife, Bonus to Husband

  11. Leila, the Feminist-President-of-the-Canadian-Council-of-Muslim-Women

  12. Leila, the Canadian-Pakistani-Journalist-Writing-as-a-Lesbian-Refusenik

  13. Leila, the German-Secular-Young-Professional-Rising-Star

  14. Leila, the French-Member-of-Ni-Putes-Ni-Soumises

  15. Conclusion Tunisia Legal Pluralism Substantive Equality Egypt Malaysia Formal Equality Non-enforcement: bonus for the wife Enforcement: bonus for the wife Enforcement: bonus for the husband Non-enforcement: bonus for the husband

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