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Women in Classical Islamic Law

Author : Susan Ann Spectorsky
Publisher : BRILL
Page : 235 pages
File Size : 16,37 MB
Release : 2010
Category : Social Science
ISBN : 9004174354

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Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.

Woman and Islamic Law

Author : Safia Iqbal
Publisher :
Page : 200 pages
File Size : 43,43 MB
Release : 1988
Category : Muslim women
ISBN :

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Woman in Islamic Shari'ah

Author : Vaḥīduddīn K̲h̲ān̲
Publisher : goodword
Page : 252 pages
File Size : 41,46 MB
Release : 2000
Category : Women
ISBN : 8187570318

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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.

Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel

Author : Ahmad Natour
Publisher : Rowman & Littlefield
Page : 223 pages
File Size : 38,65 MB
Release : 2021-04-07
Category : Law
ISBN : 1793640971

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The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

Women and Leadership in Islamic Law

Author : David Solomon Jalajel
Publisher : Routledge
Page : 476 pages
File Size : 26,98 MB
Release : 2016-11-10
Category : Religion
ISBN : 1317302737

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Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. ‘Women and Leadership in Islamic Law’ examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.

Women in Muslim Family Law

Author : John L. Esposito
Publisher : Syracuse University Press
Page : 180 pages
File Size : 22,27 MB
Release : 1982
Category : Law
ISBN : 9780815622789

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Expands and updates family law as it pertains to women with regard to marriage, divorce and inheritance throughout the Middle East.This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law reforms -- marriage, divorce, and inheritance -- throughout the Middle East, North Africa, South and Southeast Asia. Copyright © Libri GmbH. All rights reserved.

The Logic of Law Making in Islam

Author : Behnam Sadeghi
Publisher : Cambridge University Press
Page : 241 pages
File Size : 43,44 MB
Release : 2013-02-11
Category : History
ISBN : 1139789252

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This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.

Speaking in God's Name

Author : Khaled Abou El Fadl
Publisher : Simon and Schuster
Page : 192 pages
File Size : 32,36 MB
Release : 2014-10-01
Category : Religion
ISBN : 1780744684

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Drawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.

Wives and Work

Author : Marion Holmes Katz
Publisher : Columbia University Press
Page : 202 pages
File Size : 15,93 MB
Release : 2022-10-25
Category : Religion
ISBN : 0231556705

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It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.