Promoting Women S Rights In Islamic Law In A Non Muslim State Israel

Author : Ahmad Natour
Publisher : Rowman & Littlefield
Page : 223 pages
File Size : 47,6 Mb
Release : 2021-04-07
Category : Law
ISBN : 9781793640970

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Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel by Ahmad Natour Pdf

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 : Ahron Layish
Publisher : Routledge
Page : 365 pages
File Size : 53,6 Mb
Release : 2017-09-04
Category : Religion
ISBN : 9781351471428

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Women and Islamic Law in a Non-Muslim State by Ahron Layish Pdf

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Author : Aharon Layish
Publisher : Transaction Pub
Page : 369 pages
File Size : 45,5 Mb
Release : 1975
Category : Law
ISBN : 1412805848

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Women and Islamic Law in a Non-Muslim State by Aharon Layish Pdf

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation? Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Author : Aharon Layish
Publisher : Transaction Pub
Page : 369 pages
File Size : 40,8 Mb
Release : 2002
Category : Social Science
ISBN : 0765809834

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Women and Islamic Law in a Non-Muslim State by Aharon Layish Pdf

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the "shari'a" courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the "shari'a" courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in "shari'a" courts, followed by social analyses and a study of the attitudes and approaches of the "qadis, " or Muslim religious judges. Layish examines the relationship between "shari'a" and Israeli legislation: Do "shari'a" courts have regard to the provisions of Israeli law? What is the relationship between "shari'a" and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the "qadis, " toward Israeli legislation? "Women and Islamic Law in a Non-Muslim State" is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Author : Anonim
Publisher : BRILL
Page : 252 pages
File Size : 50,7 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004446816

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Religious Minorities in Pluralist Societies by Anonim Pdf

The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.

Author : Yüksel Sezgin
Publisher : Cambridge University Press
Page : 323 pages
File Size : 45,8 Mb
Release : 2013-08-22
Category : Political Science
ISBN : 9781107435650

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Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India by Yüksel Sezgin Pdf

About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Author : Haleh Esfandiari
Publisher : Woodrow Wilson Center Press
Page : 252 pages
File Size : 54,8 Mb
Release : 1997-07
Category : History
ISBN : 0801856191

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Reconstructed Lives by Haleh Esfandiari Pdf

Iranian women tell in their own words what the revolution attempted and how they responded. The Islamic revolution of 1979 transformed all areas of Iranian life. For women, the consequences were extensive and profound, as the state set out to reverse legal and social rights women had won and to dictate many aspects of women's lives, including what they could study and how they must dress and relate to men. Reconstructed Lives presents Iranian women telling in their own words what the revolution attempted and how they responded. Through a series of interviews with professional and working women in Iran—doctors, lawyers, writers, professors, secretaries, businesswomen—Haleh Esfandiari gathers dramatic accounts of what has happened to their lives as women in an Islamic society. She and her informants describe the strategies by which women try to and sometimes succeed in subverting the state's agenda. Esfandiari also provides historical background on the women's movement in Iran. She finds evidence in Iran's experience that even women from "traditional" and working classes do not easily surrender rights or access they have gained to education, career opportunities, and a public role.

Author : Jean L. Cohen,Andrew Arato,Astrid von Busekist
Publisher : Columbia University Press
Page : 669 pages
File Size : 45,8 Mb
Release : 2018-09-25
Category : Political Science
ISBN : 9780231546959

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Forms of Pluralism and Democratic Constitutionalism by Jean L. Cohen,Andrew Arato,Astrid von Busekist Pdf

The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.

Author : José Casanova
Publisher : Oxford University Press
Page : 512 pages
File Size : 41,8 Mb
Release : 2017-04-15
Category : Religion
ISBN : 9780191092862

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Islam, Gender, and Democracy in Comparative Perspective by José Casanova Pdf

The relationship between secularism, democracy, religion, and gender equality has been a complex one across Western democracies and still remains contested. When we turn to Muslim countries, the situation is even more multifaceted. In the views of many western commentators, the question of Women Rights is the litmus test for Muslim societies in the age of democracy and liberalism. Especially since the Arab Awakening, the issue is usually framed as the opposition between liberal advocates of secular democracy and religious opponents of women's full equality. Islam, Gender, and Democracy in Comparative Perspective critically re-engages this too simple binary opposition by reframing the debate around Islam and women's rights within a broader comparative literature. Bringing together leading scholars from a range of disciplines, it examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part One addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part Two localizes the implementation of this nexus between law, gender, and democracy and provides contextualized responses to questions raised in Part One. The contributors explore the situation of Muslim women's rights in minority conditions to shed light on the gender politics in the modernization of the nation and to ponder on the role of Islam in gender inequality across different Muslim countries.

