LEGAL RIGHTS AND WOMEN'S AUTONOMY: CAN FAMILY LAW REFORM IN MUSLIM COUNTRIES AVOID THE CONTRADICTIONS OF VICTORIAN DOMESTICITY?

Hawwa ◽  
2007 ◽  
Vol 5 (1) ◽  
pp. 33-54
Author(s):  
Danaya Wright
Keyword(s):  
Civil Society ◽  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
Legal Change ◽  
Women’S Autonomy ◽  
Women's Autonomy ◽  
Muslim Countries ◽  
The Law

AbstractIn early- and mid-nineteenth century England, numerous law reformers targeted the law of coverture. Under this law married women lost custody of children, lost any property they brought, could not make a will or enter into a contract once they married, and they could not seek a divorce if their marriage broke down under the doctrine that husband and wife were a single unit before the law. The discourse of the reform debates, however, presented women as either violent and intemperate, and thus requiring the chains of coverture to keep them from bringing down the pillars of civil society. Or, they were seen as victims in sore need of the law's protection from violent and intemperate men. At no time were they viewed as legal agents, capable of exercising rights responsibly or as rational actors, who could be entrusted with the care and control of raising children single-handedly. But as the law changed to accommodate demands for women's rights, it is clear that women did not destroy civil society, nor have they attained equal power and autonomy with men. Thus, in looking at the reforms, and the forces that inhibited the reforms in Victorian England, we can begin to think more critically about how law reforms occur, how men and women are situated, and how barriers to equality frustrate legal change. With that history, I believe we are better situated to understand the demands for change in family law and women's rights in Muslim countries. Much of the rhetoric is ironically familiar. And I argue that knowledge of the pitfalls that threatened legal change in the Anglo-American west can help us avoid them in law reform arenas across the Muslim world. Of course, it is not simply that by learning our history we can hope not to repeat it. Rather, by understanding the complex interplay of reformist arguments and conservative pressures, we are better able to see beneath the rhetoric to the power structures inhibiting women's autonomy that lurk beneath the surface.

Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Age Groups ◽  
Case Law ◽  
Family Court ◽  
Law Reform ◽  
Women’S Rights ◽  
Mena Region ◽  
Men And Women ◽  
Moroccan Family

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

POLITICAL FACTIONS, IDEOLOGICAL FICTIONS: THE CONTROVERSY OVER FAMILY LAW REFORM IN DEMOCRATIC MALI

2003 ◽  
Vol 10 (1) ◽  
pp. 132-164 ◽  
Author(s):  
Dorothea Schulz
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
State Administration ◽  
International Donor ◽  
Political Factions ◽  
Ultimate Outcome ◽  
Main Components ◽  
Specific Interests

AbstractThe article examines debates surrounding the current family law reform in Mali to account for the way in which broader processes of social change, an international and national context of women's rights activism, as well as various interest groups will shape the ultimate outcome of legislative reform. The article focuses on the five main components of the proposed reform and analyzes the positions of the most important groups participating in the debate: women's rights activists supported by the international women's movement and international donor organizations, protagonists of the two influential wings of the national Muslim organization, and representatives of the state administration. It is argued that although state officials and protagonists of an "Islamic" position hold divergent ideological and normative orientations, they form temporary and shifting alliances around certain issues, often on the basis of pragmatic considerations. Also, while women's rights activists and "Muslim women" claim to represent women tout court, the positions and arguments of the former can be seen as representing particularistic, class-specific interests.

Proposals by Sisters in Islam (SIS) Pertaining To Ṭalāq Issues: An Analysis from an Islamic Perspective (Cadangan Oleh Sisters in Islam (SIS) Mengenai Isu-Isu Ṭalāq; Satu Analisis Dari Perspektif Islam)

2017 ◽  
Vol 14 (2) ◽  
pp. 327-344
Author(s):  
Zuraidah Binti Kamaruddin ◽  
Saidatolakma Binti Yunus ◽  
Adibah Binti Abdul Rahim
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Women’S Rights ◽  
Governmental Organization ◽  
Islamic Perspective ◽  
All Solutions ◽  
Objective Understanding ◽  
Islamic Family Law ◽  
The Law

