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2009 (3)

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Book
The status of women under Islamic law and modern Islamic legislation
Author:
ISBN: 9789004172739 9004172734 9786612400780 1282400789 9047426207 9789047426202 9781282400788 6612400781 Year: 2009 Publisher: Leiden : Brill,

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Abstract

This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation. There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law. The author has researched original Arabic and Islamic text books and reviewed legislation in the different Arab countries in order to present the most up-to-date information on the subject. It is hoped that this clear, objective account will dispel many of the commonly-held misconceptions about the status of Muslim women in the modern world. This book will provide an enlightenment and deeper understanding of the subject, not only for legal practitioners, but for all those concerned, or with an interest in the subject, particularly Muslim communities in non-Muslim countries, indeed non-Muslim women who may be, or indeed non-Muslim women who may be married to Muslims.

Contesting justice : women, Islam, law, and society
Author:
ISBN: 0791478572 1435641256 9781435641259 9780791473979 9780791478578 079147397X 9780791478578 9780791473986 0791473988 Year: 2009 Publisher: Albany : State University of New York Press,

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Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.


Book
Women, Islam and international law : within the context of the Convention on the Elimination of All Forms of Discrimination against Women
Author:
ISBN: 9789004171442 9004171444 9786612400384 128240038X 9047424751 9789047424758 Year: 2009 Publisher: Leiden : Martinus Nijhoff Publishers,

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Abstract

Islam and women’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 women’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 States’ participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and women’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.

Keywords

Women (Islamic law) --- Civil rights (Islamic law) --- Women's rights. --- Femmes --- Droits de l'homme (Droit islamique) --- Droit islamique --- Droits --- Convention on the Elimination of All Forms of Discrimination against Women --- Islamic law --- Women --- Rights of women --- Women's rights --- Human rights --- Legal status, laws, etc. (Islamic law) --- Civil rights --- Law and legislation --- Legal status, laws, etc. --- CEDAW --- CEDAW Kanabhenaśana --- Convenção sobre a Eliminação de Todas as Formas de Discriminação Contra a Mulher --- Convención sobre la eliminación de todas las formas de discriminación contra la mujer --- Convention sur l'élimination de toutes les formes de discrimination à l'égard des femmes --- Da Ṣhażo pah Wṛānde da Ṭolo Tawpīrūno dalah Minżah Wṛalo Taṛūn --- Fifanarahana Iraisam-Pirenena Momba ny Fanafoanana ny Endri-Panavakavahana Rehatra Miantraika Amin'ny Vehivavy --- Ittifāqīyah al-Dawlīyah li-Manʻ al-Tamyīz Didda al-Marʼah --- Ittifāqīyat al-Qaḍāʼ ʻalá Jamīʻ Ashkāl al-Tamyīz Ḍidda al-Marʼah --- Josei sabetsu teppai jōyakuto --- Joshi ni taisuru arayuru keitai no sabetsu no teppai ni kansuru jōyaku --- Joshi sabetsu teppai jōyaku --- Kaikkinaisen naisten syrjinnän poistamista koskeva yleissopimus --- Konvencija o odpravi vseh oblik diskriminacije žensk --- Konvensi PBB Tentang Penghapusan Diskriminasi Terhadap Wanita --- Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan --- Konvensi Wanita --- Konvention om avskaffande av all slags Diskriminering av Kvinnor --- Konvent︠s︡ii︠a︡ o likvidat︠s︡ii vsekh form diskriminat︠s︡ii v otnoshenii zhenshchin --- Kunvānsiyūn-i rafʻ-i har gūnah-i tabʻīz̤ ʻalayh-i zanān --- Kunvānsiyūn-i rafʻ-i kullīyah-i tabʻīz̤āt ʻalayh-i zanān --- Mahilā Upara Hune Savai Prakāraka Bhedabhāva Nirmūlana Sambandhī Mahāsandhī --- Nārīra prati Birājamāna Sakala Prakāla Baishamya Bilopa Sananda --- Siḍao Kanabhenaśana --- Siḍao Sananda --- UN Convention on the Elimination of All Forms of Discrimination Against Women --- United Nations Convention on the Elimination of All Forms of Discrimination against Women

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