[PDF] Women The Family And Divorce Laws In Islamic History eBook
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The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
This second edition of John L. Esposito's landmark book expands and updates coverage of family law reforms (in marriage, divorce, and inheritance) throughout the Middle East, North Africa, and South and Southeast Asia, and analyzes the diverse interpretation of Muslim family law, identifying shifts, key problems, and challenges in the twenty-first century.
A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
The book first explores some of the concrete issues fundamental to status of Muslim women, such as the production of statistics which mask women's contribution to the economies of Arab states. Mernissi also looks at a variety of demographics including education and literacy - she shows their importance not only for empowering women but also for improving their health.
In the first book to address the dilemma faced by Jordanian women in the workforce, Amira El-Azhary Sonbol delineates the constraints that exist in a number of legal practices, namely penal codes that permit violence against Muslim women and personal status laws that require a husband’s permission for a woman to work. Leniency in honor crimes and early marriage and motherhood for girls are other factors that extend the patriarchal power throughout a woman’s life, and ultimately deny her full legal competency. Significantly, Sonbol notes that society’s accepting as “Islamic” the legal constraints that control women’s work constitutes a major barrier to any effort to change them, even though historically the Islamic sharia actually encourages women’s work, and despite the fact that Muslim women have contributed materially to their society’s economy. The author covers new ground as she effectively illustrates how Jordanian laws governing gender, family, and work combine with laws and legal philosophies derived from tribal, traditional, Islamic, and modern laws to form a strict patriarchal structure.
Sharia controls the family and property interests of Muslims in countries where personal law is determined by religion, and it is the law referred to in such matters concerning Muslim citizens of such countries by courts in jurisdictions where nationality is the criterion for personal law.