Women, Family, and Gender in Islamic Law

Women, Family, and Gender in Islamic Law

by Judith E. Tucker
     
 

ISBN-10: 0521830443

ISBN-13: 9780521830447

Pub. Date: 11/03/2008

Publisher: Cambridge University Press

In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social and economic position? In an analysis of Islamic law through the prism of gender, Judith E. Tucker tackles these complex questions relating to the position of women in…  See more details below

Overview

In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social and economic position? In an analysis of Islamic law through the prism of gender, Judith E. Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system shaped the family, property rights, space, and sexuality, from classical and medieval times to the present. Hers is a nuanced approach, which negotiates broadly between the history of doctrine and of practice and the interplay between the two. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk? - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it. The author is a fluent communicator, effectively guiding the reader through the historical roots and intellectual contours of the Islamic legal system, and explicating the impact of these traditions on Islamic law as it is practiced in the modern world.

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Product Details

ISBN-13:
9780521830447
Publisher:
Cambridge University Press
Publication date:
11/03/2008
Series:
Themes in Islamic Law Series, #3
Pages:
268
Product dimensions:
6.20(w) x 9.00(h) x 1.00(d)

Table of Contents

Maps

1 Introduction 1

Law, women, and gender 2

Islamic law 11

Islamic law and gender 24

2 Woman as wife and man as husband: making the marital bargain 38

Islamic marriage: the legal tradition 41

Islamic marriage: pre-twentieth-century practices 59

Reform and marriage 65

Recent developments 77

Conclusion 82

3 Woman and man as divorced: asserting rights 84

Islamic divorce: the legal tradition 86

Islamic divorce: pre-twentieth-century practices 104

Reform and divorce 111

Recent developments 124

Conclusion 130

4 Woman and man as legal subjects: managing and testifying 133

Legal capacity and the Islamic juridical tradition 135

The pre-twentieth-century legal subject 149

Reform and the legal subject 159

Recent developments 160

Conclusion 172

5 Woman and man in gendered space: submitting 175

Space, sexuality, and the Islamic juridical tradition 177

The regulation of space and sexuality prior to the twentieth century 191

Reform, space, and sexuality 200

Recent developments 206

Conclusion 215

6 Conclusion 218

Glossary 226

Bibliography 232

Suggestions for further reading 244

Index 247

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