Women in Muslim Family Law. By John L. Esposito. Syracuse, NY: Syracuse University Press, 1982. xii + 155 pages. $18.95 (paper $10.85). - Human Rights in Religious Traditions. Edited by Arlene Swidler. New York: Pilgrim, 1982. vii + 114 pages. $8.95 (paper).

Horizons ◽  
1984 ◽  
Vol 11 (1) ◽  
pp. 220-222 ◽  
Author(s):  
Denise Lardner Carmody
Keyword(s):  
New York ◽  
Human Rights ◽  
Family Law ◽  
Religious Traditions ◽  
Syracuse University ◽  
Muslim Family

scholarly journals Gender and Equality in Muslim Family Law, Justice, and Ethics in the Islamic Legal Tradition

2014 ◽  
Vol 31 (4) ◽  
pp. 118-120
Author(s):  
Elisa Ada Giunchi
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Social Activism ◽  
Legal Tradition ◽  
Apparent Contradiction ◽  
Governmental Organizations ◽  
Islamic Tradition ◽  
Non Governmental Organizations ◽  
The Arab Spring ◽  
Muslim Family

In the aftermath of the Arab Spring, some advocated a turn toward “tradition,”thereby raising fears that women would be pushed out of the public arena despitetheir active participation and would even lose those gains made underprevious governments. The debates around gender parity vs. complementaritythat were stirred up were not new, but they did manage to acquire new cogencyin the context of the emotionally charged deconstruction of the old politicalsystem and the subsequent transition to new governments.The arguments made by both sides were often couched within a frameworkof liberal human rights or in terms of Islamic tradition. Gender andEquality in Muslim Family Law is a valuable contribution to the discussionon the apparent contradiction between these discourses and a learned attemptto bridge them. The editors of this collective book, which stems from a numberof workshops organized by the Oslo Coalition on Freedom of Religion or Belief,explore how gender equality, as shaped by contemporary ideas of humanrights, can be reconciled with the Islamic legal tradition, which is rooted inpre-modern conceptions of justice.In the first chapter, Mir-Hosseini examines the classical fiqhī understandingof gender justice by focusing on qiwāmah (guardianship of women), whichis enshrined in most Muslim family codes, and overviews twentieth-centuryreforms and codifications. She also discusses the ideas of al-Tahir al-Haddad(d. 1935) and Fazlur Rahman (d. 1988), two reformists who influenced subsequentdiscourses on equality in the family within an Islamic framework.Her contribution ends with a looks at the emergence of political Islam, transnationalfeminism, and non-governmental organizations (NGOs), all of whichadd a new dimension to preexisting debates.The rest of the book is divided into two sections. The first explores someconcrete efforts at legal reform and social activism that reconcile Islam andhuman rights. Mulki al-Sharmani delves into the concept of qiwāmah inEgyptian law and in courtroom practice, pointing out the legal strategiespursued by litigants and the disconnect between the model of marriage upheldby family codes and the actual practice of marriage. Marwa Sharafedinanalyzes Egyptian women’s rights NGOs and their discourse on personalstatus law that blend, to varying degrees, religious and human rights frames ...

Muslim Family Laws in Israel and Greece: Can Non-Muslim Courts Bring about Legal Change in Shari‘a?

2018 ◽  
Vol 25 (3) ◽  
pp. 235-273 ◽  
Author(s):  
Yüksel Sezgin
Keyword(s):  
Human Rights ◽  
Indirect Effect ◽  
Family Law ◽  
Democratic Regime ◽  
Muslim Majority ◽  
Civil Courts ◽  
Religious Courts ◽  
Hypothetical Question ◽  
Muslim Family

Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative interventions into substantive MFLs. Instead they have empowered civil courts to play the role of “reformer.” But how successful have civil judiciaries in non-Muslim regimes been in “reforming” Muslim laws? On the basis of an analysis of the MFL jurisprudence of Israeli and Greek civil courts over the last three decades, I argue that civil courts could not have brought about any direct changes in Muslim law, however, they have had an indirect effect by pressuring religious courts/authorities to undertake self-reform.


