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Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
The book tries to clear the notion that to interpret the Islamic concept of woman as, degradation of woman is to distort the actual issue. Islam has never asserted that woman is inferior to man: it has only made the point that woman is differently constituted. The prophet used a parable to explain the delicacy of women s nature, pointing out that they should be treated in accordance with their nature. Their delicate emotional constitution should always be borne in mind.
This authoritative “go-to” publication aims to educate women on how to express their rights within Islam. Perfect for enabling activists to integrate an egalitarian Islamic belief system into their movements. The most effective means of improving Muslim women's lives is connecting them to their deeply held beliefs that affirm human dignity and gender equality at the core of the Islamic faith. But Muslim women lack this information that enlightens and vouches for their sacred rights, and they have no accessible tools that encourage faith-based activism consistent with the Islamic faith. To protect them from being misrepresented by or outside their communities, there is a need to provide pre-packaged, easy-to-understand literacy tools to women so they can lead lives of choice, dignity, and opportunity. 30 Rights of Muslim Women aims to fill this gap.
In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women’s duties and obedience, and one stressing women’s rights and equality before the law. Focusing on muftis who see “the time and place” as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women’s dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context. Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims' needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment. On British Islam highlights British Muslims' efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.
Women's issues continue to dominate the Islamic world in particular, as there has been a very gradual change in the status of women in the Islamic world as a whole. This book covers various aspects relating to the status of women in the pre-Islamic period -- customs and -traditions, forms of marriage, divorce and forms of divorce, dower, traditions regarding slave-girls, and so on. It then goes on to deal with the status of women in the post-Islamic period -- the Qur'anic concept of women's rights in marriage, divorce, inheritance, custody of children, polygamy, maintenance, property, right to earn, etc. It quotes extensively from the Qur'an and Sunnah. It also deals with the Arab adaat, that is, pre-Islamic customs and traditions regarding women. Altogether, it attempts to arm Muslim women with Islamic arguments for their empowerment. The author, a renowned scholar, has sought to set the record straight by reinterpreting women's rights in the true Qur'anic spirit. He argues quite convincingly that the Holy Book gives equal rights to both the sexes, and it does not discriminate between them as regards personal, democratic and human rights. The question whether in a secular society Muslim personal law needs any change, and, if so, in which direction the reform should be undertaken is dealt with in detail. This third edition contains a chapter: 'On a Muslim Woman Leading the Congregational Prayer'. This chapter deals with the important aspect of Muslim women's problems and also hopes to further enhance their understanding of the Shari'ah issues.
In the last 30 years English law has seen a small but steady proliferation of shari'a councils though exact numbers are unknown. They have been set up to meet the religious needs of the British Muslim population focussing on providing a forum for the resolution of marital disputes. Shari'a councils offer mediation and reconciliation services as well as issuing religious divorce certificates. In the academic research to date it is apparent that the primary applicants to shari'a councils are Muslim women. In order to understand why one must investigate Islamic law which differentiates between the way in which men and women may divorce. Muslim men are free to pronounce a unilateral divorce without seeking the approval of any judicial body. Muslim women are arguably not granted any equivalent rights and must either secure their husband's consent or apply to an authority to provide them with a religious determination. Shari'a councils have emerged to meet that need. My research demonstrates that whilst Muslim women are generally satisfied with the outcome of a shari'a council ruling they are critical of the processes. This becomes even more apparent to them when they compare their experiences of shari'a councils with the civil court system. Nonetheless, civil law alone is insufficient to meet the women's needs and access to a religious authority remains a vital resource for many Muslim women. There is, however, a dynamic and evolving relationship emerging between Muslim family law practices and English law, which is still only at the embryonic stage.