Islamic Law and Gender

2019 ◽  
Author(s):  
Natana DeLong-Bas
Keyword(s):  
Case Studies ◽  
Islamic Law ◽  
Family Law ◽  
Law Schools ◽  
Women And Gender ◽  
Comparative Analyses ◽  
Fields Of Study ◽  
And Gender

Studies of gender in Islamic law combine methodologies from two distinct fields of study: Islamic law, and women and gender. While Western scholarly study of Islamic law began in earnest during the era of Orientalist scholarship (late 19th through mid-20th centuries), focusing largely on questions of origins and mechanics, particularly outlining rules and regulations and the rights and duties of various groups of people, the application of women and gender methodologies to Islamic law dates to the 1980s, with substantial work beginning in the 1990s. Since then, the field has expanded to include case studies of different times, places, and variations between law schools (madhhabs), comparative analyses, and attention to contemporary reform efforts, particularly in family law.

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

NIKAH NIAT TALAK PERSPEKTIF ANTROPOLOGI HUKUM ISLAM

Hukum Islam ◽  
2019 ◽  
Vol 18 (2) ◽  
pp. 157
Author(s):  
Maswir Maswir
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Urgent Problem ◽  
Women And Gender ◽  
And Gender

Alqur’an telah menerangkan bahwa pernikahan bertujuan untuk menciptakan keluarga yang sakinah mawaddah dan warahmah untuk ketenangan dan keselamatan dunia akhirat. Hal demikian juga menyebabkan kaidah hukum Islam dijadikan sebagai pedoman kehidupan,sehingga kajian nikah niat thalaq merupakan suatu permasalahan yang sangat urgen. Di Indonesia yang merupakan negara majemuk, tidaklah merupakan suatu kewajaran ketika terjadi pernikahan dengan niat thalaq/cerai. Nikah niat thalaq/cerai merupakan suatu kezaliman terutama bagi orang-orang yang metode berfikir secara liberal, karena beranggapan telah merampas hak wanita secara qodrati dan tidak menghargai emansipasi wanita serta persamaan gender. Kata Kunci: Nikah, Talak, Antropologi Hukum IslamABSTRAK The Qur'an has explained that marriage aims to create a sakinah mawaddah and warahmah family for the serenity and salvation of the afterlife. It also causes the rule of Islamic law used as a guide of life, so the study of marriage thalaq intention is a very urgent problem. In Indonesia which is a plural country, it is not a fairness when marriage occurs with the intention of thalaq / divorce. Marriage thalaq / divorce is a tyranny especially for people who method of thinking liberally, because the thought has taken the rights of women in a qodrati and do not appreciate the emancipation of women and gender equality.

STUDYING WOMEN AND GENDER IN SOUTHEAST ASIA

2007 ◽  
Vol 4 (1) ◽  
pp. 113-136 ◽  
Author(s):  
Barbara Watson Andaya
Keyword(s):  
Twentieth Century ◽  
Southeast Asia ◽  
Case Studies ◽  
Women And Gender ◽  
Men And Women ◽  
Complementary Relationship ◽  
Regional Characteristic ◽  
The Past ◽  
History Of ◽  
And Gender

Historians of Southeast Asia have begun to consider the history of women and gender relatively recently, even though the complementary relationship between men and women has long been cited as a regional characteristic. In the last twenty years or so the field has witnessed some important advances, most notably in the study of the twentieth century but also in the preceding periods as well. Generalizations advanced in the past are now being refined through a number of new case studies. The second half of this essay, surveying recent publications primarily in English, focuses on pre-twentieth century history, identifying the areas where research has been most productive and suggesting lines of inquiry that might be profitable in the future.

Women and Gender in Islamic Traditions

2013 ◽  
Author(s):  
Jonathan Berkey
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Women And Gender ◽  
Public Spheres ◽  
Islamic Tradition ◽  
Women's Participation ◽  
The Family ◽  
The Status ◽  
And Gender ◽  
Status Of Women

Gender was a critical factor in the Islamic tradition, especially in its law. That law was shaped by the Qur'an, the practice of Muhammad and his companions as known through hadith, the status of women in Arabia at the rise of Islam, but even more by the customs and attitudes of people living in those regions outside Arabia conquered by the early Muslim Arabs. From them, Muslims adopted practices segregating and secluding women. These practices and the misogynist attitudes behind them confirmed in Islamic law a gendered hierarchy of rights, although particular social circumstances might mitigate the full implementation of that hierarchy. Within the family women might play important, even decisive roles, although in public spheres such as politics their formal role was considerably more restricted. Interestingly, however, specifically religious spheres such as mystical devotion and education provided meaningful channels for women's participation.

