The Paradox of Equality and the Politics of Difference: Gender Equality, Islamic Law, and the Modern Muslim State

2011 ◽  
Author(s):  
Anver M. Emon
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Politics Of Difference

Muslim Reformists, Female Citizenship, and the Public Accommodation of Islam in Liberal Democracy

2012 ◽  
Vol 5 (1) ◽  
pp. 2-35 ◽  
Author(s):  
Mohammad Fadel
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Islamic Law ◽  
European Convention ◽  
Political Equality ◽  
The Public ◽  
European Court ◽  
Margin Of Appreciation ◽  
Gender Hierarchy ◽  
Normative Justification

AbstractThe European Court of Human Rights (ECHR), in a trilogy of cases involving Muslim claimants, has granted state parties to the European Convention on Human Rights a wide margin of appreciation with respect to the regulation of public manifestations of Islam. The ECHR has justified its decisions in these cases on the grounds that Islamic symbols, such as the ḥijāb, or Muslim commitments to the shari‘a — Islamic law — are inconsistent with the democratic order of Europe. This article raises the question of what kinds of commitments to gender equality and democratic decision-making are sufficient for a democratic order, and whether modernist Islamic teachings manifest a satisfactory normative commitment in this regard. It uses the arguments of two modern Muslim reformist scholars — Yūsuf al-Qaraḍāwī and ‘Abd al-Ḥalīm Abū Shuqqa — as evidence to argue that if the relevant degree of commitment to gender equality is understood from the perspective of political rather than comprehensive liberalism, doctrines such as those elaborated by these two religious scholars evidence sufficient commitment to the value of political equality between men and women. This makes less plausible the ECHR's arguments justifying a different treatment of Muslims on account of alleged Islamic commitments to gender hierarchy. It also argues that in light of Muslim modernist conceptions of the shari‘a, there is no normative justification to conclude that faithfulness to the shari‘a entails a categorical rejection of democracy as the ECHR suggested.

scholarly journals AN ANALYSIS OF THE FACTORS OF GENDER EQUALITY AND WOMEN'S EMPOWERMENT ISSUES IN THE ECONOMIC SECTOR IN MALAYSIA: AN ANALYSIS

2021 ◽  
Vol 6 (22) ◽  
pp. 261-275
Author(s):  
Rahmawati Mohd Yusoff ◽  
Nadzrah Ahmad ◽  
Alizah Ali ◽  
Noraini Ismail ◽  
Ira Rozana Mohd Asri
Keyword(s):  
Gender Equality ◽  
Research Method ◽  
Islamic Law ◽  
Women's Empowerment ◽  
Female Students ◽  
Women’S Empowerment ◽  
Male Students ◽  
Economic Sector ◽  
Policy System ◽  
The Government

Statistics show that the number of female students enrolled in public universities is higher than male students. However, this scenario is very different from the involvement of women in the economic sector because the statistics of women's involvement in the economic sector are low and not as high as the statistics of female student enrollment to university. Therefore, this paper intends to examine the issue of gender equality and women's empowerment according to Islamic law and the situation in Malaysia. This paper will also analyse the factors that lead to the lack of women's involvement in the economic sector in Malaysia. The discussion adopts the qualitative research method by examining the issue according to the perspective of Islamic law as well as the perspective of law and the current situation in Malaysia. This paper finds that there is still no clear mechanism that should be implemented to address the issue of gender equality. Therefore, all parties including the government and employers must be more progressive in formulating a policy system that can address the issue of gender equality and women's empowerment. In the meantime, this study also suggests that the government should follow the recommendations by the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) so that the issue of gender equality can be addressed immediately.

scholarly journals Discriminación de la mujer en el Derecho de familia islámico y orden público = Discrimination of women in Islamic Family Law and public order

2020 ◽  
Vol 12 (1) ◽  
pp. 286
Author(s):  
Alejandro Nieto Cruz
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Family Law ◽  
Public Order ◽  
Spanish Law ◽  
Collateral Effects ◽  
Islamic Family Law ◽  
Islamic Marriage

