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Author : Lynn Welchman
Publisher : Zed Books
Page : 328 pages
File Size : 34,71 MB
Release : 2004-06
Category : Law
ISBN : 9781842770955
Explores the present-day realties of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.
Author : Ahmad Natour
Publisher : Rowman & Littlefield
Page : 223 pages
File Size : 18,57 MB
Release : 2021-04-07
Category : Law
ISBN : 1793640971
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.
Author : Lynn Welchman
Publisher : Amsterdam University Press
Page : 255 pages
File Size : 21,35 MB
Release : 2007
Category : Social Science
ISBN : 905356974X
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.
Author : Lena Larsen
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 10,50 MB
Release : 2013-04-30
Category : Social Science
ISBN : 0857721690
Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "
Author : Amira El-Azhary Sonbol
Publisher : Syracuse University Press
Page : 384 pages
File Size : 37,83 MB
Release : 1996-06-01
Category : Social Science
ISBN : 9780815626886
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.
Author : Lisa Fishbayn Joffe
Publisher : UPNE
Page : 346 pages
File Size : 20,76 MB
Release : 2013
Category : Law
ISBN : 1611683270
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Author : John L. Esposito
Publisher : Syracuse University Press
Page : 220 pages
File Size : 27,65 MB
Release : 2001-09-01
Category : Law
ISBN : 9780815629085
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.
Author : Tove Stang Dahl
Publisher :
Page : 228 pages
File Size : 30,46 MB
Release : 1997
Category : Political Science
ISBN :
A translation of a study focusing on the Islamic family, considered as the foundation of society, and the laws which bind man and wife. Dahl (women's law, U. of Oslo, 1938-92) analyzes the legal conditions of Muslim women, describing the balance between the rules of religion, laws of state, and the actual laws of life, and penetrating into the betrothal and matrimonial traditions that are determined by the social conditions at different levels of Muslim society, specifically studying a poor quarter of Cairo. Lacks an index. Annotation copyrighted by Book News, Inc., Portland, OR
Author : John L. Esposito
Publisher : Syracuse University Press
Page : 180 pages
File Size : 37,95 MB
Release : 1982
Category : Law
ISBN : 9780815622789
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.
Author : Ekaterina Yahyaoui Krivenko
Publisher : BRILL
Page : 280 pages
File Size : 19,44 MB
Release : 2008-11-30
Category : Law
ISBN : 9047424751
Islam and women’s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and women’s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim States’ participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and women’s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.