Author : Muhammad Al-Atawneh,Nohad Ali
Publisher : Cambridge University Press
Page : 213 pages
File Size : 54,9 Mb
Release : 2018-01-11
Category : History
ISBN : 9781108423267

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Islam in Israel by Muhammad Al-Atawneh,Nohad Ali Pdf

This unique window into Muslim identities provides scholars and students with important up-to-date data about real Muslims living in Israel.

Author : Sahar Maranlou
Publisher : Cambridge University Press
Page : 277 pages
File Size : 53,6 Mb
Release : 2015
Category : Law
ISBN : 9781107072602

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Access to Justice in Iran by Sahar Maranlou Pdf

A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.

Author : Anonim
Publisher : Unknown
Page : 922 pages
File Size : 48,7 Mb
Release : 2004
Category : Civil rights
ISBN : MSU:31293027167406

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Country Reports on Human Rights Practices by Anonim Pdf

Author : L. Ali Khan
Publisher : Edinburgh University Press
Page : 264 pages
File Size : 52,6 Mb
Release : 2012-09-17
Category : Religion
ISBN : 9780748675944

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Contemporary Ijtihad by L. Ali Khan Pdf

The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.

Author : Amos A. Jordan,William J. Taylor, Jr.,Michael J. Meese,Suzanne C. Nielsen
Publisher : JHU Press
Page : 682 pages
File Size : 51,9 Mb
Release : 2009-02-20
Category : History
ISBN : 9780801891540

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American National Security by Amos A. Jordan,William J. Taylor, Jr.,Michael J. Meese,Suzanne C. Nielsen Pdf

The sixth edition of American National Security has been extensively rewritten to take into account the significant changes in national security policy in the past decade. Thorough revisions reflect a new strategic context and the challenges and opportunities faced by the United States in the early twenty-first century. Highlights include: • An examination of the current international environment and new factors affecting U.S. national security policy making• A discussion of the Department of Homeland Security and changes in the intelligence community• A survey of intelligence and national security, with special focus on security needs post-9/11• A review of economic security, diplomacy, terrorism, conventional warfare, counterinsurgency, military intervention, and nuclear deterrence in the changed international setting• An update of security issues in East Asia, South and Southeast Asia, the Middle East, Sub-Saharan Africa, Russia and Central Asia, and Latin America and the Caribbean• New material on globalization, transnational actors, and human security Previous editions have been widely used in undergraduate and graduate courses. -- James Schlesinger, former Secretary of Defense, from the foreword

Author : Aymon Kreil,Lucia Sorbera,Serena Tolino
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 46,7 Mb
Release : 2020-12-10
Category : History
ISBN : 9781838604103

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Sex and Desire in Muslim Cultures by Aymon Kreil,Lucia Sorbera,Serena Tolino Pdf

What have different ideas about sex and gender meant for people throughout the history of the Middle East and North Africa? This book traces sex and desire in Muslim cultures through a collection of chapters that span the 9th to 21st centuries. Looking at spaces and periods where sexual norms and the categories underpinning them emerge out of multiple subjectivities, the book shows how people constantly negotiate the formulation of norms, their boundaries and their subversion. It demonstrates that the cultural and political meanings of sexualities in Muslim cultures - as elsewhere – emerge from very specific social and historical contexts. The first part of the book examines how people constructed, discussed and challenged sexual norms from the Abbasid to the Ottoman period. The second part looks at literary and cinematic Arab cultural production as a site for the construction and transgression of gender norms. The third part builds on feminist historiography and social anthropology to question simplistic dichotomies and binaries. Each of the contributions shows how understanding of sexualities and the subjectivities that evolve from them are rooted in the mutually-constitutive relationships between gender and political power. In identifying the plurality of discourses on desires, the book goes beyond the dichotomy of norm and transgression to glimpse what different sexual norms have meant at different times across the Middle East.