The Status of Women under Islamic Law and Modern Islamic Legislation

Author(s):  
Jamal J. Nasir
2014 ◽  
Vol 11 (1) ◽  
pp. 1-24
Author(s):  
Dina Mansour

AbstractThis article analyses existing biases – whether due to misinterpretation, culture or politics – in the application of women’s rights under Islamic Shari’a law. The paper argues that though in its inception, one purpose of Islamic law may have aimed at elevating the status of women in pre-Islamic Arabia, biases in interpreting such teachings have failed to free women from discrimination and have even added “divinity” to their persistent subjugation. By examining two case studies – Saudi Arabia and Egypt – the article shows that interpretative biases that differ in application from one country to the other further subject women to the selective application of rights. Dictated by norms, culture and tradition rather than a unified Islamic law, the paper shows how culture and politics have contributed to such biases under the pre-text of Islamic dictate. As such, it proposes a re-examination of “personal status” laws across the region in light of international human rights norms.


2020 ◽  
Vol 9 (1) ◽  
pp. 118-129
Author(s):  
Mutiat Titilope Oladejo

This paper examined the tradition of holding women as concubine in Muslim societies of the Hausa. Concubine holding changed the status of women and was acquired by slavery. This paper analysed concubine holding as a phenomenon that challenged female status in Hausa society. It put into perspective, the trajectories of concubine holding from the legends in the tradition of origin. It analysed the rights and privileges accrued to a concubine. And by the beginning of the twentieth century, the question of concubine holding was conveniently desirable under Islamic law and while the British law attempted to change the practices as part of efforts to abolish slavery. Thus, the paper contended that; concubine holding was part of the accepted norms in the sexual notions, which specifically privileged women to change their status and negotiate power in Hausa society. The paper adopted the historical approach by analysing court records, archival materials of the Nigerian National Archives, Kaduna, as well as books and journals relevant to the theme. Keywords: Concubine holding, British law, Islamic law, Hausa society


sjesr ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 34-41
Author(s):  
Muhammad Aqeel Khan ◽  
Muhammad Zubair

The critically discusses the women’s rights in Pakistan. For this purpose, it explores the Patriarchal nature of the society and the historical background of women’s rights in Pakistan. Before it does so, the paper also throws light on the status of women in Islam and enumerates the important rights the woman holds in Islamic law because of Islam’s great influence in the state of Pakistan.


Author(s):  
Jonathan Berkey

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.


2001 ◽  
Vol 18 (4) ◽  
pp. 195-199
Author(s):  
Shabana Mir

Windows of Faith provides a space where Muslim women speak forthemselves and challenge rigidly traditionalist voices that have often hadhegemonic status in Islamic jurisprudential works regarding women. It is avolume that represents the voices of some of the most highly regardedMuslim women scholars and activists today. The book appears to cater toa primarily academic audience, and one that is familiar with the tradition ofIslamic feminism.In her introduction, Gisela Webb describes the overall approach ofthe contributors as challenging hegemonic discourse in many circles. Itchallenges: elements within the Muslim and the non-Muslim imaginationthat define Muslim women as mute victims; western feminist patriarchytoward Muslim women; and also the Muslim cultural patriarchy thatappropriates the sources of Islamic law and praxis yet, in the view of(probably all of) these women, has abandoned the essential Divineegalitarian purposes. Windows of Faith is a refreshing read, especiallydue to today’s urgent need to respond to the Qur’anic challenge: Do theynot reflect?In the first part (Qur’anic/rheological Foundations) Amina Wadud’spiece “Alternative Qur’anic Interpretation and the Status of MuslimWomen” explores neo-traditionalist and secular approaches towardalternative interpretation of the Qur’an regarding the status of women. Itis interesting to examine her comment, “Being anti-Western has becomea basis for legitimacy in ‘Islam’ ” against some of Maysam al-Faruqi’scomments in her chapter, which seem to dichotomize “Islamicness” withwesternness in the context of gender relations. In the second chapter“Muslim Women’s Islamic Higher Learning as a Human Right,” NimatBarazangi seeks, through an analysis of qualitative research with Muslimwomen, to develop an “action plan for the Muslim woman” in the postmodemera, “to regain her identification with Islam.” The need of the houris to “reinstate woman as an educational agent, both at home and at themosque one who herself will outline her priorities as a trustee entrustedwith changing history toward social justice.” Will we see womenas weil as men delivering khutaba and instituting policies in mosques ...


2000 ◽  
Vol 15 (1/2) ◽  
pp. 499
Author(s):  
Natana J. De Long-Bas ◽  
Jamal J. Nasir

2018 ◽  
Vol 7 (1) ◽  
pp. 25-33
Author(s):  
Yousf Faraj muhammad Hadiri

The issue of the financial system of a multinational family in shari'a and law is of great importance in the current era of the deterioration of rights in the case of family disputes, which often result in divorce. Hence, Islamic law has taken into account this subject with many rules and provisions that protect both spouses' rights and obligations. Some Arab countries have also taken this approach, but they have not been far from international laws that advocate women's freedom, as we find in Tunisian law, for example. Here we have examined this subject from a legitimate legal point to clarify the problem that some countries have occurred when they put the family laws. The family laws have come up with sub-solutions that have made them fundamental issues that would raise the status of women and strengthen their legal and social status. This is the result of satisfying the demands of a predominantly political nature of religion, which made some laws rigid. The obligation of positive laws should not be affected by the purposes of Islamic law and its lofty principles of political, because codification does not prohibit Hara’am things, and it is not Hara’am for Halaal and non-ijtihad.


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