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Author: Ahmad Natour Publisher: Rowman & Littlefield ISBN: 1793640971 Category : Law Languages : en Pages : 223
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: Ahmad Natour Publisher: Rowman & Littlefield ISBN: 1793640971 Category : Law Languages : en Pages : 223
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: Jocelyne Cesari Publisher: Oxford University Press ISBN: 0191092878 Category : Religion Languages : en Pages : 340
Book Description
The relationship between secularism, democracy, religion, and gender equality has been a complex one across Western democracies and still remains contested. When we turn to Muslim countries, the situation is even more multifaceted. In the views of many western commentators, the question of Women Rights is the litmus test for Muslim societies in the age of democracy and liberalism. Especially since the Arab Awakening, the issue is usually framed as the opposition between liberal advocates of secular democracy and religious opponents of women's full equality. Islam, Gender, and Democracy in Comparative Perspective critically re-engages this too simple binary opposition by reframing the debate around Islam and women's rights within a broader comparative literature. Bringing together leading scholars from a range of disciplines, it examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part One addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part Two localizes the implementation of this nexus between law, gender, and democracy and provides contextualized responses to questions raised in Part One. The contributors explore the situation of Muslim women's rights in minority conditions to shed light on the gender politics in the modernization of the nation and to ponder on the role of Islam in gender inequality across different Muslim countries.
Author: Yüksel Sezgin Publisher: Cambridge University Press ISBN: 110743565X Category : Political Science Languages : en Pages : 323
Book Description
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.
Author: Irene Schneider Publisher: BRILL ISBN: 9004442316 Category : Social Science Languages : en Pages : 404
Book Description
By analyzing “law in the making” between 2012 and 2018 and focusing on the conceptualization of gender, the book strives to determine why there is to date no family law in Palestine despite controversial public debates.
Author: Sanja Kelly Publisher: Rowman & Littlefield Publishers ISBN: 1442203978 Category : Political Science Languages : en Pages : 606
Book Description
Freedom HouseOs innovative publication WomenOs Rights in the Middle East and North Africa: Progress Amid Resistance analyzes the status of women in the region, with a special focus on the gains and setbacks for womenOs rights since the first edition was released in 2005. The study presents a comparative evaluation of conditions for women in 17 countries and one territory: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine (Palestinian Authority and Israeli-Occupied Territories), Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. The publication identifies the causes and consequences of gender inequality in the Middle East, and provides concrete recommendations for national and international policymakers and implementers. Freedom House is an independent nongovernmental organization that supports democratic change, monitors freedom, and advocates for democracy and human rights. The project has been embraced as a resource not only by international players like the United Nations and the World Bank, but also by regional womenOs rights organizations, individual activists, scholars, and governments worldwide. WomenOs rights in each country are assessed in five key areas: (1) Nondiscrimination and Access to Justice; (2) Autonomy, Security, and Freedom of the Person; (3) Economic Rights and Equal Opportunity; (4) Political Rights and Civic Voice; and (5) Social and Cultural Rights. The methodology is based on the Universal Declaration of Human Rights, and the study results are presented through a set of numerical scores and analytical narrative reports.
Author: Hilary Lim Publisher: Zed Books Ltd. ISBN: 1848137206 Category : Law Languages : en Pages : 247
Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Elana Maryles Sztokman Publisher: Sourcebooks, Inc. ISBN: 1402288867 Category : Political Science Languages : en Pages : 377
Book Description
THIS EYE-OPENING LOOK AT THE RISING OPPRESSION OF ISRAELI WOMEN OFFERS A RALLYING CRY FOR HOW WOMEN EVERYWHERE CAN FIGHT BACK. ACROSS ISRAEL—one of the world's most democratic countries—women are being threatened and abused as ultra-Orthodox Jewish factions seek to suppress them. In this stunning exposé, award-winning author and leading Jewish women's activist Elana Sztokman reveals the struggles of Israeli women against this increasing oppression, from segregation on public buses—in a move Hillary Clinton called "reminiscent of Rosa Parks"—to being silenced in schools and erased from newspapers and ads. This alarming patriarchal backlash isn't limited to Israel either: its repercussions endanger the rights and freedoms of women from Afghanistan to America. But there's hope as well: courageous feminist activists within the Orthodox world are starting to demand systemic change on these fronts, and, with some support from non-Orthodox advocates, they're creating positive reforms that could help women everywhere. Blending interviews with original investigative research and historical context, Sztokman traces the evolution of this struggle against oppression and proposes solutions for creating a different, more egalitarian vision of religious culture and opportunity in Israeli society and around the world. Fearless and inspiring, The War on Women in Israel brings to light a major social and international issue and offers a rousing call to action to stop the repression of women in Israel and worldwide.
Author: Ahmad Natour
Author: Ahmad Natour
Author: Jocelyne Cesari
Author: Yüksel Sezgin
Author: Irene Schneider
Author: Anna Marotta
Author: Sanja Kelly
Author: Hilary Lim
Author: Elana Maryles Sztokman
Author: Gerald James Larson
Author: Syed Abul ʻAla Maudoodi