Resumen: El presente trabajo se centra en el análisis de las posibles colisiones existentes entre el orden público español y las principales instituciones del Derecho de familia islámico. No podrán integrarse aquellas instituciones que sean contrarias a valores esenciales de nuestro ordenamiento como la igualdad entre sexos o la monogamia. Sin embargo, a través de la aplicación del orden público atenuado, sería posible reconocer algunos “efectos colaterales” a estas instituciones cuando resultaren beneficiosos para la mujer. El objetivo último sería la protección de ésta como la parte más débil de la relación matrimonial.Palabras clave: Derecho islámico, orden público, matrimonio islámico, poligamia, repudio. Abstract: The present paper focuses on the analysis of the possible collisions between the Spanish public order and the main institutions of the Islamic Family Law. It will not be possible to integrate those institutions which are against essential values of Spanish law such as gender equality or monogamy. However, it would be possible to recognize some “collateral effects” to these institutions if they resulted beneficial for women, through the application of the attenuated public order. The main purpose would be women’s protection, as they are the weakest party of the marriage relationship.Keywords: Islamic Law, public order, Islamic marriage, polygamy, repudiation.

scholarly journals Woman-Initiated Divorce and Feminist Fiqh in Indonesia: Narrating Male Acts of Nushūz in Marriage

ULUMUNA ◽  
2020 ◽  
Vol 24 (2) ◽  
pp. 266-295
Author(s):  
Atun Wardatun ◽  
Bianca J. Smith
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Gender Justice ◽  
Feminist Jurisprudence ◽  
Religious Texts ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Justice Process

This article examines the issue of woman-initiated divorce (cerai gugat) for the controversial reason in Indonesian Islam known as nushūz suami or a husband’s disobedience in marriage. In contrast to the Indonesian Compilation of Islamic Law which applies nushūz (disobedience) to wives only, our arguments draw on feminist jurisprudence (fiqh) to show how nushūz also applies to husbands who do not fulfill marital obligations. A husband’s nushūz is overlooked by classical scholars and Indonesian Islamic Law alike, yet when understood in a Qur’anic feminist context, it gives a depth of understanding about women’s choice to divorce as part of a wider gender justice process and the ‘gendering’ of divorce. Based on women’s post-divorce narratives about nushūz, we propose a feminist fiqh understanding of gender equality situated in tawḥīd as a concept with the potential to form egalitarian-inspired persons (muslimah reformis) and ‘essential’ and ‘true’ justice (keadilan hakiki), through reading religious texts and producing knowledge and policies that include women’s experiences and voices along with those of men’s (mubādalah).

The paradox of Islamic land governance and gender equality.

2021 ◽  
pp. 153-166
Author(s):  
M. Siraj Sait ◽  
M. Adil Sait
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
African Countries ◽  
Colonial Era ◽  
Marginalized Groups ◽  
Land Systems ◽  
And Gender ◽  
Customary Land ◽  
Customary Practices

Abstract The curious case of Islamic land perspectives in the context of African countries highlights the prospects and tensions in acknowledging distinctive Islamic land occurrences as part of the Islamic land governance or more broadly hybrid land governance regimes. Muslim customary land norms recall its history and context to produce land systems that appear more effective on the ground. These sociohistorical patterns mapping faithbased tenure contribute to additional types of land and property rights regimes that potentially increase access to land for women and marginalized groups. Examples from Kenya and Tanzania to Nigeria, Senegal and Somalia highlight that Islamic land perspectives cannot be seen as either homogeneous or existing in a vacuum. Shaped in various forms by customary practices, classical Islamic law, as well as colonial-era policies, Islamic land perspectives highlight the need for appropriate land governance. The paradox of 'Islamic' land governance is that while Islamic law has often been invisible and sometimes dismissed, it is an additional useful lens in rethinking the role of faith in land governance. The compelling and volatile relationship between Islamic land practices and governance query whether Islamic tenures need religious informed land governance to be effective.

scholarly journals Gender and Family in Modern Acehnese Society

2020 ◽  
Vol 14 (1) ◽  
pp. 126-146
Author(s):  
Muhammad Zawil Kiram
Keyword(s):  
Gender Equality ◽  
Sustainable Development Goals ◽  
Islamic Law ◽  
Social Institutions ◽  
Cultural Shift ◽  
The Sustainable Development ◽  
The Family ◽  
Development Goals ◽  
Gender Based ◽  
Domestic Affairs

Since it was declared as one of the crucial issues in the Sustainable Development Goals agenda by the United Nations, gender equality has entered every country including in the Acehnese family. As a province that implements Islamic law and rich in local wisdom, Aceh has its own perspective in responding to the issue of gender equality. Although in the past (in terms of religion and culture) Aceh recognized the existence of the same position between men and women in the family, in its implementation gender equality has not achieved completely. The cultural shift and understanding of Acehnese society towards gender, which is considered as an ideology from the West, has become one of the big walls in the realization of gender equality in the family. The culture of the society that stigmatizes men as weak people if they are involved in domestic affairs also plays a major role. In addition, the most influential thing is the absence of gender-based education both in families and social institutions in Acehnese society, therefore the generation that grows continues to develop with the same understanding as their predecessors which resulted in the discourse of gender equality in modern Aceh society being a mere delusion.

