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Women's Rights and Islamic Family Law: Perspectives on Reform
320
by Lynn Welchman (Editor)
Lynn Welchman
Women's Rights and Islamic Family Law: Perspectives on Reform
320
by Lynn Welchman (Editor)
Lynn Welchman
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Overview
The family is where legal rules presented as part of the Islamic shari‘a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities 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.
A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari‘a' in advocacy on the question of violence against women.
This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.
A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari‘a' in advocacy on the question of violence against women.
This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.
Product Details
| ISBN-13: | 9781842770955 |
|---|---|
| Publisher: | Bloomsbury Academic |
| Publication date: | 06/01/2004 |
| Pages: | 320 |
| Product dimensions: | 6.14(w) x 9.21(h) x 0.71(d) |
About the Author
Lynn Welchman is currently Director of the Centre of Islamic and Middle Eastern Law at the School of Oriental and African Studies, University of London.
Lynn Welchman is currently Director of the Centre of Islamic and Middle Eastern Law at the School of Oriental and African Studies, University of London.
Lynn Welchman is currently Director of the Centre of Islamic and Middle Eastern Law at the School of Oriental and African Studies, University of London.
Table of Contents
IntroductionLynn Welchman 'Islamic family law' as contested ground Recurring issues in modern Islamic family law Historical pluralism and emerging pluralism in Islamic law Voice and authority in the promulgation and perception of Islamic family law Registration requirements: room for reform Bilateral agreements: focussing on the contract Reform strategies in contextPart I: Muslim Personal Status Law in Egypt: The Current Situation and Possibilities of Reform through Internal InitiativesEssam Fawzy 1. Introduction 2. Social Context Introduction Education Workforce Participation Women's Image Returning to Reality Domestic Violence against Women 3. Personal Status Law in Egypt: Historical Overview Between Heritage and Modernisation Personal Status Law: Residual Sources and Jurisdiction Regulating the Muslim Family Law in Egypt: The Development of Personal Law Problems in Practice 4. Understanding the Law, Egyptian Family and Social Attitudes The Study The Sample Ideal Marriage Age Right of the Young Woman to Choose her Life Partner Marriage and Marriage Arrangements Factors Affecting the Level of Dower The Purpose of Shabka and Dower Position on Polygyny The Husband's Responsibilities Wife's Work Outside the Home Physical Punishment of the Wife Reasons for Divorce Conclusion 5. Law No.1 of 2000: A New Personal Status Law and a Limited Step on the Path to Reform Introduction The Legislative Process Reaction of the Sharìi Establishment: Scholars and Religious Tendencies The Parliamentary Debate Political Parties and the Law Critical Articles of Law No.1 of 2000 as Promulgated New Marriage Document Loopholes in the Law Results of the Field Survey: The Opinions of the Elite Results of the Field Study: The Opinions of the General Public 6. General Conclusions General Proposals for Development of the Law Administrative Reforms Proposed by Members of the Judiciary Recommendations Made by Civil Society Activists Concluding Comments Annex: List of StatutesPart II: Islamic Law and the Transition to Palestinian Statehood: Constraints and Opportunities for Legal ReformRema Hammami, Penny Johnson, Fadwa Labadi, and Lynn Welchman 1. IntroductionPenny Johnson and Lynn Welchman 2. Legal Context: Sharìa Courts and Muslim Family Law in the Transitional PeriodLynn Welchmann Introduction Sharìa Courts: Jurisdiction and Law Ages of Marriage and Custody Post-Divorce Maintenance Judicial Divorce The 'Oslo Peace Process': Law and Transition Sha&rgrave;i Institutions in the Transitional Period Sha&rgrave;i Establishment Positioning on Personal Status Law Conclusions 3. Palestinian Interim Governance: State Legislation, Legal Reform, and the SharìaPenny Johnson Introduction Interim Inequalities and Features of the Transition State Security, 'Re-masculinization,' and Civil Society Islamist Opposition and Sharìa 'Redlines' Uneasy Allies: The Authority, Women's Movement and Donors The Basic Law Source of Authority, Sharìa, and Legitimacy 4. Attitudes Towards Legal Reform of Personal Status Law in PalestineRema Hammami Introduction Attitudes Towards Religion Religious Values and Secular Politics Support for Women's Rights Attitudes Towards Sharìa Law The Sharìa Family Law Survey Reform of Personal Status Law Conclusions 5. Agents for Reform: The Women's Movement, Social Politics and Family Law ReformPenny Johnson Introduction Pre-Oslo Agents of Political Mobilization The Oslo Transition: Advocacy and Protest The Equality Strategy The 1994 Women's Charter The Model Parliament Maintenance and Inheritance: Conflict Between Rights and Needs? Strategies in the Model Parliament Challenging the Parliament's Standing Islamist Discourses Human Rights and Western Agendas Defending the Model Parliament: Defending Democracy or the State? Final Session: Affirmation of Democracy, Gender Agendas Subsumed Towards a New Family Law: Developments and Strategies After the Model Parliament Divides and Compromises in the Women's Movement Democratic Families, Democratic Society Sources and Issues for a New Family Law Pluralistic Elements of a New Family Law Conclusions: Strategies and Issues for Action Annex: Case History: Is a Women Half a Man?: Diya and the Utilization of Principles of Sharìa in Public and Customary Legal Processes for Compensation for Deaths in a Factory Fire in HebronFadwa LabadiPart III: No Altars: A Survey of Islamic Family Law in the United StatesAsifa Quraishi and Najeeba Syeed-Miller 1. Introduction 2. Islamic Family Law in American Muslim Hands Authority Figures Intellectual Resources 3. The Muslim Family in the US: Law in Practice Solemnizing the Union Terms of the Contract Within the Marriage Dissolution of American Muslim Marriage Deliberately Opting Out of US Default Rules 4. Islamic Family Law in US Courts Introduction Validi
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