Women’s Shariah Court-Muslim Women’s Quest for Justice
Women’s Shariah Court-Muslim Women’s Quest for Justice

Author: Dr. Noorjehan Safia Niaz

Publisher: Notion Press

Published: 2016-08-03

Total Pages: 318

ISBN-13: 1945688807

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Would it be easy to imagine a court where justice is dispensed not by women and men wearing black flowing gowns but by ordinarily dressed, uneducated women? Muslim women living in slum communities of Mumbai took upon themselves the job of providing legal aid to other distressed women. Need for justice is as crucial as other needs, especially for women who face marginalization on a large scale. This book looks closely at the genesis of these groups, their history, their interventions, their motivations and their contributions to women’s movement. The book suggests recommendations for strengthening alternative dispute resolution forums where justice will be dispensed not by learned lawyers but by ordinarily dressed unlettered women. These women, through their innate sense of justice reaches out passionately towards other equally battered women and together they journey towards a life of dignity.

Muslim Women and Shari'ah Councils
Muslim Women and Shari'ah Councils

Author: S. Bano

Publisher: Springer

Published: 2012-11-14

Total Pages: 354

ISBN-13: 1137283858

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Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Revisiting Muslim Women’s Activism
Revisiting Muslim Women’s Activism

Author: Esita Sur

Publisher: Taylor & Francis

Published: 2022-12-12

Total Pages: 185

ISBN-13: 1000824608

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This book traces the evolution of organisational activism among Muslim women in India. It deconstructs the 'Muslim woman' as the monolith based on tropes like purdah, polygamy, and tin talaq and compels the reader to revisit the question of Muslim women’s individual and collective agency. The book argues that the political field, along with religion, moulds the nature and scope of Muslim women’s activism in India. It looks at the objectives of four Muslim women’s organisations: the Bazm-e-Niswan, the Awaaz-e-Niswaan, the Bharatiya Muslim Mahila Andolan and the India International Women’s Alliance (IIWA), in close interaction with the political landscape of Mumbai. The book explores the emergence of gender-inclusive interpretation of Muslim women’s rights by Muslim women activists and challenges the dominant and reductionist stereotypes on Muslim women, community, and absolutist ideas of Islam. It argues that Muslim women are not passive victims of their culture and religion, rather they can develop a critique of their marginality and subjugation from within the community. Revisiting Muslim Women’s Activism traces the evolution of a community-centric approach in women’s activism and records a fragmented view on women’s rights from within the community and religious leadership. It also delineates the distinctiveness of this activism that considers religion and culture as resources for empowerment and as sites of contestations. Moreover, the book documents the narratives of Muslim women’s struggle and resistance from their location and lived experiences. It will be of interest to students and researchers of women’s studies, gender studies, political science, sociology, anthropology, law, and Islamic studies.

Muslim Women's Quest for Justice
Muslim Women's Quest for Justice

Author: Mengia Hong Tschalaer

Publisher: Cambridge University Press

Published: 2017-07-04

Total Pages: 278

ISBN-13: 1108225721

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This book is an urban ethnographic study of several Muslim women's organisations in northern India. These organisations work to carve out spaces that allow for the articulation of alternative experiences and conceptions of religion and justice that challenge Islamic orthodoxy as well as the monopoly of the Indian state in the domain of family law. While most analyses on reform efforts within Muslim family law in India have focused on women's protection within the state legal system, this book offers the rare opportunity to understand how organised groups of Muslim women's rights activists contest marginalising forces present in the family and criminal courts, Shariat courts, local mosques, workplace, legislature and legal documents. It pushes against troubling assumptions that Islam is incompatible with ideas of women's rights and that the State is the only dispenser of justice, and offers new directions for studies on the dispersed nature of women's identities in Islamic family law.

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.

Islam and Democracy in Iran
Islam and Democracy in Iran

Author: Ziba Mir-Hosseini

Publisher: Bloomsbury Publishing

Published: 2006-05-26

Total Pages: 209

ISBN-13: 0857713752

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In today's world all eyes are on Iran, which has grappled with an experiment that has had a massive global impact. For some, the Iranian Revolution of 1978-79 was the triumph of a modern, political Islam, heralding Muslim justice and economic prosperity. Others, including many of the original revolutionaries, saw religious fanatics attempting to roll back time by creating a despotic theocracy. Either way, the Iranian Revolution changed the Muslim world. It not only inspired the Muslim masses but also reinvigorated intellectual debates on the nature and possibilities of an Islamic state. The new 'Islamic Republic of Iran' combined not just religion and the state, but theocracy and democracy. Yet the revolution's heirs were soon engaged in a protracted struggle over its legacy. Dissident thinkers, from within an Islamic framework, sought a rights-based political order that could accept dissent, tolerance, pluralism, women's rights and civil liberties. Their ideas led directly to the presidency of Mohammad Khatami and, despite their political failure, they did leave a permanent legacy by demystifying Iranian religious politics, and condemning the use of the Shariah to justify autocratic rule. This book tells the story of the reformist movement through the world of Hasan Yousefi Eshkevari. An active supporter of the revolution who became one of the most outspoken critics of theocracy, Eshkevari developed ideas of 'Islamic democratic government', which have attracted considerable attention in Iran and elsewhere. In presenting a selection of Eshkevari's writings, this book reveals the intellectual and political trajectory of a Muslim thinker and his attempts to reconcile Islam with reform and democracy. As such it makes a highly original contribution to our understanding of the difficult social and political issues confronting the Islamic world today.

Islam and the Rule of Justice
Islam and the Rule of Justice

Author: Lawrence Rosen

Publisher: University of Chicago Press

Published: 2018-03-13

Total Pages: 293

ISBN-13: 022651174X

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In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Access to Justice in Iran
Access to Justice in Iran

Author: Sahar Maranlou

Publisher: Cambridge University Press

Published: 2015

Total Pages: 277

ISBN-13: 1107072603

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

Gender Perspectives in Private Law
Gender Perspectives in Private Law

Author: Gabriele Carapezza Figlia

Publisher: Springer Nature

Published: 2023-02-15

Total Pages: 257

ISBN-13: 3031140923

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This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.

Contemporary Muslim Girlhoods in India
Contemporary Muslim Girlhoods in India

Author: Saba Hussain

Publisher: Routledge

Published: 2019-06-06

Total Pages: 202

ISBN-13: 042988527X

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Based on empirical research in India, this book presents a post-colonial feminist analysis of subjectivities available to Muslim girls and the ways in which they are inhabited and negotiated. Examining government education policies together with the narratives of teachers and parents, the author explores the manner in which gender, class, ethnicity and religion intersect both to confer certain subjectivities and to challenge or reinforce the conferred subjectivities. A study of the imposition of subjectivities that label Muslim girls as economically subordinate and culturally different, Contemporary Muslim Girlhoods in India analyses Muslim girls’ reconstructions of self through a combination of reflexivity, resilience and agency, and conformity. Drawing on the thought of Pierre Bourdieu and Nancy Fraser, this volume offers an original contribution to the study of gendered minorities, institutions and relationships in post-colonial contexts, and an alternative to identitarian politics or cultural explanations of Muslim women’s educational deprivation in India. As such, it will appeal to scholars of sociology and gender studies with interests in education, class, religion and identity.