Gender and Equality in Muslim Family Law

Gender and Equality in Muslim Family Law

Author: Lena Larsen

Publisher: Bloomsbury Publishing

Published: 2013-04-30

Total Pages: 288

ISBN-13: 0857721690

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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. "


Book Synopsis Gender and Equality in Muslim Family Law by : Lena Larsen

Download or read book Gender and Equality in Muslim Family Law written by Lena Larsen and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "


Women's Rights and Islamic Family Law

Women's Rights and Islamic Family Law

Author: Lynn Welchman

Publisher: Zed Books

Published: 2004-06

Total Pages: 328

ISBN-13: 9781842770955

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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.


Book Synopsis Women's Rights and Islamic Family Law by : Lynn Welchman

Download or read book Women's Rights and Islamic Family Law written by Lynn Welchman and published by Zed Books. This book was released on 2004-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Wanted

Wanted

Author: Zainah Anwar

Publisher:

Published: 2009

Total Pages: 280

ISBN-13:

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Book Synopsis Wanted by : Zainah Anwar

Download or read book Wanted written by Zainah Anwar and published by . This book was released on 2009 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Gender, Religion, and Family Law

Gender, Religion, and Family Law

Author: Lisa Fishbayn Joffe

Publisher: UPNE

Published: 2013

Total Pages: 346

ISBN-13: 1611683270

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Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices


Book Synopsis Gender, Religion, and Family Law by : Lisa Fishbayn Joffe

Download or read book Gender, Religion, and Family Law written by Lisa Fishbayn Joffe and published by UPNE. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices


Women in Muslim Family Law

Women in Muslim Family Law

Author: John L. Esposito

Publisher: Syracuse University Press

Published: 1982

Total Pages: 180

ISBN-13: 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.


Book Synopsis Women in Muslim Family Law by : John L. Esposito

Download or read book Women in Muslim Family Law written by John L. Esposito and published by Syracuse University Press. This book was released on 1982 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Men in Charge?

Men in Charge?

Author: Ziba Mir-Hosseini

Publisher: Simon and Schuster

Published: 2014-12-10

Total Pages: 304

ISBN-13: 1780747179

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Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discrimination. One refers to a husband’s authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.


Book Synopsis Men in Charge? by : Ziba Mir-Hosseini

Download or read book Men in Charge? written by Ziba Mir-Hosseini and published by Simon and Schuster. This book was released on 2014-12-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discrimination. One refers to a husband’s authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.


Journeys Toward Gender Equality in Islam

Journeys Toward Gender Equality in Islam

Author: Ziba Mir-Hosseini

Publisher: Simon and Schuster

Published: 2022-04-07

Total Pages: 398

ISBN-13: 0861543289

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If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari‘a. In thought-provoking discussions with six influential Muslim intellectuals – Abdullahi An-Na’im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi – Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.


Book Synopsis Journeys Toward Gender Equality in Islam by : Ziba Mir-Hosseini

Download or read book Journeys Toward Gender Equality in Islam written by Ziba Mir-Hosseini and published by Simon and Schuster. This book was released on 2022-04-07 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari‘a. In thought-provoking discussions with six influential Muslim intellectuals – Abdullahi An-Na’im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi – Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.


Gender and Community

Gender and Community

Author: Vrinda Narain

Publisher: University of Toronto Press

Published: 2001-01-01

Total Pages: 238

ISBN-13: 9780802048691

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These issues are significant not only for Muslim women in India, but also in the broader context of the accommodation of cultural diversity in pluralist democracies."--BOOK JACKET.


Book Synopsis Gender and Community by : Vrinda Narain

Download or read book Gender and Community written by Vrinda Narain and published by University of Toronto Press. This book was released on 2001-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: These issues are significant not only for Muslim women in India, but also in the broader context of the accommodation of cultural diversity in pluralist democracies."--BOOK JACKET.


Muslim Family Law in Western Courts

Muslim Family Law in Western Courts

Author: Elisa Giunchi

Publisher: Routledge

Published: 2014-03-26

Total Pages: 212

ISBN-13: 1317750314

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This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.


Book Synopsis Muslim Family Law in Western Courts by : Elisa Giunchi

Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.


Women, the Koran and International Human Rights Law

Women, the Koran and International Human Rights Law

Author: Niaz Shah

Publisher: BRILL

Published: 2006-11-01

Total Pages: 273

ISBN-13: 9047410173

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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.


Book Synopsis Women, the Koran and International Human Rights Law by : Niaz Shah

Download or read book Women, the Koran and International Human Rights Law written by Niaz Shah and published by BRILL. This book was released on 2006-11-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.