scholarly journals U-19 Review of Specific Laws for Women in Sharia Criminal Law and their Adherence to Statutory Laws

2020 ◽  
Vol 4 (2) ◽  
pp. 299-314
Author(s):  
Muhammad Ishaq ◽  
Muhammad Adil ◽  
Owais Anwer

The slogan of gender equality and gender equality is constantly being used today and unfortunately it raises more objections to Islamic injunctions than to women's rights. Although Islam is a compete code of conduct for human life and its rules have taken care of human nature, so in the rules that apply to both men and women, the natural characteristics of both have been taken into consideration. Because of the development of various forms of media today, objections to Islamic injunctions in the name of gender equality are gaining strength. This article seeks to ascertain the validity of these objections and compares the specific provisions of Islamic criminal law regarding women with the existing laws of Pakistan. As a result of this comparison, it has come to light that on the one hand, in some cases, women have been given less rights than men, such as not accepting their testimony in the cases clearly defined by ALLAH (in Qur’an called as حدود الله) and the Diyat  (دیت)of a woman is equal to half of the Diyat (دیت) of a man etc. On the other hand, in most of the rulings, women are given precedence over men, such as in case of fighting in a war along with men, the renouncement of Qisas or any other charges from women, respite in stoning due to pregnancy, the renouncement of Qisas or any other charges in case of forced compulsion by someone else, renouncement of Diyat (دیت) in Qisamat and the condition of being with a Mehram (محرم) in exile etc., and even  where their rights are apparently less evident, there is a clear consideration of their nature in implementing of those laws..

2011 ◽  
Vol 6 (1) ◽  
pp. 25-39 ◽  
Author(s):  
Liv Tønnessen

AbstractThe fundamental argument put forward by Islamists, who have ruled Sudan since 1989, for not signing the convention is based on cultural relativism; different cultures provide indigenous and local solutions to their women’s problems. Islam is the solution, not Western feminism. But the Islamists’ failure to ratify CEDAW should not be regarded as a complete rejection of Western feminism, however defined. Through a review of the debate on CEDAW and Islam, this article explores the entanglements of ‘Islamic’ and ‘Western’ normative legal orders. It argues that although Islamist feminists’ discourse deems Western tenets of feminism and gender equality to be unessential to Islamic societies and falsely universalising in its premises, it simultaneously draws upon them in order to demonstrate their ‘alternative’ feminism. By analysing a range of Islamist women’s positions, it becomes apparent that on the one hand they reject CEDAW and gender equality, and on the other promote issues which empower women in the Sudanese state and society. But there are important points of criticism to be made regarding Islamic solutions in a multi-religious and class-divided Sudanese society. Sudanese Islamist women’s claims on behalf of Islamic solutions for Sudanese women can paradoxically be critiqued being as universalising in its premises as so-called Western feminism.


Author(s):  
Patricia Crone

In terms of political thought, as in so many other respects, Muslims today could be said to be bilingual. On the one hand, they speak the global political language of Western derivation marked by key concepts such as democracy, freedom, human rights, and gender equality. On the other hand, they still have their traditional political idiom, formed over 1,400 years of Islamic history and marked by concepts such as prophecy, imamate, and commanding right and forbidding wrong. The Islamic tradition is alien to most Western readers. This chapter attempts to familiarize them with it to make it easier for them to follow the other entries in this volume. The single most important difference between contemporary Western political thinking and the Islamic tradition is that contemporary thought focuses on freedom and rights whereas the Islamic tradition focuses on authority and duties. This separates contemporary political thought from that of all premodern societies, not just that of the Islamic world.


2009 ◽  
Vol 4 (1) ◽  
pp. 41-63 ◽  
Author(s):  
Anne Sofie Roald

AbstractThis study deals with the Muslim Brotherhood's reception of CEDAW (Convention on the Elimination of All Forms of Discriminations against Women) in Jordan. In view of the Arab Human Development Report (AHDR) and interviews with several political actors in Jordanian society it is possible to evaluate Islamist ideas on women's rights. The main aim is to investigate whether Jordanian Islamists are promoters of or obstacles to female empowerment and gender equality. By analyzing various political stands it became apparent that Islamists, on the one hand, reject CEDAW, gender empowerment, and gender equality, and on the other promote issues which in the long run may empower women in Jordanian society. There is thus an unintentional trend towards female empowerment in the organization of the Muslim Brotherhood despite its opposition to such female politics.


2018 ◽  
Vol 17 (3) ◽  
pp. 457-466 ◽  
Author(s):  
Ingólfur V. Gíslason ◽  
Sunna Símonardóttir

Iceland enjoys a reputation as one of the most gender equal countries in the world. It has also received much attention for an innovative approach to parental leave where fathers have three months of non-transferable leave, thereby encouraging active involvement of fathers in the caretaking of their children. This article focuses on the discrepancy between on the one hand the goals of the state of drawing men, particularly fathers, into traditional female dominated areas such as caregiving of infants and young children and on the other hand a discourse that equates motherhood with parenthood and promotes the ideology of intensive mothering.


