Advancing the Legal Status of Women in Islamic Law

Advancing the Legal Status of Women in Islamic Law

Author: Mona Samadi

Publisher: BRILL

Published: 2021-05-25

Total Pages: 234

ISBN-13: 9004446958

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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.


Women and Muslim Family Laws in Arab States

Women and Muslim Family Laws in Arab States

Author: Lynn Welchman

Publisher: Amsterdam University Press

Published: 2007

Total Pages: 255

ISBN-13: 905356974X

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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.


Sharia and Women's Rights in Afghanistan

Sharia and Women's Rights in Afghanistan

Author: Anastasiya Hozyainova

Publisher:

Published: 2014

Total Pages: 9

ISBN-13: 9781601272263

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Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.


Women and Property Rights in Indonesian Islamic Legal Contexts

Women and Property Rights in Indonesian Islamic Legal Contexts

Author: John Bowen

Publisher: BRILL

Published: 2018-11-01

Total Pages: 174

ISBN-13: 9004386297

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In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.


Women's Rights in the Middle East and North Africa

Women's Rights in the Middle East and North Africa

Author: Sanja Kelly

Publisher: Rowman & Littlefield Publishers

Published: 2010-07-16

Total Pages: 606

ISBN-13: 1442203978

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Freedom HouseOs innovative publication WomenOs Rights in the Middle East and North Africa: Progress Amid Resistance analyzes the status of women in the region, with a special focus on the gains and setbacks for womenOs rights since the first edition was released in 2005. The study presents a comparative evaluation of conditions for women in 17 countries and one territory: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine (Palestinian Authority and Israeli-Occupied Territories), Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. The publication identifies the causes and consequences of gender inequality in the Middle East, and provides concrete recommendations for national and international policymakers and implementers. Freedom House is an independent nongovernmental organization that supports democratic change, monitors freedom, and advocates for democracy and human rights. The project has been embraced as a resource not only by international players like the United Nations and the World Bank, but also by regional womenOs rights organizations, individual activists, scholars, and governments worldwide. WomenOs rights in each country are assessed in five key areas: (1) Nondiscrimination and Access to Justice; (2) Autonomy, Security, and Freedom of the Person; (3) Economic Rights and Equal Opportunity; (4) Political Rights and Civic Voice; and (5) Social and Cultural Rights. The methodology is based on the Universal Declaration of Human Rights, and the study results are presented through a set of numerical scores and analytical narrative reports.


The Politics of Islamic Law

The Politics of Islamic Law

Author: Iza R. Hussin

Publisher: University of Chicago Press

Published: 2016-03-31

Total Pages: 360

ISBN-13: 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.


Women, the Family, and Divorce Laws in Islamic History

Women, the Family, and Divorce Laws in Islamic History

Author: Amira El-Azhary Sonbol

Publisher: Syracuse University Press

Published: 1996-06-01

Total Pages: 384

ISBN-13: 9780815626886

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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.


Women and Gender in Islam

Women and Gender in Islam

Author: Jin Xu

Publisher: Yale University Press

Published: 2021

Total Pages: 313

ISBN-13: 0300257317

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A classic, pioneering account of the lives of women in Islamic history, republished for a new generation This pioneering study of the social and political lives of Muslim women has shaped a whole generation of scholarship. In it, Leila Ahmed explores the historical roots of contemporary debates, ambitiously surveying Islamic discourse on women from Arabia during the period in which Islam was founded to Iraq during the classical age to Egypt during the modern era. The book is now reissued as a Veritas paperback, with a new foreword by Kecia Ali situating the text in its scholarly context and explaining its enduring influence. “Ahmed’s book is a serious and independent-minded analysis of its subject, the best-informed, most sympathetic and reliable one that exists today.”—Edward W. Said “Destined to become a classic. . . . It gives [Muslim women] back our rightful place, at the center of our histories.”—Rana Kabbani, The Guardian


Reconstructed Lives

Reconstructed Lives

Author: Haleh Esfandiari

Publisher: Woodrow Wilson Center Press

Published: 1997-07

Total Pages: 252

ISBN-13: 9780801856198

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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.


Women and Equality in Iran

Women and Equality in Iran

Author: Leila Alikarami

Publisher: Bloomsbury Publishing

Published: 2019-05-30

Total Pages: 398

ISBN-13: 1788318862

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Iran's continued retention of discriminatory laws stands in stark contrast to the advances Iranian women have made in other spheres since the Revolution in 1979. Leila Alikarami here aims to determine the extent to which the actions of women's rights activists have led to a significant change in their legal status. She argues that while Iranian women have not yet obtained legal equality, the gender bias of the Iranian legal system has been successfully challenged and has lost its legitimacy. More pertinently, the social context has become more prepared to accommodate legal rights for women. Highlighting the key challenges that proponents of gender equality face in the Muslim context, Alikarami attempts to ascertain the causes of Iran's failure to ratify the CEDAW and questions whether and to what extent interpretations of Islamic principles prevent Iran from doing so. Applying feminist legal theory to contemporary Iran, Alikarami's approach re-evaluates the underlying principles that have shaped the struggle for equal rights between the sexes.