Gender and Equality in Muslim Family Law

Justice and Ethics in the Islamic Legal Tradition

Häftad, Engelska, 2017

309 kr

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Beskrivning

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. "

Produktinformation

Utgivningsdatum:2017-01-18
Mått:156 x 234 x 24 mm
Vikt:400 g
Format:Häftad
Språk:Engelska
Antal sidor:288
Förlag:Bloomsbury Publishing PLC
ISBN:9781784537401

Utforska kategorier

Samhälle och kultur inom Samhälle och politik
Sociala grupper och identitet inom Samhälle och politik
Civilrätt inom Juridik

Mer om författaren

Ziba Mir-Hosseini is a legal anthropologist, specializing in Islamic law, gender and development, and a founding member of the Musawah Global Movement for Equality and Justice in the Muslim Family. She has published books on Islamic family law in Iran and Morocco, Iranian clerical discourses on gender, Islamic reformist thinkers, and the revival of zina laws. She has also co-directed two award-winning feature-length documentary films on Iran: Divorce Iranian Style (1998) and Runaway (2001). Kari Vogt is Associate Professor (Emerita) at the Department of Cultural Studies and Oriental Languages at the University of Oslo, Norway. She has published widely on Islamic and Middle East issues.

Recensioner i media

The book accomplishes its goal by exploring the political and hermeneutical challengesthat hinder gender equality from being fully realized by scrutinizing Islamic texts and jurists’ opinions.

Innehållsförteckning

Introduction: Muslim Family Law and the Question of Equality. Ziba Mir-Hosseini, Kari Vogt, Lena Larsen and Christian Moe1. Justice, Equality and Muslim Family Laws: New Ideas, New Prospects. Ziba Mir-HosseiniPart I: Perspectives on Reality2. Qiw?ma in Egyptian Family Laws: ‘Wifely Obedience’ between Legal Texts, Courtroom Practices and Realities of Marriages. Mulki Al-Sharmani3. Egyptian Women’s Rights NGOs: Personal Status Law Reform between Islamic and International Human Rights Law. Marwa Sharafeldin4. The Religious Arguments in the Debate on the Reform of the Moroccan Family Code. Aïcha El Hajjami5. From Local to Global: Sisters in Islam and the Making of Musawah: A Global Movement for Equality in the Muslim Family. Zainah AnwarPart II: Approaches to Reform6. Gender Equality and the Doctrine of Wilaya. Muhammad Khalid Masud7. The Status of Women between the Qur‘an and Fiqh. Nasr Abu-Zayd8. Gender Equality and the Hadith of the Prophet Muhammad: Reinterpreting the Concepts of Mahram and Qiwama. Faqihuddin Abdul Kodir9. Rethinking Men’s Authority over Women: Qiwama, Wilaya and their Underlying Assumptions. Hassan Yousefi Eshkevari10. Revisiting Women’s Rights in Islam: ‘Egalitarian Justice’ in Lieu of ‘Deserts-based Justice’. Mohsen KadivarPart III: Instead of a Conclusion11. The Paradox of Equality and the Politics of Difference: Gender Equality, Islamic Law and the Modern Muslim State. Anver M. Emon

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