Minor Marriage in Early Islamic Law

Minor Marriage in Early Islamic Law

Author: Carolyn Baugh

Publisher: BRILL

Published: 2017-06-06

Total Pages: 273

ISBN-13: 9004344861

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In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate.


Marriage and Slavery in Early Islam

Marriage and Slavery in Early Islam

Author: Kecia Ali

Publisher: Harvard University Press

Published: 2010-10-30

Total Pages: 273

ISBN-13: 0674050592

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A remarkable research accomplishment. Ali leads us through three strands of early Islamic jurisprudence with careful attention to the nuances and details of the arguments.


Politics, Gender, and the Islamic Past

Politics, Gender, and the Islamic Past

Author: Denise A. Spellberg

Publisher: Columbia University Press

Published: 1994

Total Pages: 260

ISBN-13: 9780231079990

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This study examines the most beloved and controversial of Mohammed's wives as a rich symbol for medieval and modern Islamic society. It explores the debates surrounding A'isha's depiction in historical literature, describing how she has been praised and condemned by generations of Muslim writers.


Child Custody in Islamic Law

Child Custody in Islamic Law

Author: Ahmed Fekry Ibrahim

Publisher: Cambridge University Press

Published: 2018-08-09

Total Pages: 281

ISBN-13: 1108470564

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A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.


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.


Marriage, Money and Divorce in Medieval Islamic Society

Marriage, Money and Divorce in Medieval Islamic Society

Author: Yossef Rapoport

Publisher: Cambridge University Press

Published: 2005-04-21

Total Pages: 154

ISBN-13: 1139444816

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High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.


Wives and Work

Wives and Work

Author: Marion Holmes Katz

Publisher: Columbia University Press

Published: 2022-10-25

Total Pages: 202

ISBN-13: 0231556705

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It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.


Family Law in Islam

Family Law in Islam

Author: Maaike Voorhoeve

Publisher: I.B. Tauris

Published: 2016-03-18

Total Pages: 256

ISBN-13: 9781784536268

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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."


China and Islam

China and Islam

Author: Matthew S. Erie

Publisher: Cambridge University Press

Published: 2016-09

Total Pages: 473

ISBN-13: 1107053374

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This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.


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.