The Islamic Juridical Vacuum
An Ethnographic Study of How Parallel Legal Institutions Emerged in Denmark
Abstract
Based on seven years of ethnographic fieldwork in Denmark this study investigates how Islamic legal processes work before and after the emergence of Islamic divorce councils around 2021. The author begins by laying out a new methodology for the study of sharia, which leads him to several surprising conclusions. The study for example demonstrates that Islamic legal practices constitute an integrated part of how the Danish welfare state operates, that female Muslim leaders play important roles in Islamic divorce processes, and that the demand for Islamic divorce councils is generated as a byproduct of Muslim women’s agency.
Keywords
Khulʿ; Sharia; Sharia council; Shariʿa; Shariʿa council; coercive control; faskh; fiqh; honor; islamic divorce; islamic law; islamic marriage; khula; migration; muslim law; nikah; parallel community; parallel law; parallel society; qadi; religious law; tafriq; talaqDOI
10.1163/9789004700260ISBN
9789004700260, 9789004700253, 9789004700260Publisher
BrillPublisher website
https://brill.com/Publication date and place
2025Series
Muslim Minorities,Classification
Islam
Denmark
Ethnic groups and multicultural studies
Systems of law: Islamic law
Family law: marriage, separation and divorce