scholarly journals Tradition of Concubine Holding in Hausa Society (Nigeria), 1900 – 1930

2020 ◽  
Vol 9 (1) ◽  
pp. 118-129
Author(s):  
Mutiat Titilope Oladejo
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Historical Approach ◽  
Court Records ◽  
Female Status ◽  
National Archives ◽  
The Status ◽  
Status Of Women

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

Trojan Women and Irish Sexual Politics, 1920–2015

2020 ◽  
pp. 254-267
Author(s):  
Isabelle Torrance
Keyword(s):  
Twentieth Century ◽  
Female Sexuality ◽  
Sexual Politics ◽  
Political Agency ◽  
Rural Villages ◽  
Irish Women ◽  
The Status ◽  
Status Of Women ◽  
Public Criticism

This chapter traces representations of the status of women in Ireland through three twentieth-century productions based on the Trojan Women of Euripides. As a tragedy about the brutalities of colonialism, the play was immediately topical when it was produced by the Dublin Drama League in 1920, with Maud Gonne in the starring role as Hecuba. The play’s reception, however, underlined women’s lack of political agency, as did Brendan Kennelly’s Trojan Women (1993) and Marina Carr’s Hecuba (2015). Kennelly’s Trojan women are inspired by suffering Irish women from rural villages, but his Hecuba represents female collusion in sexist oppression from which men escape responsibility. Carr’s women are sexually liberated but they remain prisoners. Female sexuality continues to be connected with disempowerment at a moment when the absence of women from the Abbey Theatre’s 1916 commemoration programme was generating significant public criticism.

Women’s Rights in Islamic Shari’a: Between Interpretation, Culture and Politics

2014 ◽  
Vol 11 (1) ◽  
pp. 1-24
Author(s):  
Dina Mansour
Keyword(s):  
Women's Rights ◽  
Islamic Law ◽  
The Other ◽  
Women’S Rights ◽  
International Human Rights ◽  
The Status ◽  
International Human ◽  
Human Rights Norms ◽  
Free Women ◽  
Status Of Women

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.

PUBLIC POLICY AND ISLAMIC LAW: THE MODERN DHIMMĪ IN CONTEMPORARY EGYPTIAN FAMILY LAW

2001 ◽  
Vol 8 (1) ◽  
pp. 88-136 ◽  
Author(s):  
Maurits Berger
Keyword(s):  
Public Policy ◽  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Case Law ◽  
Legal Order ◽  
Jewish Communities ◽  
Legal Literature ◽  
The Status ◽  
Muslim Communities

AbstractEgyptian law has maintained the Islamic system of interreligious law in which the Muslim, Christian and Jewish communities are governed by their own courts and their own laws. In the course of the twentieth century, however, these separate courts were abolished and the application of non-Muslim laws was restricted to matters of marriage and divorce, and then only if the non-Muslim spouses share the rite and sect of the same religion. In all other cases Islamic law applies. In addition, non-Muslim laws may not be applied if they violate Egyptian "public policy", a European concept which refers to the fundamentals of a national legal order. Egyptian public policy can be defined as those principles which are essential in Islamic law. In this article I analyse the status of the non-Muslim Egyptian in contemporary personal status law, based on Egyptian case law and legal literature. The concept of public policy plays a key role in understanding the mechanics of interreligious law in Egypt. I will argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt.

Social and Economic Position of Women in an Ottoman City, Bursa, 1600-1700

1980 ◽  
Vol 12 (3) ◽  
pp. 231-244 ◽  
Author(s):  
Haim Gerber
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Public Life ◽  
Legal Rights ◽  
Popular Belief ◽  
Modest Improvement ◽  
Patriarchal Family ◽  
The Social ◽  
Islamic Society ◽  
Status Of Women

