Women's Rights and Islamic Family Law: Perspectives on Reform

Overview


This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women. Three contrasting country cases have been selected: Egypt, the most populous Arab state with a constitutional clause on the place of "principles of the sharìa" as the principal source of legislation; the West Bank and Gaza, family law here being a contested site between different visions of national identity in the process of trying to build a Palestinian state; and the United States, where some...
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Overview


This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women. Three contrasting country cases have been selected: Egypt, the most populous Arab state with a constitutional clause on the place of "principles of the sharìa" as the principal source of legislation; the West Bank and Gaza, family law here being a contested site between different visions of national identity in the process of trying to build a Palestinian state; and the United States, where some in the minority Muslim communities seek to regulate their family relations in accordance with "principles of the sharìa" within the context of a non-Muslim state applying civil law requirements to all family matters. A concluding study ranges further afield in order to explore the challenges and potential of "principles of sharìa" in advocacy on the question of violence against women.
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Product Details

  • ISBN-13: 9781842770955
  • Publisher: Zed Books
  • Publication date: 9/28/2004
  • Pages: 320
  • Product dimensions: 6.16 (w) x 9.30 (h) x 0.68 (d)

Meet the Author


Lynn Welchman is Director of the Centre of Islamic and Middle Eastern Law at the School of Oriental and African Studies, University of London.
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Table of Contents

Introduction 1
Pt. I Muslim personal status law in Egypt : the current situation and possibilities of reform through internal initiatives 15
1 Social context 22
2 Personal status law in Egypt : an historical overview 30
3 Understanding the law : Egyptian family and social attitudes (results of the field study) 45
4 Law no. 1 of 2000 : a new personal status law and a limited step on the path to reform 58
5 General conclusions 87
Pt. II Islamic law and the transition to Palestinian statehood : constraints and opportunities for legal reform 95
6 Legal context : shari'a courts and Muslim family law in the transitional period 99
7 Palestinian interim governance : state legitimation, legal reform and the shari'a 112
8 Attitudes towards legal reform of personal status law in Palestine 125
9 Agents for reform : the woman's movement, social politics and family law reform 144
Pt. III No altars : a survey of Islamic family law in the United States 177
10 Islamic family law in American Muslim hands 181
11 The Muslim family in the USA : law in practice 188
12 Islamic family law in US courts 199
13 Future trends and predictions 213
14 Conclusion 218
Pt. IV Domestic violence and shari'a : a comparative study of Muslim societies in the Middle East, Africa and Asia 231
15 Domestic violence and shari'a 235
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