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Author: Anastasiya Hozyainova
Publisher:
ISBN: 9781601272263
Category : Islamic law
Languages : en
Pages : 9
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Book Description
Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.
Author: Anastasiya Hozyainova
Publisher:
ISBN: 9781601272263
Category : Islamic law
Languages : en
Pages : 9
Get Book Here
Book Description
Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.
Author: Daisy Khan
Publisher: Monkfish Book Publishing
ISBN: 1958972347
Category : Religion
Languages : en
Pages : 315
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Book Description
This authoritative “go-to” publication aims to educate women on how to express their rights within Islam. Perfect for enabling activists to integrate an egalitarian Islamic belief system into their movements. The most effective means of improving Muslim women's lives is connecting them to their deeply held beliefs that affirm human dignity and gender equality at the core of the Islamic faith. But Muslim women lack this information that enlightens and vouches for their sacred rights, and they have no accessible tools that encourage faith-based activism consistent with the Islamic faith. To protect them from being misrepresented by or outside their communities, there is a need to provide pre-packaged, easy-to-understand literacy tools to women so they can lead lives of choice, dignity, and opportunity. 30 Rights of Muslim Women aims to fill this gap.
Author: Niaz Shah
Publisher: BRILL
ISBN: 9047410173
Category : Law
Languages : en
Pages : 273
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Book Description
Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
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: Asgharali Engineer
Publisher: Sterling Publishers Pvt. Ltd
ISBN: 9788120739338
Category : Law
Languages : en
Pages : 260
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Book Description
Women's issues continue to dominate the Islamic world in particular, as there has been a very gradual change in the status of women in the Islamic world as a whole. This book covers various aspects relating to the status of women in the pre-Islamic period -- customs and -traditions, forms of marriage, divorce and forms of divorce, dower, traditions regarding slave-girls, and so on. It then goes on to deal with the status of women in the post-Islamic period -- the Qur'anic concept of women's rights in marriage, divorce, inheritance, custody of children, polygamy, maintenance, property, right to earn, etc. It quotes extensively from the Qur'an and Sunnah. It also deals with the Arab adaat, that is, pre-Islamic customs and traditions regarding women. Altogether, it attempts to arm Muslim women with Islamic arguments for their empowerment. The author, a renowned scholar, has sought to set the record straight by reinterpreting women's rights in the true Qur'anic spirit. He argues quite convincingly that the Holy Book gives equal rights to both the sexes, and it does not discriminate between them as regards personal, democratic and human rights. The question whether in a secular society Muslim personal law needs any change, and, if so, in which direction the reform should be undertaken is dealt with in detail. This third edition contains a chapter: 'On a Muslim Woman Leading the Congregational Prayer'. This chapter deals with the important aspect of Muslim women's problems and also hopes to further enhance their understanding of the Shari'ah issues.
Author: Lena Larsen
Publisher: Bloomsbury Publishing
ISBN: 0857721690
Category : Social Science
Languages : en
Pages : 288
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Book Description
Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "
Author: Ekaterina Yahyaoui Krivenko
Publisher: BRILL
ISBN: 9004171444
Category : Political Science
Languages : en
Pages : 281
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Book Description
Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.
Author: Shaheen S. Ali
Publisher: BRILL
ISBN: 9004479953
Category : Law
Languages : en
Pages : 380
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Book Description
This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.
Author: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 1108832784
Category : History
Languages : en
Pages : 391
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Book Description
Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
Author: Chitra Raghavan
Publisher: UPNE
ISBN: 1611682819
Category : Law
Languages : en
Pages : 370
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Book Description
An interdisciplinary anthology on the intersections of gender, Islam, and law