The Testimony of Women in the Qurʾan

2016 ◽  
Vol 14 (1) ◽  
pp. 18-29
Author(s):  
Huseyin Halil
Keyword(s):  
Islamic Law ◽  
Women And Gender ◽  
Male And Female ◽  
History Of ◽  
The Law ◽  
And Gender ◽  
Original Interpretation ◽  
The Relationship ◽  
Ibn Hazm

In recent years, as debates over Islamic legal interpretations have moved to the forefront, especially in places where the expanded application of Islamic law is on the agenda, the issue of women’s testimony has received particular attention. Most jurists arrived at the opinion that women were less trustworthy and less appropriate as legal witnesses than their male counterparts, and so have distinguished between male and female testimony in terms of sex. In this paper I will examine the relationship between ‘gender’ and ‘testimony’ with regard to this sex-based distinction, and as such I will explain why women are no less discerning than men as witnesses in some cases. My purpose is not, and cannot be, to engage in an original interpretation of the law or to sit in judgement on how others have understood the rules of their religion. Rather, I approach the topic of testimony, women, and gender as a student of the history of Islamic law. I argue that the Qurʾan deals with women in an egalitarian and non-discriminatory fashion in terms of testimony and legal affairs, through reference to certain verses, such as al-Nūr (Q 24:6) and al-Nisā’ (Q 4:15). While Ẓāhirisim, including Ibn Ḥazm, and Izzet Derveze follow this egalitarian approach, the four legal schools of the Ḥanafī, Shāfiʿī, Mālikī, and Ḥanbalī do not, and instead claim that women’s testimony cannot be accepted in some circumstances, such as cases of ḥadd, qadhf (slander), and qiṣāṣ (retaliation).

scholarly journals Women, Reconciliation Right and Gender Justice in Islam Family Law

2019 ◽  
pp. 173
Author(s):  
Aswiyanto Aswiyanto
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Family Law ◽  
Analysis Approach ◽  
Gender Justice ◽  
Gender Perspective ◽  
Men And Women ◽  
And Gender ◽  
The Right ◽  
Muslim Scholars

Religious teachings are considered to have long oppressed women. Teachings having been dominated by men have been used as justifications for the perception of society that is very detrimental to women. This article discusses the gap of understanding on women's rights to reconcile with their husband who have divorced them, viewed from the perspective of Islamic scholars and Islamic law. In this case, the Qur'an has the principle that the positions of men and women are equal as a servant, because men and women are created from the same substance (min nafsin waahidah), the same task (khalifatullah filardh), and have same obligations (liya'budun). However, Muslim scholars agree that the reconciliation is absolutely the husband’s right. In gender perspective, women can apply for reconciliation (Rujuk) as their rights to their husbands. This study conducts analysis using a content analysis approach related to the issue of reconciliation rights dominated by men (husbands) by means of redeeming the husband's rights that have been given to them. And in the presence of khulu, the wife also has the right of reconciliation (Rujuk) to the husband who has divorced her.

scholarly journals HUKUM ISLAM DAN DINAMIKA FEMINISME DALAM ORGANISASI NAHDLATUL ULAMA’

Al-Ahkam ◽  
2013 ◽  
Vol 23 (1) ◽  
pp. 37
Author(s):  
Musdah Mulia
Keyword(s):  
Islamic Law ◽  
Gender Mainstreaming ◽  
Feminist Movement ◽  
Women And Gender ◽  
The Public ◽  
History Of ◽  
Nahdlatul Ulama ◽  
The Public Sphere ◽  
And Gender

The development of the feminist movement has significantly demonstrated in the history of the Nahdlatul Ulama’ (NU) organization. In the midst of the discriminatory issues against women and gender mainstreaming bias, NU consciously and courageously opens up to make space for an expanded discussion of the role of women even in the area of Islamic law (fiqh), which is considered sacredly. Not only in theoretical-normative, but also NU showed consistency in the implementation for the ideas of women roles in the public sphere significantly, although a number of issues is still on the agenda of feminist struggle in the Muslimah community, such as violence against women in the household (domestic violence) and gender mainstreaming issues in a variety of positions in the executive, legislative, and judicial branches of government as well as other strategic institutions. The certain thing is that the feminist movement in Indonesia showed a significant effect on the changes in the political, social, legal, and economical areas.

scholarly journals Islamic Family Law Reform in Indonesia

2020 ◽  
Author(s):  
Muhammad Ali Murtadlo
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Family Law ◽  
National Character ◽  
Law Reform ◽  
Political Factors ◽  
Library Research ◽  
The Reformation ◽  
Islamic Family Law ◽  
And Gender

The emergence of an offer of transformative Islamic law made to replace the Compilation of Islamic Law (KHI) or Fikih Indonesia in the form of the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and Islamic juristsin Indonesia. Many of them are refuse and not infrequently also agree with the offer.The reform is a challenge to present Islamic Shari'ah building that respects to Indonesia with all its national character, culture and progress in democratizing and upholding human rights, including women's rights. There are six basic legal vision, namely pluralism, nationality, human rights enforcement, democratic, maslahat and gender equality. These six principles constitute the framework that animates the entire provisions of Islamic law CLD-KHI version.This article is library research using maqasid syariah perspective Jasser Auda as analysis. This article attempts to answer the question (a) how is the legal istinbat method used in formulating the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI)? (b) how is the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI) seen from the perspective of maqasid shariah Jasser Auda?The results of research indicate that the reformation of Islamic family law offered in CLD-KHI in istinbath method is not contradictory to the concept of maqashid shariah Jasser Auda. However, in the application of CLD-KHI as a substitute for Indonesia’s legal law (KHI) still stalled due to political factors.

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