Family law in contemporary Iran


Book Description

Passed into law over a decade before the Revolution, the Family Protection Law quickly drew the ire of the conservative clergy and the Ayatollah Khomeini in 1979. In fact, it was one of the first laws to be rescinded following the revolution. The law was hardly a surprising target, however, since women's status in Iran was then - and continues now to be - a central concern of Iranian political leaders, media commentators, and international observers alike. Taking up the issue of women's status in a modern context, Marianne Boe offers a nuanced view of how women's rights activists assert their rights within an Islamic context by weaving together religious and historical texts and narratives. Through Her substantial fieldwork and novel analysis, Boe undermines both the traditional view of 'Islamic Feminism' as monolithic and clears a path to a new understanding of the role of women's rights activists in shaping and synthesizing debates on the shari'a, women's rights and family law. As such, this book is essential for anyone studying family law and the role of women in contemporary Iran.




Women in the Middle East


Book Description

This book offers both theoretical perspectives and detailed examples which provide the analytical frameworks chosen by the Middle Eastern women themselves to explain the strategies they have chosen for liberation. The studies deal with Islam and its impact on personal and public lives of women in the region as well as their political struggles for liberation both internally and internationally.




Law of Desire


Book Description

As an Iranian Muslim woman and a granddaughter of a well-known ayatollah, Shahla Haeri was accepted into the communities where she conducted her fieldwork on mut'a, temporary marriage. Mut'a is legally sanctioned among the Twelver Shi'ites who live predominantly in Iran. Drawing on rich interviews that would have been denied a Western anthropologist, the author describes the concept of a temporary-marriage contract, in which a man and an unmarried woman (virgin, widow, or divorcee) decide how long they want to stay married to each other (from one hour to ninety-nine years) and how much money is to be given to the temporary wife. Since the Iranian revolution of 1979, the regime has conduction an intensive campaign to revitalize this form of marriage, and Shi'i ulama (religious scholars) support it as positive, self-affirming, and cognizant of human needs. Challenged by secularly educated urban Iranian women, and men and by the West, the ulama have been called upon to address themselves to the implications of this custom for modern Iranian society, to respond to the changes that mut'a is legally equivalent to hire or lease, that it is abusive of women, and that it is in fact legalized prostitution. Law if Desire thus makes available previously untapped and undocumented data about an institution in which sexuality, morality, religious rules, secular laws, and cultural practices converge. This important work will be of interest to cultural anthropologist, religious scholars, scholars of the Middle East, and lawyers as well as to those interested in the role of women in Islamic society.




Islamic Law and Governance in Contemporary Iran


Book Description

The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.




Islamic Family Law


Book Description

Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.




Reforming Family Law


Book Description

Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.




Marriage on Trial


Book Description

With the resurgence of Islam as a social and political force, debates over family law reveal the struggle between the forces of traditionalism and modernism. The disparate tendencies within so-called Islamic fundamentalism have in commmon the desire to re-institute Shari'a law, which they regard as the last bastion of the Islamic ideal of social relations. Yet very little is known of the ways in which the Shari'a actually operates in today's Muslim societies. Mir-Hosseini focuses on the dynamics of marriage and its breakdown, as well as the way in which litigants manipulate the law in order to resolve marital disputes and child custody cases. Taking an inter-disciplinaryand approach which straddles law, anthropology, sociology and women's studies, Mir-Hosseini shows how women may turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.




Family Law in Islam


Book Description

In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."




Feminist Advocacy, Family Law and Violence against Women


Book Description

Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.




Iranian Romance in the Digital Age


Book Description

Following the 1979 Islamic Revolution, there was a dramatic reversal of women's rights, and the state revived many premodern social conventions through modern means and institutions. Customs such as the enforced veiling of women, easy divorce for men, child marriage, and polygamy were robustly reintroduced and those who did not conform to societal strictures were severely punished. At the same time, new social and economic programs benefited the urban and rural poor, especially women, which had a direct impact on gender relations and the institution of marriage. Edited by Janet Afary and Jesilyn Faust, this interdisciplinary volume responds to the growing interest and need for literature on gender, marriage and family relations in the Islamic context. The book examines how the institution of marriage transformed in Iran, paying close attention to the country's culture and politics. Part One examines changes in urban marriages to new forms of cohabitation. In Part Two contributors, such as Soraya Tremayne, explore the way technology and social media has impacted and altered the institution of family. Part Three turns its eye to look at marital changes in the rural and tribal sectors of society through the works of anthropologists including Erika Friedl and Mary Hegland. Based on the work of both new and established scholars, the book provides an up-to-date study of an important and intensely politicized subject.