Islamic Law and Muslim Women in Modern Indonesia

2017 ◽  
Author(s):  
Robert W. Hefner
Keyword(s):  
General Model ◽  
Islamic Law ◽  
Public Life ◽  
Muslim Women ◽  
Political Transitions ◽  
Asian Nation ◽  
History Of ◽  
Muslim Majority ◽  
And Gender

In recent years many Muslim-majority countries have undergone troubled and even tragic political transitions. A key feature of most transitions has been heightened debate over the place of women in public life, and the role of Shari‘a and Islamic ethical traditions in defining women’s roles. This chapter examines the pervasiveness of Shari‘a appeals in today’s transitions, in particular with regard to the Southeast Asian nation of Indonesia. It presents a general model for the analysis of Islamic law and ethical plurality, and then explores the model in relation to the history of Islamic law and gender politics in modern Indonesia. It ends with an analysis of the unsuccessful effort of the Islamic women’s movement in 2004 to introduce far-reaching gender reforms into the codified body of Islamic personal status law used since 1991 in Indonesia’s Islamic courts.

DISRUPTED SOCIETIES, TRANSFORMATIVE STATES: POLITICS OF LAW AND GENDER IN REPUBLICAN TURKEY AND IRAN

Hawwa ◽  
2007 ◽  
Vol 5 (1) ◽  
pp. 90-110
Author(s):  
Louise Halper
Keyword(s):  
Public Life ◽  
Political Activity ◽  
Popular Politics ◽  
Legal Regime ◽  
Women's Participation ◽  
History Of ◽  
Muslim Majority ◽  
And Gender ◽  
The Right ◽  
Historical Examination

AbstractIran and Turkey, one an Islamic, the other a secular republic, are the more successful loci of women's participation in public life, both politically and economically, than are a number of other states whose population is largely Muslim. I suggest their relative success (as measured by World Bank and UNHDR data) may be due to similar transformative shifts from monarchy to republic. Historical examination of the cases of Turkey and Iran suggests that while the mobilization of women into political activity is crucial, it need not result in similar legal changes. Obviously, the right to vote is fundamental to political participation and exists for women in both countries. The comparison of the two republics suggests that, at least in Muslim-majority countries, a legal regime explicitly protecting gender rights may be less central to social change, including women's participation in public life, than is a history of women's mobilization in support of popular politics.

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.

History, Politics, Law

2021 ◽  
Keyword(s):  
Cross Section ◽  
Political Thought ◽  
International Institutions ◽  
The Political ◽  
Global Order ◽  
The World ◽  
History Of ◽  
And Gender ◽  
The Many

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.

Women, Violence, and Gender Dynamics during and after the Five Patani-Siam Wars, 1785–1838

Itinerario ◽  
2021 ◽  
pp. 1-19
Author(s):  
Francis R. Bradley
Keyword(s):  
Cultural Values ◽  
Armed Conflict ◽  
Muslim Women ◽  
Women And Gender ◽  
Gender Dynamics ◽  
Southern Thailand ◽  
Women's Lives ◽  
History Of ◽  
And Gender ◽  
Women Violence

Abstract This article examines five wars that occurred on the Malay-Thai Peninsula in the period 1785–1838 and the deep impact they had upon women's lives during and after the conflicts. Constituting the majority of surviving refugees, women rebuilt their lives in the wake of war through business and trade in Malaya, as Islamic teachers in Mecca and Southeast Asia, and as servants and slaves in Bangkok. In each of these settings, women encountered new forms of agency and newfound challenges, shifting cultural values that regulated decisions and actions, and evolving perceptions of the qualifications for leadership. Focused upon the political demise of the Patani Sultanate, a state with a long history of female rule, this study is of particular relevance to scholarly debates concerning women in contemporary warfare because of its transnational focus with keen attention to women in a variety of Islamic spaces and contexts, its aim of dispelling the pervasive notion of Muslim women as lacking agency, and as a point of comparison for the present armed conflict still raging in Southern Thailand that has claimed more than five thousand and continues to impact women and gender dynamics in the region.

scholarly journals Women and Gender in 1917

Slavic Review ◽  
2017 ◽  
Vol 76 (3) ◽  
pp. 694-702 ◽  
Author(s):  
Rochelle Goldberg Ruthchild
Keyword(s):  
Political Parties ◽  
Significant Issue ◽  
Women And Gender ◽  
One Dimensional ◽  
History Of ◽  
Key Issues ◽  
And Gender ◽  
Almost All ◽  
The Revolution

This paper argues for greater integration of considerations of women and gender in the history of the 1917 Russian Revolutions. Two key issues have long been discussed by historians: the spontaneity/consciousness paradigm, and the role of class in the revolution. Neither has been adequately analyzed in relation to gender. Women's suffrage has been largely neglected despite the fact that it was a significant issue throughout the year and represented a pioneering advance won by a countrywide coalition of women and men from the working class and intelligentsia, and from almost all political parties. In this centennial year, accounts of the Revolution remain one-dimensional; women remain the other.

scholarly journals Public Space as a Venue for Peacebuilding in Lebanon? The Role of Civic Movements in Reclaiming Public Space in Beirut and Tripoli

2021 ◽  
pp. 25-46
Author(s):  
Aseel Naamani ◽  
Ruth Simpson
Keyword(s):  
Public Space ◽  
Public Life ◽  
Public Spaces ◽  
Urban Spaces ◽  
Building Relationships ◽  
The Core ◽  
The Face ◽  
History Of ◽  
Post War