scholarly journals EPISTEMOLOGI FIQH DAN KONTRIBUSINYA BAGI PENEGUHAN SPIRIT GENDER

2020 ◽  
Vol 6 (2) ◽  
pp. 51
Author(s):  
Moh. Rasyid Bahagia ◽  
Asyfiyah Fitriani Bahagia
Keyword(s):  
Gender Equality ◽  
Social Order ◽  
Islamic Law ◽  
Human Beings ◽  
Social Construct ◽  
Gender Based ◽  
New Perspective

This article specifically describes the fiqh epistemoloqy as a new perspective in analyzing how Islam views gender equality.  Through fiqh epistemoloqy, which consists of three subdivions of reasoning: bayani, ta'lili, and isthilahi, the author analyzes how the construction of gender in Islam, which has been taken from its detailed dalils. The result of author's analysis shows that each three reasonings have their own tendency and influence toward the construction of gender spirit edification. Among the three fiqh espitomoloqy reasonings, only bayani reasoning is not quite relevant in analyzing gender-based religous texts. Gender is a social construct that involves roles and values that can be pinned on both female and male who, therefore, a gender-based dichotomy is not naturally stuck in human beings from birth. Islam places people in the same level not only to create a fair, affluent, and prosperous social order, but also because gender-based discrimination is a contraproductive form of dehumanization with the normative doctrine of islamic law. To reject the concept of gender is like opposing Islam's strategy as theological legitimacy over the concept of gender. The good and bad of humans in Allah's side, is not determined by whether he is male or female, but it is determined by the quality of his worship and obedience.

scholarly journals Gender Equality in Islamic Religious Education

2021 ◽  
Vol 1 (1) ◽  
pp. 145-161
Author(s):  
Abdul Karim ◽  
Pryla Rochmahwati
Keyword(s):  
High School Students ◽  
Gender Equality ◽  
Learning Strategies ◽  
Religious Education ◽  
Islamic Law ◽  
Learning Material ◽  
School Students ◽  
Purposive Sampling ◽  
Rational Understanding ◽  
The Impact

Abstract: This research is remarkable to conduct research dealing with its impact on the senior high school students’ achievement. The design of the research was a phenomenological qualitative approach. It was applied by using purposive sampling in Kudus Regency. The findings showed that (1) Islamic Religious Education placed men and women equally in the teaching and learning process. However, the difference in learning material is based on the essence of the source of Islamic law of Al-Quran and Hadith; (2) There are several learning models applied, directed free learning strategies which stimulate students for behaving and acting according to normative-rational and religious considerations and resulting in learning changes in thinking, behaving and acting according to individual ratio considerations; (3) The impact of the Islamic Religious Education learning model on understanding gender equality is that the presence of a normative-religious, normative-rational understanding, as well as a rational understanding of gender issues.   Abstrak: Penelitian ini bertujuan untuk mengetahui pengaruh kesetaraan gender terhadap prestasi belajar peserta didik di Sekolah Menengah Atas (SMA). Penelitian ini mengambil lokasi di Kabupaten Kudus (berdasarkan purposive sampling) dengan menggunakan pendekatan kualitatif fenomenologis. Dari hasil analisis data penelitian ditemukan, pertama: Pembelajaran PAI dilaksanakan dengan tanpa membedakan gender peserta didik. Perbedaan materi pembelajaran didasarkan pada esensi sumber hukum Islam al-Quran dan Hadits. Kedua, terdapat beberapa model pembelajaran yang diterapkan, yaitu dengan menggunakan strategi pembelajaran bebas terarah yang merangsang siswa untuk berperilaku dan bertindak sesuai pertimbangan normatif-rasional dan religius sehingga mengakibatkan perubahan sikap peserta didik dalam berpikir, berperilaku dan bertindak sesuai dengan pertimbangan rasio individu. Ketiga, ada beberapa dampak model pembelajaran PAI terhadap pemahaman kesetaraan gender, di antaranya: model pertama, peserta didik memiliki pemahaman secara normatif-religius; model kedua, peserta didik memiliki pemahaman tentang gender secara normatif-rasional; dan model pembelajaran ketiga, peserta didik memiliki pemahaman permasalahan gender secara rasional.

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