gender and equality in muslim family law

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Gender And Equality In Muslim Family Law

Author : Ziba Mir-Hosseini
ISBN : 1784537403
Genre : Social Science
File Size : 78. 22 MB
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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.

Men In Charge

Author : Ziba Mir-Hosseini
ISBN : 1780747160
Genre : Religion
File Size : 88. 40 MB
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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, though it varies considerably in its impact, according to both class and region. Since the late 19th century there has been a mass of literature tackling this issue, some from a feminist or human rights perspective, some taking the form of an apology for Islamic law.

Islam And Gender

Author : Ziba Mir-Hosseini
ISBN : 1850432686
Genre : Muslim women
File Size : 66. 25 MB
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How can justice for women be achieved in an Islamic society? Through a series of lively interviews with clerics in the Iranian religious centre of Qom, Ziba Mir-Hosseini explores the issue of gender with Islamic jurisprudence and examines how clerics today perpetuate and modify these notions.

Family Law In Islam

Author : Maaike Voorhoeve
ISBN : 9781848857421
Genre : History
File Size : 40. 90 MB
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In both the West and throughout the Muslim world, Islamic family law is a highly - and hotly - debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul'), to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families, and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics, and Society in the Middle East and North Africa.

Marriage On Trial

Author : Ziba Mir-Hosseini
ISBN : 1860646085
Genre : Law
File Size : 80. 59 MB
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Debates over family law are a sensitive subject in the Muslim world, revealing something of the struggle between forces of traditionalism and modernism. The highly disparate tendencies within Islamic "fundamentalism" share a desire to re-institute Shar'ia law, regarded as the last bastion of the Islamic ideal of social relations. This book probes the theory and practice of Islamic family law in the contemporary Muslim world, focusing on the dynamics of marriage and the consequences of its breakdown, and the ways in which litigants manipulate the law to resolve marital and child custody disputes.

Gender Religion And Family Law

Author : Lisa Fishbayn Joffe
ISBN : 9781611683271
Genre : Law
File Size : 54. 81 MB
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Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices


Author : Zainah Anwar
ISBN : 9832622263
Genre : Law
File Size : 63. 30 MB
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