Woman in Islamic Shari'ah


Book Description

The book tries to clear the notion that to interpret the Islamic concept of woman as, degradation of woman is to distort the actual issue. Islam has never asserted that woman is inferior to man: it has only made the point that woman is differently constituted. The prophet used a parable to explain the delicacy of women s nature, pointing out that they should be treated in accordance with their nature. Their delicate emotional constitution should always be borne in mind.




Muslim Women and Shari'ah Councils


Book Description

Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.




Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel


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.




Women and Sharia Law in Northern Indonesia


Book Description

This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women’s rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women’s freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation’s current trajectory; that the introduction of Islamic law has motivated women’s NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia’s recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.




Economic Empowerment Of Women In The Islamic World: Theory And Practice


Book Description

The book, Economic Empowerment of Women in the Islamic World, discusses the economic, social, and political rights and status of women in Islam, which is theoretically given by the Islamic Jurisprudence (Shariah law). The chapters in this volume will address historical practices in comparison to the status of women in the contemporary Muslim world. Men and women in Islam, regardless of their age, social class, and education, are equal as citizens and individuals, but not identical in their rights and responsibilities. It can be observed from Islamic history that in the early age of Islam, women were given full confidence, trust, and high responsibilities in leadership, educational guidance, and decision-making.This volume will try to clarify the confusion in the status of the women in Islam that is presented by the media, as it is assumed that theoretical Islamic empowerment of women bears little relation to the real conditions of women in modern Muslim societies. It has been widely claimed in the media that Muslim women suffer more than men in Muslim societies and communities in terms of insecurity, domestic abuse, and low access to education and medical care. It is also stated in the press and media that absence of good governance also results in gender inequality and violation of the rights of Muslim women.This volume also aims to provide the solutions for the empowerment of women in the Islamic world. We assumed that without good governance, the status of women is not likely to improve. Muslim women have the potential to play a fundamental role in curbing corruption, social ills, violence, and crime in the Muslim world. This volume will make the case that in order to achieve stability and prosperity, the government must ensure a platform for women to participate in decision-making and hence benefit from the rights they are accorded in Islam.By covering a range of perspectives on the economic lives of Muslim women around the world, it hopes to shed light on the problems faced and to offer possible solutions to the empowerment of women in the Islamic world.




Shari‘a, Inshallah


Book Description

Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.




Believing Women in Islam


Book Description

Does Islam call for the oppression of women? Non-Muslims point to the subjugation of women that occurs in many Muslim countries, especially those that claim to be "Islamic," while many Muslims read the Qur’an in ways that seem to justify sexual oppression, inequality, and patriarchy. Taking a wholly different view, Asma Barlas develops a believer’s reading of the Qur’an that demonstrates the radically egalitarian and antipatriarchal nature of its teachings. Beginning with a historical analysis of religious authority and knowledge, Barlas shows how Muslims came to read inequality and patriarchy into the Qur’an to justify existing religious and social structures and demonstrates that the patriarchal meanings ascribed to the Qur’an are a function of who has read it, how, and in what contexts. She goes on to reread the Qur’an’s position on a variety of issues in order to argue that its teachings do not support patriarchy. To the contrary, Barlas convincingly asserts that the Qur’an affirms the complete equality of the sexes, thereby offering an opportunity to theorize radical sexual equality from within the framework of its teachings. This new view takes readers into the heart of Islamic teachings on women, gender, and patriarchy, allowing them to understand Islam through its most sacred scripture, rather than through Muslim cultural practices or Western media stereotypes. For this revised edition of Believing Women in Islam, Asma Barlas has written two new chapters—“Abraham’s Sacrifice in the Qur’an” and “Secular/Feminism and the Qur’an”—as well as a new preface, an extended discussion of the Qur’an’s “wife-beating” verse and of men’s presumed role as women’s guardians, and other updates throughout the book.




Sharia and Women's Rights in Afghanistan


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.




Women and Leadership in Islamic Law


Book Description

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. ‘Women and Leadership in Islamic Law’ examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.




Shari'ah on Trial


Book Description

In November of 1999, Nigerians took to the streets demanding the re-implementation of shari'ah law in their country. Two years later, many Nigerians supported the death sentence by stoning of a peasant woman for alleged sexual misconduct. Public outcry in the West was met with assurances to the Western public: stoning is not a part of Islam; stoning happens "only in Africa"; reports of stoning are exaggerated by Western sensationalism. However, none of these statements are true. Shari'ah on Trial goes beyond journalistic headlines and liberal pieties to give a powerful account of how Northern Nigerians reached a point of such desperation that they demanded the return of the strictest possible shari'ah law. Sarah Eltantawi analyzes changing conceptions of Islamic theology and practice as well as Muslim and British interactions dating back to the colonial period to explain the resurgence of shari'ah, with implications for Muslim-majority countries around the world.