Miesse v. Miesse, 1856

Author(s):  
Kim E. Nielsen

In 1856, Jonathan and Anna Miesse divorced after he accused her of gender deviance, cross-dressing, sexual impropriety, and neglect of their children. Evidence suggests that the couple colluded to agree upon Anna’s guilt in order to divorce. For Jonathan and other husbands, accusations of sexual infamy and unwomanliness served as effective strategies. Not simply an example of victimhood, Anna left the marriage with significant financial resources in a decade in which early women’s rights activists were only beginning to prod state legislators to pass laws enabling women to own and control their own property.

2006 ◽  
Vol 13 (2) ◽  
pp. 242-274 ◽  
Author(s):  
Moussa Abou Ramadan

In this article, I study Article 130 of the Ottoman Family Law, which is still applied in Israel, with special attention to developments within the Sharia Court of Appeals between the years 1992 and 2003. I argue that this Court has encouraged reform regarding the issue of niza wa-shiqāq (quarrel and disagreement). This reform has four main components. First, it entails a weakening of the patriarchal concept that limits a woman's role within Muslim society, her authority over her body, and her movements. Second, it eases the burden of proof by lowering evidentiary requirements. Third, it improves the procedure of arbitration by better defining the suitability of the arbitrators and supervising the methods of their work. Fourth, it enables the Sharia Court to nominate arbitrators and control their decisions. This reform has improved women's rights to divorce and has made divorce a relatively easy option. The reform also makes it easier for both men and women to obtain divorce, particularly as compared to other religious minorities in Israel.


2019 ◽  
pp. 335-352 ◽  
Author(s):  
Flavia Agnes

This chapter scrutinizes the triple talaq issue in the context of an aggressive Hindu nationalism in India to provide the intersectional and historical context for the overemphasis on triple talaq and the lack of reporting on the progress in Muslim women’s rights, and to challenge popular misconceptions surrounding Muslim personal law. Why is there an overemphasis on triple talaq today to the exclusion of all other gender concerns? Agnes highlights how the discourse around triple talaq has constrained the discussion of abandoned women within the confines of Muslim communities, even while separated and abandoned Hindu women number 2 million out of 2.3 million in India. Through reflecting on the triple talaq issue, she seeks to find effective strategies to secure dignity and economic rights for women in a context where women’s rights are posed as oppositional to (Muslim) community rights.


1999 ◽  
Vol 1 (2) ◽  
pp. 195-205 ◽  
Author(s):  
Michael Molnar

Freud's translation of J.S. Mill involved an encounter with the traditions of British empirical philosophy and associationist psychology, both of which go back to Locke and Hume. The translation of Mill's essay on Plato also brought Freud into contact with the philosophical controversy between the advocates of intuition and faith and the advocates of perception and reason. A comparison of source and translated texts demonstrates Freud's faithfulness to his author. A few significant deviations may be connected with Freud's ambiguous attitude to women's rights, as advocated in the essay The Enfranchisement of Women. Stylistically Freud had nothing to learn from Mill. His model in English was Macaulay, whom he was also reading at this period.


2020 ◽  
Vol 6 (2) ◽  
pp. 145-173 ◽  
Author(s):  
Heidi E. Rademacher

Promoting the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was a key objective of the transnational women's movement of the 1980s and 1990s. Yet, few studies examine what factors contribute to ratification. The small body of literature on this topic comes from a world-society perspective, which suggests that CEDAW represented a global shift toward women's rights and that ratification increased as international NGOs proliferated. However, this framing fails to consider whether diffusion varies in a stratified world-system. I combine world-society and world-systems approaches, adding to the literature by examining the impact of women's and human rights transnational social movement organizations on CEDAW ratification at varied world-system positions. The findings illustrate the complex strengths and limitations of a global movement, with such organizations having a negative effect on ratification among core nations, a positive effect in the semiperiphery, and no effect among periphery nations. This suggests that the impact of mobilization was neither a universal application of global scripts nor simply representative of the broad domination of core nations, but a complex and diverse result of civil society actors embedded in a politically stratified world.


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