1. Objectifs

Intentions :
«This article will explore, taking the talaq as a case study, the manifold ways in wich the sharia makes its way back into the Canadian legal system regardless of its official non-appicability in the heavenly world of legual uniformity.» (p. 237)

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

«This chapter has envisioned talaq as a legal transplant wich surges from immigration family law, through official and underground channels created in turn by institutional authorities and the parties themselves. [It] has attempted to recentre the debate not on wich family law system is designated as exclusively applicable, but on the legal complexities real husbands, wives and judges are confronted with. Exploring the intersections of immigration and family law has helped diversify the sites of regulation of contemporary families, nom better, envisioned as porous and protean entities. Outlining the institutional pathways created by courts and legislatures has helped better conceive the background rules and strategic options made available to husbands and wives navigating through talaq divorce. […] This empirical knowledge (re)places talaq not as the mere object of multicultural recognition but as the complex, multidimensional and subjective reflection of ‘law as a form of experience’ (Bankar, 2010).» (p. 253)