Cover image for Women Under Islam : Gender Justice and the Politics of Islamic Law.
Women Under Islam : Gender Justice and the Politics of Islamic Law.
Title:
Women Under Islam : Gender Justice and the Politics of Islamic Law.
Author:
Jones-Pauly, Christina.
ISBN:
9780857720139
Personal Author:
Physical Description:
1 online resource (558 pages)
Series:
Library of Islamic Law
Contents:
Cover -- Contents -- Foreword -- Acknowledgements -- Introduction -- 1. Tunisia - The Ideal Islamic Reform -- Introduction -- Historical Roots -- Modernity -- Modern Intellectual Reformers Of Islamic Law -- Abusive Practices Against Women: Dar Jawad (House Of Discipline) -- Tahar Haddad - Successor To Taalbi -- Pre-Independence and Reform Of Sharia -- Independence - Equality Before The Law -- Population Law -- Infanticide -- Fundamentalism -- 2. Egypt - Conservative Incremental Reform -- Introduction -- Arabization and Islamization Of Egypt and Class Stratification -- The Modern State - Arrival Of The Europeans -- Reform Movements In The 19th Century On Women's Rights -- Religious Reformers: Muhammad Abduh -- Reform Movements: Salafiyya, Rashid Rida -- Secular Reform Movements: Haykal -- Islam and The State -- Court Systems -- Political Background Since 1952 -- Efforts To Codify and Reform The Law Of Personal Status -- Reforming The Wife's Right To Divorce - Law No. 1 Of 2000 -- Women'S Council -- Female Circumcision -- Conclusions -- 3. Pakistan - Orthodox Modernity -- Historical Background -- The Start Of Independence -- A Muslim Ruler/State - In Need Of An Islamic Law? -- The 1973 Constitution - Basis Of Applying Islamic Law -- Judicial Review Of Islamic Laws -- Judicial Review Of The Offence Of Zina Ordinance -- May A Husband Kill A Wife Or A Partner For Adultery? -- Is An Honour Murder Because Zina Permissible Under Any Circumstances? -- Reforming Pakistani Islamic Criminalization Of Laws: Honour Killings and Zina -- Conclusions -- Postscript On The Protection Of Women Act 2006 -- 4. South Africa - Constitutional Challenges For Islamic Law -- Introduction -- A Brief History Of The Muslim Malay Community -- Islamic Law In South African Jurisprudence - The 'Malay' Cape Community -- The Muslim Asian Indian Community.

The Apartheid Era and Islamic Marriages -- Summary Of South African Jurusprudence On The Application Of Islamic Law -- Judicial Recognition Of Muslim Marriages In Post-Apartheid South Africa -- Extra-Judicial Practices In South African Muslim Communities -- Extra-Judicial Interpretations In The Asian Muslim Communities Of Islamic Marriage and Divorce Law -- Inheritance Inequality and The South African Constitution - A Comparative View -- Approaching Islamic Succession/Inheritance Law In A New Light -- Theological and Power Disputes Within The Muslim Communities -- Religious Sects -- Islamic Dispute Settlement - Extra-Judicial Conflict Resolution In The Muslim Communities -- Considerations For Statutory Recognition Of Muslim Marriages -- Conclusions -- 5. Conclusions -- Notes -- Bibliography -- Index.
Abstract:
How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. This groundbreaking work explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. It examines the different interpretations, histories and practices of Islamic law in different countries. It finds that the political independence of judicial institutions is a far more important factor than the relative conservativism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies._x000D_ _x000D_ 'A unique comparative study of women in Sharia, spanning four key countries in the Muslim world. The book is unprecedented, showing how culture, history, tradition, praxis and politics shape Sharia. It is written in the best tradition of ijtihad, the methodology for adapting Sharia to changing realities. It is a must read for human rightists and politicians alike.' - Helena Kennedy, QC, Baroness Kennedy of The Shaws, Human Rights Activist.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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