Author(s):  
Chiara Saraceno

The social investment approach (SIA) with regard to gendered family arrangements might be defined as a dual defamilization: of women and children. This dual defamilization, however, presents risks, particularly for women, in so far it strongly delegitimizes family/mother’s caring as a valuable activity, with the additional risks of, on the one hand, undermining the trend towards more male caring and, on the other hand, of presenting low-educated mothers’ caring as a liability for their children. In order to be effective, the SIA should address in a systematic way both the issue of social inequality and that of non-paid work and activities as meaningful ones, deserving themselves time and social investment. It should also address the risk of creating a new dichotomy between people deserving (e.g. children, the young) and undeserving (e.g. the old, the severely disabled, the ‘inactivable’) of social investment.


Labyrinth ◽  
2014 ◽  
Vol 16 (2) ◽  
pp. 92
Author(s):  
Philippe Lauria

Woman's Destiny according Edith SteinThe following essay aims to show that Edith Stein's conception of women was a feminist and a traditionalist one. This could be interpreted by some philosophers as a sort of contradiction. Thus the author presents the different arguments detecting such a conflict between feminism and traditionalism. These arguments are based in fact on the opposition between nature or essence, on the one hand, and freedom, on the other hand. The thesis of the author is that there is not necessarily a conflict between essence and freedom, and that essence is not a fiction but an ontological reality which, interpreted in the way of Edith Stein, makes it possible to conceive sexual difference in a perfect synthesis between the Christian tradition and gender equality.


Author(s):  
Patrick Colm Hogan

The introduction first sets out some preliminary definitions of sex, sexuality, and gender. It then turns from the sexual part of Sexual Identities to the identity part. A great deal of confusion results from failing to distinguish between identity in the sense of a category with which one identifies (categorial identity) and identity in the sense of a set of patterns that characterize one’s cognition, emotion, and behavior (practical identity). The second section gives a brief summary of this difference. The third and fourth sections sketch the relation of the book to social constructionism and queer theory, on the one hand, and evolutionary-cognitive approaches to sex, sexuality, and gender, on the other. The fifth section outlines the value of literature in not only illustrating, but advancing a research program in sex, sexuality, and gender identity. Finally, the introduction provides an overview of the chapters in this volume.


Author(s):  
Marlou Schrover

This chapter discusses social exclusion in European migration from a gendered and historical perspective. It discusses how from this perspective the idea of a crisis in migration was repeatedly constructed. Gender is used in this chapter in a dual way: attention is paid to differences between men and women in (refugee) migration, and to differences between men and women as advocates and claim makers for migrant rights. There is a dilemma—recognized mostly for recent decades—that on the one hand refugee women can be used to generate empathy, and thus support. On the other hand, emphasis on women as victims forces them into a victimhood role and leaves them without agency. This dilemma played itself out throughout the twentieth century. It led to saving the victims, but not to solving the problem. It fortified rather than weakened the idea of a crisis.


1969 ◽  
Vol 24 (1) ◽  
pp. 197-198
Author(s):  
Robert B. Duke

To study the function of personality variables in the perception of other people, 52 undergraduate males were administered the Philosophies of Human Nature Scale and the Embedded-figures Test. Relatively low but significant positive correlations were found between field independence and trustworthiness, altruism, and the positive view of human nature. There was no significant correlation between field independence and strength of will, independence, complexity, and variability. Apparently, the personality of the one perceiving is relevant to what is perceived in the other person.


2020 ◽  
Vol 12 (4) ◽  
pp. 443-454

Sons and Lovers (1913) is one of D.H. Lawrence’s most prominent novels in terms of psychological complexities characteristic of most, if not all, of his other novels. Many studies have been conducted on the Oedipus complex theory and psychological relationship between men and women in Lawrence’s novels reflecting the early twentieth century norms of life. This paper reexamines Sons and Lovers from the perspective of rivalry based on Alfred Adler’s psychological studies. The discussion tackles the sibling rivalry between the members of the Morels and extends to reexamining the rivalry between other characters. This concept is discussed in terms of two levels of relationships. First, between Paul and William as brothers on the one hand, and Paul and father and mother, on the other. Second, the rivalry triangle of Louisa, Miriam and Mrs. Morel. The qualitative pattern of the paper focuses on the textual analysis of the novel to show that Sons and Lovers can be approached through the concept of rivalry and sibling Rivalry. Keywords: Attachment theory, Competition, Concept of Rivalry, Favoritism, Sibling rivalry.


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