Abstract Sisters in Islam (SIS) is a Non-Governmental Organization in Malaysia. The group suggested that some existing laws in the Shariaah court be reformed to ensure that the Muslim women’s rights are protected under the law. Thus, the objective of this study is to analyze the proposed solutions by SIS on the selected issues related to the provisions of ṭalaq in the Islamic Family law that are implemented in the Shariaah court in Malaysia. Then, the paper gives clarification in relation to it from an Islamic perspective. In the selected issues pertaining to ṭalaq, the research found that SIS often comes up with their solutions without referring to any Qur’anic verses or the Hadith of the Prophet. Therefore, the researchers are in opinion that an analysis of SIS’s views on these selected issues should be done from an Islamic perspective. It is hoped that this study will provide an objective understanding on the issues of ṭalaq from a correct perspective. In providing solutions and suggestions, SIS must refer to Maqasid al-Shariaah. All solutions and recommendations must be parallel with the Qur’an and Hadith.  Keywords: Sisters in Islam (SIS); analysis, ṭalāq, divorce, Maqasid al-Shariaah, Islamic perspective. Abstrak Sisters in Islam (SIS) adalah sebuah Pertubuhan Bukan Kerajaan di Malaysia. Kumpulan itu mencadangkan beberapa undang-undang yang ada di mahkamah Syariah diubah untuk memastikan hak-hak wanita Islam dilindungi di bawah undang-undang. Oleh itu, objektif kajian ini adalah untuk menganalisis cadangan yang dicadangkan oleh SIS mengenai isu-isu terpilih yang berkaitan dengan peruntukan-peruntukan undang-undang keluarga Islam yang dilaksanakan di mahkamah Syariah di Malaysia. Kemudian, kajian ini memberikan penjelasan berhubung dengannya dari perspektif Islam. Dalam isu-isu terpilih yang berkaitan dengan ṭalāq, kajian ini mendapati bahawa SIS sering memberi penyelesaian tanpa merujuk kepada ayat-ayat Al-Quran atau Hadis Nabi. Oleh itu, para penyelidik berpendapat bahawa analisis pandangan SIS mengenai isu-isu terpilih ini harus dilakukan dari perspektif Islam. Diharapkan kajian ini akan memberikan pemahaman yang objektif mengenai isu-isu ṭalāq dari perspektif yang betul. Dalam menyediakan penyelesaian dan cadangan, SIS mesti merujuk kepada maqāṣid Shariaah. Semua penyelesaian dan cadangan mestilah selari dengan Al-Qur'an dan Hadis. Kata Kunci: Sisters in Islam (SIS), analisis, ṭalāq, talak, maqasid Shariaah, perspektif Islam.  

The Attempt to Reform Family Law in Mali

2009 ◽  
Vol 49 (3-4) ◽  
pp. 398-428 ◽  
Author(s):  
Benjamin F. Soares
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
Political Liberalization ◽  
Social Reforms ◽  
The Family ◽  
Ultimate Outcome ◽  
Family Code ◽  
Alternative Reading

AbstractIn this paper, I am concerned with understanding the recent efforts to reform the laws governing marriage and inheritance, the code de la famille or the Family Code in Mali. Since the advent of multiparty elections in the 1990s, prominent members of the Malian government and civil servants, Malian women's rights activists, secular NGOs, and international and bilateral donors have made efforts to promote various social reforms, including the advancement of women's rights and the promotion of gender equality, particularly through changes in the Family Code. While some observers have attributed the lack of reform to the increased influence of “Islamists” and/or to religiously conservative Muslims, I draw on historical research and ethnography to propose an alternative reading of the lack of institutional law reform. As I argue, the gap between Malian civil law relating to the family and the lived experiences and social practices of many Malians, who are overwhelmingly Muslim, has become even more apparent in this era of political liberalization and promotion of global human rights discourses. This has helped to make such proposed social reforms as the promotion of women's rights and family law reform more contentious and the ultimate outcome even more uncertain.

The “Power of Presence”: Professional Women Leaders and Family Law Reform in Morocco

2019 ◽  
Vol 27 (2) ◽  
pp. 337-360
Author(s):  
Mounira M Charrad ◽  
Rita Stephan
Keyword(s):  
Civil Society ◽  
Middle East ◽  
Women Leaders ◽  
Women's Movement ◽  
Family Law ◽  
Professional Women ◽  
Law Reform ◽  
Political Capital ◽  
Legal Change

Abstract The 2004 reforms of Islamic family law in Morocco brought about a long-awaited expansion of women’s rights. The Moroccan women’s movement was a key player in the promulgation of the reforms. We highlight the role of professional women leaders in the movement and show how they developed political capital and the “power of presence” by combining (i) professional attainment, (ii) leadership in women’s organizations, and (iii) active participation or positions in politics and civil society. We suggest that more needs to be understood about the implications of women’s education and professional attainment for legal change, especially in the Middle East.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

State, Islam, and Gender Politics

2017 ◽  
Keyword(s):  
Women's Rights ◽  
Socioeconomic Development ◽  
Women’S Rights ◽  
Dress Code ◽  
Main Site ◽  
Muslim Countries ◽  
Personal Rights ◽  
The Status ◽  
And Gender ◽  
Economy And Education

The existing literature on women’s rights and Islam falls short of addressing the relationship between the religious debate on women’s rights and the existing rules of law in Muslim-majority countries. This chapter will bridge this gap by analyzing the status of women in the legal systems of Egypt, Turkey, and Morocco. It will evaluate the influence of Islam on the shaping of these laws, compared to other factors like culture, socioeconomic development, and education. Except in marginal cases like Saudi Arabia or Afghanistan under the Taliban, women’s rights in politics, the economy, and education have advanced in all Muslim countries. But there are some limitations placed upon women’s rights using religious arguments. Everywhere, personal rights about family life, sexuality, and dress code remain discriminatory against women. In this regard, the woman’s body has become the main site of the politicization of Islam, by state and non-state actors alike.

Islam, Gender, and Democracy in Comparative Perspective

2017 ◽  
Keyword(s):  
Human Rights ◽  
Comparative Literature ◽  
Gender Equality ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Muslim Countries ◽  
And Gender ◽  
Shed Light

This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.

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