Popular belief, if not serious scholarship, maintains that the position of women in pre-twentieth-century Islamic society was an extremely depressed one. And although scholars were always cautious on this point, the popular belief, shared also, it would seem, by many Orientalists, is a stubborn one. The low status of women is said to have derived from the fact that the patriarchal family was supposedly the backbone of the social structure throughout Islamic society. Women, it was supposed, were often secluded in harems and, therefore, were barred from participating in public life, which meant that they could not pursue economic occupations, or go to court to defend their interests and legal rights. Moreover, it seems to have been generally agreed that women were frequently deprived of the benevolence bestwed on them by classical Islamic law, which mitigated the extremities of the pre-Islamic tribal law of Arabia. Thus, Islam reduced the number of women allowed to a man to four, in order to ensure their better treatment. Similarly, Islam denounced the usual deprivation of inheritance suffered by women, and assigned them a share in the estate of the deceased, although this was very much less than that assigned to male inheritors. It has generally been thought that even this modest improvement in the position of women was never, in fact, effected.

scholarly journals THE CONTRIBUTION OF THE ISLAH MOVEMENT TO THE DEVELOPMENT OF NATIONALISM AND ISLAMIC EDUCATION IN PRE-INDEPENDENT MALAYSIA

2019 ◽  
Vol 2 (7) ◽  
pp. 12-23
Author(s):  
Hafiz Zakariya
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Status Quo ◽  
Islamic Education ◽  
Religious Institutions ◽  
Malay Peninsula ◽  
Early Twentieth Century ◽  
The Status ◽  
Short And Long Term

The advent of the Islah movement in Malay Peninsula during the early twentieth century challenged the status quo and the existing political and religious institutions. It created a major controversy and tension between the reformists and those supporting the existing order. Consequently, some Muslims were suspicious of the reformists. This was primarily due to their non-adherence to the Shafi’i school of Islamic law, which was adopted by the majority of Muslims not only in Malay Peninsula, but the Nusantara in general. Amid such controversy, some people overlook and even dismiss the contribution of the reformists. Therefore, this article re-examines both the short and long-term contribution of the Islah movement to Malay society.

scholarly journals PENYELESAIAN SENGKETA WAKAF DI INDONESIA: Pendekatan Sejarah Sosial Hukum Islam

2012 ◽  
Vol 36 (1) ◽  
Author(s):  
Ibrahim Siregar
Keyword(s):  
Social Change ◽  
Early Development ◽  
Islamic Law ◽  
Islamic History ◽  
Historical Approach ◽  
The Social ◽  
The Status

<p>Abstrak: Artikel ini berbicara tentang penyelesaian sengketa wakaf dalam sejarah hukum Islam. Permasalahan wakaf telah muncul di awal sejarah Islam. Sehubungan dengan sengketa tentang status harta sebagai wakaf telah muncul pada masa lalu  disebabkan oleh perubahan sosial; pergeseran nilai dan tatanan masyarakat, dan ditambah lagi dengan masalah bahwa tidak adanya bukti tertulis yang menyatakan bahwa status suatu harta sebagai objek wakaf. Pada tulisan ini dikemukakan kasus-kasus permasalahan sengketa wakaf yang terjadi pada awal periode Islam dan kasus-kasus kontemporer tentang sengketa perwakafan serta penyelesaiannya, yang terjadi di Indonesia pada beberapa dasawarsa yang lalu.</p><p><br />Abstract: The Settlement of Religious endowment (waqf) Dispute: A Socio-Historical Approach of Islamic law. This paper concentrates on the settlement of religious endowment (waqf) dispute in the perspective of Islamic law history. The disputes relating to waqf  has emerged since the early development of Islamic history. In regard with the conflict of the status of waqf property, the disputes have originated from the social change, the shift of values in the society, and the absence of written evidence of waqf property. This article will elaborate the cases of waqf disputes which occured in the early periods of Islam and the contemporery cases along with the settlement of the disputes taking place in Indonesia in the last few decades.</p><p><br />Kata Kunci: Hukum Islam, Hukum Perwakafan, Sejarah Sosial Hukum Islam<br /><br /></p>

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