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Domestic Violence and the Islamic Tradition


ISBN13: 9780199640164
Published: December 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £71.00
Paperback edition , ISBN13 9780198766193



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How do modern Muslims' attitudes to marital violence and patriarchy relate to the Islamic tradition? In recent years, discussion regarding the interpretation of the Qur'an has become highly controversial.

Especially contentious is passage 4:34, which covers the legitimacy of marital violence and the subjugation of women within Islam. Scholarly opinion on the topic is heavily influenced by contemporary context, so the issue remains largely unsettled. While pre-colonial Islamic jurists permitted the use of violence against women, they still held ethical concerns about the disciplinary privileges of husbands.

Consequently, the debate for these early scholars was focussed on the level of violence permitted, and how to apply the three disciplinary steps: admonishment, abandonment and physical abuse.

Ayesha Chaudhry argues that all living religious traditions are rooted in a patriarchal, social and historical context, and they need ways to reconcile gender egalitarian values with religious tradition. Post-colonial, modern Islamic scholars that consult the Qu'ran for gender-egalitarian interpretations must confront a difficult and unique debate: equality vs authority.

As in many religions, authority is derived from tradition, rebelling from which results in a loss of authority in the eyes of the community. Chaudhry reveals that Muslims do not speak with one voice about Islam. Instead, Muslim scholarly discourse is spirited and diverse. The voices of contemporary Muslim scholars enrich the scope of the "Islamic tradition." Many recent works on Islam strive to promote a "public relations" image of Islam.

This book deals with ethical problem of domestic violence as discussed in historic and contemporary Islamic religious doctrine. The stakes are high, and very real. The author confronts the significant issue of how modern Muslims can relate to Islamic tradition and the Qur'anic text.

Subjects:
Islamic Law
Contents:
1. Introduction

PART I: HISTORICAL ROOTS OF A CONTEMPORARY DEBATE
2. The Multiple Contexts of Q.
4:34
3. The Ethics of Wife-beating
4. The Legal Boundaries of Marital Discipline

PART II: RESTORING AUTHORITY IN THE LIVING COMMUNITY
5. Asserting Authority, Enriching the Tradition
6. Submissive Texts and Idealized Cosmologies
7. Conclusion

Series: Oxford Islamic Legal Studies

Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence ISBN 9780190092924
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The Legal Thought of Jalal al-Din al-Suyuti: Authority and Legacy ISBN 9780198805939
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Coercion and Responsibility in Islam: A Study in Ethics and Law ISBN 9780198788775
Published November 2016
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£102.50
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Domestic Violence and the Islamic Tradition ISBN 9780198766193
Published November 2015
Oxford University Press
£32.49
Religious Pluralism in Islamic Law: Dhimmis and Others in the Empire of Law ISBN 9780198722021
Published September 2014
Oxford University Press
£44.99
Domestic Violence and the Islamic Tradition (eBook) ISBN 9780191669903
Published December 2013
Oxford University Press
£27.07
(ePub)
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Religious Pluralism in Islamic Law: Dhimmis and Others in the Empire of Law ISBN 9780199661633
Published July 2012
Oxford University Press
£140.00
Religious Pluralism in Islamic Law: Dhimmis and Others in the Empire of Law (eBook) ISBN 9780191637742
Published July 2012
Oxford University Press
£37.49
(ePub)
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Narratives of Islamic Legal Theory (eBook) ISBN 9780191630149
Published March 2012
Oxford University Press
£85.42
(ePub)
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Narratives of Islamic Legal Theory ISBN 9780199640171
Published March 2012
Oxford University Press
£122.50