Gender And Equality In Muslim Family Law
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Gender And Equality In Muslim Family Law
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Author : Lena Larsen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-04-30
Gender And Equality In Muslim Family Law written by Lena Larsen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-30 with Social Science categories.
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. "
Wanted
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Author : Zainah Anwar
language : en
Publisher:
Release Date : 2009
Wanted written by Zainah Anwar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Domestic relations (Islamic law) categories.
Women S Rights And Islamic Family Law
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Author : Lynn Welchman
language : en
Publisher: Zed Books
Release Date : 2004-06
Women S Rights And Islamic Family Law written by Lynn Welchman and has been published by Zed Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06 with Law categories.
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.
Gender Religion And Family Law
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Author : Lisa Fishbayn Joffe
language : en
Publisher: UPNE
Release Date : 2013
Gender Religion And Family Law written by Lisa Fishbayn Joffe and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Muslim Family Law In Western Courts
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Author : Elisa Giunchi
language : en
Publisher: Routledge
Release Date : 2014-03-26
Muslim Family Law In Western Courts written by Elisa Giunchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Social Science categories.
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.
Justice And Beauty In Muslim Marriage
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Author : Ziba Mir-Hosseini
language : en
Publisher: Simon and Schuster
Release Date : 2022-11-03
Justice And Beauty In Muslim Marriage written by Ziba Mir-Hosseini and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Social Science categories.
The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness and beauty).
Journeys Toward Gender Equality In Islam
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Author : Ziba Mir-Hosseini
language : en
Publisher: Simon and Schuster
Release Date : 2022-04-07
Journeys Toward Gender Equality In Islam written by Ziba Mir-Hosseini and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-07 with Religion categories.
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
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Author : Vrinda Narain
language : en
Publisher: University of Toronto Press
Release Date : 2001-01-01
Gender And Community written by Vrinda Narain and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Law categories.
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.
Women The Koran And International Human Rights Law
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Author : Niaz Shah
language : en
Publisher: BRILL
Release Date : 2006-09-12
Women The Koran And International Human Rights Law written by Niaz Shah and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-12 with Law categories.
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.
Men In Charge
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Author : Ziba Mir-Hosseini
language : en
Publisher: Simon and Schuster
Release Date : 2014-12-10
Men In Charge written by Ziba Mir-Hosseini and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-10 with Religion categories.
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.