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Author : Lynn Welchman
Publisher : Zed Books
Page : 328 pages
File Size : 41,9 Mb
Release : 2004-06
Category : Law
ISBN : 1842770950
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 : Lena Larsen,Ziba Mir-Hosseini,Christian Moe,Kari Vogt
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 44,5 Mb
Release : 2013-04-30
Category : Social Science
ISBN : 9780857721693
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 : Lisa Fishbayn Joffe,Sylvia Neil
Publisher : UPNE
Page : 346 pages
File Size : 44,8 Mb
Release : 2013
Category : Law
ISBN : 9781611683271
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Author : Lynn Welchman
Publisher : Amsterdam University Press
Page : 255 pages
File Size : 52,7 Mb
Release : 2007
Category : Social Science
ISBN : 9789053569740
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 : Marianne Bøe
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 50,9 Mb
Release : 2015-01-20
Category : Social Science
ISBN : 9781786739827
Passed into law over a decade before the Revolution, the Family Protection Law quickly drew the ire of the conservative clergy and the Ayatollah Khomeini in 1979. In fact, it was one of the first laws to be rescinded following the revolution. The law was hardly a surprising target, however, since women's status in Iran was then - and continues now to be - a central concern of Iranian political leaders, media commentators, and international observers alike. Taking up the issue of women's status in a modern context, Marianne Boe offers a nuanced view of how women's rights activists assert their rights within an Islamic context by weaving together religious and historical texts and narratives. Through Her substantial fieldwork and novel analysis, Boe undermines both the traditional view of 'Islamic Feminism' as monolithic and clears a path to a new understanding of the role of women's rights activists in shaping and synthesizing debates on the shari'a, women's rights and family law. As such, this book is essential for anyone studying family law and the role of women in contemporary Iran.
Author : Zainah Anwar
Publisher : Unknown
Page : 280 pages
File Size : 52,6 Mb
Release : 2009
Category : Domestic relations (Islamic law)
ISBN : STANFORD:36105132782389
Author : John L. Esposito
Publisher : Syracuse University Press
Page : 180 pages
File Size : 54,6 Mb
Release : 1982
Category : Law
ISBN : 0815622783
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 : Zainah Anwar,Rashidah Abdullah
Publisher : Unknown
Page : 298 pages
File Size : 42,8 Mb
Release : 2000
Category : Fertility, Human
ISBN : UOM:39015051699943
Author : Ekaterina Yahyaoui Krivenko
Publisher : BRILL
Page : 280 pages
File Size : 54,8 Mb
Release : 2008-11-13
Category : Law
ISBN : 9789047424758
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.
Author : Tove Stang Dahl
Publisher : Unknown
Page : 228 pages
File Size : 43,5 Mb
Release : 1997
Category : Political Science
ISBN : UVA:X004157245
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 : Chitra Raghavan,James P. Levine
Publisher : UPNE
Page : 370 pages
File Size : 46,9 Mb
Release : 2012
Category : Law
ISBN : 9781611682816
An interdisciplinary anthology on the intersections of gender, Islam, and law
Author : Niaz Shah
Publisher : BRILL
Page : 273 pages
File Size : 55,6 Mb
Release : 2006-09-12
Category : Law
ISBN : 9789047410171
Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
Author : ʻAbd Allāh Aḥmad Naʻīm
Publisher : Zed Books
Page : 340 pages
File Size : 54,7 Mb
Release : 2002-08
Category : Family & Relationships
ISBN : 1842770934
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.
Author : Mona Samadi
Publisher : BRILL
Page : 234 pages
File Size : 53,7 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004446953
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Author : Mahnaz Akhami,Yakın Ertürk,Ann Elizabeth Mayer
Publisher : Routledge
Page : 268 pages
File Size : 55,9 Mb
Release : 2018-09-20
Category : Law
ISBN : 9780429796333
Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.