The issue of public spaces is increasingly at the core of civic movements and discourse of reform in Lebanon, coming to the fore most recently in the mass protests of October 2019. Yet, these most recent movements build on years of activism and contestation, seeking to reclaim rights to access and engage with public spaces in the face of encroachments, mainly by the private sector. Urban spaces, including the country’s two biggest cities – Beirut and Tripoli – have been largely privatised and the preserve of an elite few, and post-war development has been marred with criticism of corruption and exclusivity. This article explores the history of public spaces in Beirut and Tripoli and the successive civic movements, which have sought to realise rights to public space. The article argues that reclaiming public space is central to reform and re-building relationships across divides after years of conflict. First, the article describes the evolution of Lebanon’s two main urban centres. Second, it moves to discuss the role of the consociational system in the partition and regulation of public space. Then it describes the various civic movements related to public space and examines the opportunities created by the October 2019 movement. Penultimately it interrogates the limits imposed by COVID-19 and recent crises. Lastly, it explores how placemaking and public space can contribute to peacebuilding and concludes that public spaces are essential to citizen relationships and inclusive participation in public life and affairs.

Islamic Law and International Law

2019 ◽  
pp. 86-124
Author(s):  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Analogical Reasoning ◽  
Islamic Law ◽  
Religious Affiliation ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
And Gender ◽  
Role Of Religion

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).

scholarly journals Marketing Islamic services: tackling misconceptualisation of commercial insurance

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Djavlonbek Kadirov
Keyword(s):  
Islamic Law ◽  
Insurance Premium ◽  
Unique Type ◽  
Content Type ◽  
Commercial Insurance ◽  
Muslim Majority ◽  
Policy Failures ◽  
Monetary Gain ◽  
Practical Implications

Purpose The purpose of this paper is to offer an alternative conceptualisation of commercial insurance that is based on service thinking and compares it to the ideas flowing from goods thinking that currently appears to be a dominant mindset. Design/methodology/approach When deliberating on commercial insurance, Muslim jurists and scholars followed a misleading route of logical reasoning that is based on comparing insurance to other approved commercial contracts within Islamic Law. In this paper, the author questions such reasoning by contrasting the framework of service thinking to that of goods thinking. Findings The alternative framework proposed in this paper repositions commercial insurance as a unique type of service (rather than a good). It shows that commercial insurance can be seen as a bundle of benefits, which unfold in a gradual, intermittent, sporadic manner depending on the circumstances. This mode of a servicing relationship focuses on harm removal rather than the opportunistic actualisation of unfair monetary gain. Insurance premium is conceptualised as an availability fee, while compensation payout is recast as the restoration of value. Practical implications Muslim jurists and marketing practitioners can use this framework to further scrutinise the permissibility of different varieties of commercial insurance in the contexts of both Muslim and non-Muslim majority countries. As service thinking radically repositions the essence and structure of commercial insurance, the views on the relevance of “gharar” and “riba” may undergo significant re-conceptualisation. Moreover, the design of takaful options can be improved on this basis. Social implications Service thinking can better elucidate a positive societal role of commercial insurance that is in accord with the societal and Islamic maxim of harm removal. Some objections to commercial insurance relate to public policy failures. Well-regulated commercial insurance industries can substantially contribute to the economic development of impoverished societies. Originality/value This paper exemplifies compelling power as well as potential of the discipline of Islamic marketing in contributing to significant debates concerning the permissibility of modern commercial options.

Women in Buddhism

Buddhism ◽  
2012 ◽  
Author(s):  
Kim Gutschow
Keyword(s):  
Ample Evidence ◽  
Buddhist Studies ◽  
Methodological Choices ◽  
History Of ◽  
Role Of Women ◽  
And Gender ◽  
Women And Buddhism ◽  
The One ◽  
Women In Buddhism

The very existence of a “Women and Buddhism” entry but no “Men in Buddhism” entry implies a set of methodological lacunae in Buddhist studies. On the one hand, Buddhist studies have often proceeded as if the history of men in Buddhism stands in for Buddhist history, with little effort made to mention or recover the significance of women. On the other hand, systematic methodological choices, such as the discounting of feminist analysis and the privileging of text over other sources of knowledge, have exacerbated the tendency to elide the role of women in Buddhism. This elision of women, or their marginalization, in Buddhist analyses where “man” or “male” is assumed to represent “human” has prompted a countersurge of analyses. These latter analyses have found ample evidence for the centrality of gender and women in shaping Buddhist society and soteriology. Although works are now available that cover the role of women and gender in most Buddhist eras or societies, these have only scratched the surface of an extraordinarily rich set of material and questions. It remains to be seen how well Buddhist scholarship can give gender and women their proper place in developing its central concerns.

Anatomy of a Spectacle: Race, Gender, and Memory in the Kobe Bryant Rape Case

2006 ◽  
Vol 23 (4) ◽  
pp. 396-418 ◽  
Author(s):  
Jonathan Markovitz
Keyword(s):  
Collective Memory ◽  
Public Life ◽  
Black Masculinity ◽  
Race And Gender ◽  
White Femininity ◽  
Gender And Crime ◽  
Rape Case ◽  
And Gender ◽  
American Society

This article argues that coverage of the Kobe Bryant rape case illuminated bitter divisions in American society, because the allegations against Bryant brought forth tensions involving conceptions of Black masculinity, White femininity, and the role of sport and celebrity in public life. The divisions laid bare by the Bryant case involve long histories of discursive contests waged by social movements and state actors over the meanings of categories of race and gender. I argue that these struggles have influenced public understandings of history; that contemporary understandings of race, gender, and crime are very much indebted to rhetorical battles fought long ago; and that invocations of collective memory can help to determine how various audiences make sense of public dramas unfolding in the mass media.

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