Overview

How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. This groundbreaking work explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. It examines the different interpretations, histories and practices of Islamic law in different countries. It finds that the political independence of judicial institutions is a far more important factor than the relative conservativism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies.

Full Product Details

Author:   Christina Jones-Pauly ,  Abir Dajani Tuqan
Publisher:   Bloomsbury Publishing PLC
Imprint:   I.B. Tauris
Volume:   v. 3
Dimensions:   Width: 15.60cm , Height: 5.10cm , Length: 23.40cm
Weight:   1.007kg
ISBN:  

9781845113865

ISBN 10:   1845113861
Pages:   560
Publication Date:   29 April 2011
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Foreword by The Rt. Hon. Lord Justice Thorpe Acknowledgements Introduction 1 TUNISIA - THE IDEAL ISLAMIC REFORM Introduction Historical roots Modernity Modern intellectual reformers of Islamic law - Taalbi Abusive practices against women: dar jawad (house of discipline) Tahar Haddad - successor to Taalbi Pre-Independence and reform of Sharia Independence - equality before the law Population law Infanticide Fundamentalism 2 EGYPT - CONSERVATIVE INCREMENTAL REFORM Introduction Arabization and Islamization of Egypt and class stratification The modern state - arrival of the Europeans Reform movements in the 19th century on women's rights Religious reformers: Muhammad Abduh Reform movements: Salafiyya, Rashid Rida Secular reform movements: Haykal Islam and the state Court systems Political background since 1952 Efforts to codify and reform the law of personal status Reforming the wife's right to divorce - Law No. 1 of 2000 Women's Council Female circumcision Conclusions 3 PAKISTAN - ORTHODOX MODERNITY Historical background The start of Independence A Muslim ruler/state - in need of an Islamic law? The 1973 Constitution - basis of applying Islamic law Judicial review of Islamic laws Judicial review of the Offence of Zina Ordinance May a husband kill a wife or her partner for adultery? Is an honour murder because of zina permissible under any circumstances? Reforming Pakistani Islamic criminalization of laws: honour killings and zina Conclusions Postscript on the Protection of Women Act 2006 4 SOUTH AFRICA - CONSTITUTIONAL CHALLENGESFOR ISLAMIC LAW Introduction A brief history of the Muslim Malay community Islamic law in South African jurisprudence - the 'Malay' Cape community The Muslim Asian Indian community The apartheid era and Islamic marriages Summary of South African jurisprudence on the application of Islamic law Judicial recognition of Muslim marriages in post-apartheid South Africa Extra-judicial practices in South African Muslim communities Extra-judicial interpretations in the Asian Muslim communities of Islamic marriage and divorce law Inheritance inequality and the South African Constitution - a comparative view Approaching Islamic succession/inheritance law in a new light Theological and power disputes within the Muslim communities Religious sects Islamic dispute settlement - extra-judicial conflict resolution in the Muslim communities Considerations for statutory recognition of Muslim marriages Conclusions 5 CONCLUSIONS Notes Bibliography Index

Reviews

'A unique comparative study of women in Sharia, spanning four key countries in the Muslim world. The book is unprecedented, showing how culture, history, tradition, praxis and politics shape Sharia. It is written in the best tradition of ijtihad, the methodology for adapting Sharia to changing realities. It is a must read for human rightists and politicians alike.' - Helena Kennedy, QC, Baroness Kennedy of The Shaws, Human Rights Activist; 'I believe the impressive scholastic endeavour which this book represents will prove to have made a significant contribution to a better understanding, both internationally and inter-faith, of the source and development of some of the sensitive issues relating to the status of women in Islam. I commend it as a challenging but rewarding read.' - Sir Robert Johnson, former Judge in the Family Division of the High Court of England and Wales and former Chairman of the Bar of England and Wales

Author Information

Christina Jones-Pauly is an independent consultant on women and governance for various international agencies. She holds a Dr Phil in Comparative and Islamic Laws (London) and a Dr Jur in international law (Harvard). She was Human Rights Fellow at the Radcliffe Institute for Advanced Study, Harvard University, taught Islamic Law at Harvard Law School, and was Associated Researcher at the Socio-Legal Studies Centre, Oxford University. Before this she headed the Human Rights and Development Unit at the University of Bonn. She has worked on numerous human rights projects for the UN. Abir Dajani Tuqan studied Islamic Law at SOAS, and is the first Arab woman to pass the Bar in Britain (Middle Temple), with First Class Honours in Islamic Law. She has spoken at various international conferences and in the media on Islamic family law.

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