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Vol 21 No 11 Nov/Dec 2016

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Women's Rights and Islamic Family Law

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Edited by: Lynn Welchman

ISBN13: 9781842770948
ISBN: 1842770942
Published: January 2004
Publisher: Zed Books
Country of Publication: UK
Format: Hardback
Price: £55.00



Despatched in 6 to 8 days.

The family is where legal rules presented as part of the Islamic sharia are most widely applied in the Muslim world. This book explores the present-day realities of Islamic family law, focusing on the rights of women. It draws on three contrasting country case studies: Egypt, the most populous Arab state which recognises 'principles of the sharia' as the principal source of legislation; the West Bank and Gaza, where family law is a contested site between different visions of national identity in the process of trying to build a Palestinian state; and the United States of America, where some in the minority Muslim communities seek to regulate their family relations in accordance with 'principles of the sharia' within the context of a non-Muslim state applying civil law requirements to all family matters.

A concluding study ranges further afield to explore the challenges and potential of 'principles of sharia' in advocacy on issues of violence against women.

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Subjects:
Islamic Law
Contents:
Introduction - Lynn Welchman
PART I: MUSLIM PERSONAL STATUS LAW IN EGYPT: THE CURRENT SITUATION AND POSSIBILITIES OF REFORM THROUGH INTERNAL INITIATIVES - Essam Fawzy
1. Introduction
2. Social Context
3. Personal Status Law in Egypt: Historical Overview
4. Understanding the Law, Egyptian Family and Social Attitudes
5. Law No.1 of 2000: A New Personal Status Law and a Limited Step on the Path to Reform
6. General Conclusions
Annex: List of Statutes
PART II: ISLAMIC LAW AND THE TRANSITION TO PALESTINIAN STATEHOOD: CONSTRAINTS AND OPPORTUNITIES FOR LEGAL REFORM - Rema Hammami, Penny Johnson, Fadwa Labadi, and Lynn Welchman
1. Introduction - Penny Johnson and Lynn Welchman
2. Legal Context: ShariaCourts and Muslim Family Law in the Transitional Period - Lynn Welchmann
3. Palestinian Interim Governance: State Legislation, Legal Reform, and the Sharia - Penny Johnson
4. Attitudes Towards Legal Reform of Personal Status Law in Palestine - Rema Hammami
5. Agents for Reform: The Women's Movement, Social Politics and Family Law Reform - Penny Johnson
Annex: Case History: Is a Women Half a Man?: Diya and the Utilization of Principles of Sharia in Public and Customary Legal Processes for Compensation for Deaths in a Factory Fire in Hebron
Fadwa Labadi
PART III: NO ALTARS: A SURVEY OF ISLAMIC FAMILY LAW IN THE UNITED STATES - Asifa Quraishi and Najeeba Syeed-Miller
1. Introduction
2. Islamic Family Law in American Muslim Hands
3. The Muslim Family in the US: Law in Practice
4. Islamic Family Law in US Courts
5. Future Trends and Predictions
6. Conclusion
PART IV: DOMESTIC VIOLENCE AND SHARIa: A COMPARATIVE STUDY OF MUSLIM SOCIETIES IN THE MIDDLE EAST, AFRICA, AND ASIA - Lisa Hajjar
1. Introduction
2. Gender (In)Equality, Women's Rights and the Problem of Domestic Violence
3. A Framework for Comparative Analysis
4. Aims and Methods of this Study
5. The Problem of Domestic Violence
6. Shariaand Domestic Violence
7. Internationalizing the Struggle Against Domestic Violence
8. Cultures of Resistance, or Saying 'No' to Universalism
9. Shariaand (versus?) Women's Rights
10. Sharia, the State and Domestic Violence
11. Conclusion
Bibliography
Index