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Author: Jamal J. Nasir
Publisher: BRILL
ISBN: 9004172734
Category : Religion
Languages : en
Pages : 247
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Book Description
There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.
Author: Jamal J. Nasir
Publisher: BRILL
ISBN: 9004172734
Category : Religion
Languages : en
Pages : 247
Get Book
Book Description
There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.
Author: Jamal J. Nasir
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 176
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Book Description
1) Marriage. 2) Dower. 3) Maintenance. 4) Dissolution of.
Author: Jamal J. Nasir
Publisher:
ISBN: 9781853334146
Category :
Languages : en
Pages : 159
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Book Description
Author: Mona Samadi
Publisher: BRILL
ISBN: 9004446958
Category : Law
Languages : en
Pages : 234
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Book Description
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.
Author: Lynn Welchman
Publisher: Amsterdam University Press
ISBN: 905356974X
Category : Social Science
Languages : en
Pages : 255
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Book Description
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.
Author: Ahron Layish
Publisher: Routledge
ISBN: 1351471422
Category : Religion
Languages : en
Pages : 365
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Book Description
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
ISBN: 0759115710
Category : Religion
Languages : en
Pages : 276
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Book Description
Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue.
Author: Jamal J. Nasir
Publisher: BRILL
ISBN: 9004480382
Category : Law
Languages : en
Pages : 290
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Book Description
This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.
Author: Amira El-Azhary Sonbol
Publisher: Syracuse University Press
ISBN: 9780815629641
Category : Social Science
Languages : en
Pages : 328
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Book Description
In the first book to address the dilemma faced by Jordanian women in the workforce, Amira El-Azhary Sonbol delineates the constraints that exist in a number of legal practices, namely penal codes that permit violence against Muslim women and personal status laws that require a husband's permission for a woman to work. Leniency in honor crimes and early marriage and motherhood for girls are other factors that extend the patriarchal power throughout a woman's life, and ultimately deny her full legal competency. Significantly, Sonbol notes that society's accepting as "Islamic" the legal constraints that control women's work constitutes a major barrier to any effort to change them, even though historically the Islamic sharia actually encourages women's work, and despite the fact that Muslim women have contributed materially to their society's economy. The author covers new ground as she effectively illustrates how Jordanian laws governing gender, family, and work combine with laws and legal philosophies derived from tribal, traditional, Islamic, and modern laws to form a strict patriarchal structure.
Author: Lena Larsen
Publisher: Bloomsbury Publishing
ISBN: 0857721690
Category : Social Science
Languages : en
Pages : 288
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Book Description
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. "
