Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel PDF Download
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Author: Ahmad Natour
Publisher: Rowman & Littlefield
ISBN: 1793640971
Category : Law
Languages : en
Pages : 223
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Book Description
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author: Ahmad Natour
Publisher: Rowman & Littlefield
ISBN: 1793640971
Category : Law
Languages : en
Pages : 223
Get Book
Book Description
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author: Ahron Layish
Publisher: Routledge
ISBN: 1351471422
Category : Religion
Languages : en
Pages : 365
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Book Description
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
Author: Aharon Layish
Publisher: Jerusalem : Israel Universities Press
ISBN: 9780706514100
Category : Femmes - Droit - Israël
Languages : en
Pages : 369
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Book Description
Author: Aharon Layish
Publisher: Transaction Pub
ISBN: 9780765809834
Category : Social Science
Languages : en
Pages : 369
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Book Description
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the "shari'a" courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the "shari'a" courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in "shari'a" courts, followed by social analyses and a study of the attitudes and approaches of the "qadis, " or Muslim religious judges. Layish examines the relationship between "shari'a" and Israeli legislation: Do "shari'a" courts have regard to the provisions of Israeli law? What is the relationship between "shari'a" and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the "qadis, " toward Israeli legislation? "Women and Islamic Law in a Non-Muslim State" is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
Author: Haleh Esfandiari
Publisher: Woodrow Wilson Center Press
ISBN: 9780801856198
Category : History
Languages : en
Pages : 252
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Book Description
Iranian women tell in their own words what the revolution attempted and how they responded. The Islamic revolution of 1979 transformed all areas of Iranian life. For women, the consequences were extensive and profound, as the state set out to reverse legal and social rights women had won and to dictate many aspects of women's lives, including what they could study and how they must dress and relate to men. Reconstructed Lives presents Iranian women telling in their own words what the revolution attempted and how they responded. Through a series of interviews with professional and working women in Iran—doctors, lawyers, writers, professors, secretaries, businesswomen—Haleh Esfandiari gathers dramatic accounts of what has happened to their lives as women in an Islamic society. She and her informants describe the strategies by which women try to and sometimes succeed in subverting the state's agenda. Esfandiari also provides historical background on the women's movement in Iran. She finds evidence in Iran's experience that even women from "traditional" and working classes do not easily surrender rights or access they have gained to education, career opportunities, and a public role.
Author: Yüksel Sezgin
Publisher: Cambridge University Press
ISBN: 110743565X
Category : Political Science
Languages : en
Pages : 323
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Book Description
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.
Author:
Publisher: BRILL
ISBN: 9004446818
Category : Law
Languages : en
Pages : 252
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Book Description
The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.
Author: Muhammad Al-Atawneh
Publisher: Cambridge University Press
ISBN: 1108530133
Category : History
Languages : en
Pages : 213
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Book Description
Islam is the religion of the majority of Arab citizens in Israel and since the late 1970s has become an important factor in their political and socio-cultural identity. This leads to an increasing number of Muslims in Israel who define their identity first and foremost in relation to their religious affiliation. By examining this evolving religious identity during the past four decades and its impact on the religious and socio-cultural aspects of Muslim life in Israel, Muhammad Al-Atawneh and Nohad Ali explore the local nature of Islam. They find that Muslims in Israel seem to rely heavily on the prominent Islamic authorities in the region, perhaps more so than minority Muslims elsewhere. This stems, inter alia, from the fact that Muslims in Israel are the only minority that lives in a land they consider to be holy and see themselves as a natural.
Author: Peter Hammond
Publisher:
ISBN: 9780980263992
Category : Slavery
Languages : en
Pages : 0
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Book Description
Dr. Peter Hammond's bestselling book: SLAVERY, TERRORISM & ISLAM - The Historical Roots and Contemporary Threat is a fascinating, well illustrated and thoroughly documented response to the relentless anti-Christian propaganda that has been generated by Muslim and Marxist groups and by Hollywood film makers. As Karl Marx declared: "The first battlefield is the re-writing of History!" Slavery, Terrorism and Islam was first published in 2005 and quickly sold out. It earned Dr. Peter Hammond a death threat "Fatwa" from some Islamic radicals. We have included the story of that in an appendix of this book. Slavery, Terrorism & Islam sets the record straight with chapters on "Muhammad, the Caliphas and Jihad", "The Oppression of Women in Islam", "The Sources of Islam" and "Slavery the Rest of the Story". With over 200 pictures, maps and charts, this book is richly illustrated. It consists of 16 chapters and 13 very helpful appendixes including demographic maps of the spread of Islam, a Glossary of Islamic Terms, a comparison of Muslim nations' military spending vs. their national prosperity, a chart on how Jihad works depending on the percentage of Muslims in the population and guidelines for Muslim evangelism.
Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231546955
Category : Political Science
Languages : en
Pages : 669
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Book Description
The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