Modern Approaches to Islamic Family Law Reform The Need for a Balanced Approach in the Malaysian Context (Pendekatan Moden Terhadap Reformasi Undang-Undang Keluarga Islam Keperluan Pendekatan Seimbang Dalam Konteks Malaysia)

2017 ◽  
Vol 14 (1) ◽  
pp. 203-219
Author(s):  
Sayed Sikandar Shah Haneef
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Family Law ◽  
Muslim Women ◽  
Family Identity ◽  
Western Imperialism ◽  
Islamic Family Law ◽  
Political Milieu ◽  
Global Arena ◽  
Muslim Family

Abstract Muslim women have been caught in a tag-of-war between the forces of preserving Muslim family identity and advocates of its reform along the line of gender equality and International Human Rights. Given the current socio-political milieu at the global arena, the horizons for this tension to evaporate seem dim anytime soon. Reacting to Western human rights criticisms of Islamic family law, the conservative camp regard any attempt at reforming Islamic family law as a naked invasion of Western imperialism on Muslim personal domain. Reform proponents, on the other hand, indict conservative interpretation of Islamic family law as the primary cause of women oppression in Muslim societies. Accordingly, they constantly endeavour to lobby for reform of Muslim family law using either international bills of rights or gender equality as the frameworks. Consequently, Muslim women`s rights in the family has become a matter of paradoxical exegeses. To break this deadlock, this paper argues for a mediated solution (wasaÏÊyyah) by using critical content analysis of the two trends as a way forward for SharÊ‘ah-based reform in Malaysia. Keywords: Women Rights, Muslim Reformist, Conservative Approach, Critical Analysis. Abstrak Wanita-wanita Islam terperangkap diantara pemeliharaan identiti keluarga Islam dan pembaharuan kesaksamaan jantina dan Hak Asasi Manusia Antarabangsa. Melihat suasana sosio-politik semasa di arena global, ketegangan ini seolah-olah tidak akan hilang pada masa yang terdekat. Bertindak balas kepada kritikan hak asasi barat terhadap undang-undang keluarga Islam, kem konservatif menganggap sebarang percubaan untuk mereformasi undang-undang keluarga Islam sebagai pencerobohan imperialisme Barat terhadap domain peribadi Islam. Sebaliknya, penyokong reformasi mendakwa bahawa tafsiran undang-undang keluarga Islam secara konservatif sebagai punca utama penindasan wanita dalam masyarakat Islam. Oleh itu, mereka sentiasa berusaha melobi bagi pembaharuan undang-undang keluarga Islam melalui undang-undang antarabangsa atau kesaksamaan jantina sebagai framework. Akibatnya, hak-hak wanita Islam dalam keluarga telah menjadi satu masalah berparadoks. Untuk keluar dari kebuntuan ini, kajian ini berpendapat untuk penyelesaian mediasi(wasatiyyah) dengan menggunakan analisis kandungan kritikal dari dua trend sebagai satu cara pembaharuan berasaskan syariah di Malaysia. Kata Kunci: Hak-hak Wanita, Reformis Islam, Pendekatan Konservatif, Analisis Kritikal.

scholarly journals PEREMPUAN DALAM BINGKAI HAK ASASI MANUSIA DALAM HUKUM KELUARGA ISLAM

2016 ◽  
Vol 15 (1) ◽  
pp. 59
Author(s):  
Masnun Tahir
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Family Law ◽  
The Other ◽  
Women’S Rights ◽  
Special Focus ◽  
Religious Traditions ◽  
Other Hand ◽  
Islamic Family Law ◽  
The Relationship

This article intends to portray the idea that Islam came with the mission of returning for women’s right that have been looted and pillaged by men during the days of ignorance, in addition to showing that Islam elevate the dignity of women and give back rights that have been shattered and trampled by the domination of men and destroyed by the religious traditions and national fanaticism of a narrow group. With the specific terminology of family law concerning women’s right -a noble endeavor in itself- this article explains the relationship between maqasih sharia and human rights, with a special focus on the implementation of human rights. On the other hand this paper also analyses the implementation of women’s rights in Islamic family law.

Hospitality in and beyond Religions and Politics

Derrida Today ◽  
2015 ◽  
Vol 8 (2) ◽  
pp. 215-237
Author(s):  
Michael Barnes Norton
Keyword(s):  
Human Rights ◽  
Peaceful Coexistence ◽  
Religious Traditions

This paper examines Derrida's treatment of the quasi-transcendental structure of hospitality, particularly as it pertains to religious traditions, conceptions of human rights, and modern secularism. It begins by looking to the account Derrida presents in ‘Hostipitality’, focusing especially on his treatment of the work of Louis Massignon. It then proceeds to an exploration of Kant's concept of cosmopolitanism and some of its contemporary descendants before returning to Derrida's treatment of hospitality by way of his critique of this Kantian heritage. The paper argues both that religious traditions exhibit (though, perhaps, often not explicitly) the kind of structures of openness to difference to which Derrida's notion of hospitality refers, and that modern Western conceptions of secularism too easily preclude understanding and fostering those aspects of religious traditions which can contribute to more peaceful coexistence in pluralistic environments.

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