Women and Muslim Family Laws in Arab States : A Comparative Overview of Textual Development and Advocacy

Welchman, Lynn

doi:10.5117/9789053569740

Cited by 80 publications

(51 citation statements)

References 20 publications

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“…A succinct analysis of family law on marriage and divorce can be found in Hallaq (2009: 271-86). On the debates in Egypt around family law reform, see Fawzy (2004), and an extensive study of family laws across Arab states is in Welchman (2007); see also Esposito (1982). I examine the Indonesian debates and changes in Bowen (2003).…”

Section: Marriage and Divorcementioning

confidence: 99%

Gender, Islam, and law

Bowen¹

2017

WIDER Working Paper

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Standard-Nutzungsbedingungen:Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Zwecken und zum Privatgebrauch gespeichert und kopiert werden.Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich machen, vertreiben oder anderweitig nutzen.Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, gelten abweichend von diesen Nutzungsbedingungen die in der dort genannten Lizenz gewährten Nutzungsrechte.Abstract: This paper considers arguments about Islam and women's welfare, and, at greater length, how legal systems with Islamic elements treat women, with a focus on how women fare in Islamic family courts. Key methodological issues include how to focus on real-world views and practices rather than only texts, disentangle the effects of patriarchal regional cultures from the effects of Islamic law, and compare the gendered effects of Islamic court practices with the most probable local alternatives. We look in greater detail at three countries-Tunisia, Indonesia, and Iran-to detect probable mechanisms shaping women's access to divorce and to property.

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Section: Marriage and Divorcementioning

confidence: 99%

Gender, Islam, and law

Bowen¹

2017

WIDER Working Paper

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“…In this case substantive religious law undergoes a state legislative process which necessarily involves some process of selection and interpretation and often entails modification of religious rules. This type of codification has taken place with respect to Muslim family law in most Arab countries (Welchman, 2007). 147-51), but retained traditional extensive restrictions on marriage based on familial relations (Article 5).…”

Section: Structure Of Personal Laws: Religious Autonomy or State Codimentioning

confidence: 99%

Personal family law systems – a comparative and international human rights analysis

Tagari

2012

International Journal of Law in Context

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This article analyses the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, and explores the varied ways in which they implicate the human rights of those governed by these systems, and the way international law and jurisprudence of human rights respond to these challenges. This analysis suggests that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not received sufficient attention in mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts.

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“…The reconstructed versions of Islamic law that emerged in state courts, community courts, and the imaginations of scholars and activists in the Arab world, Iran, Indonesia, and Malaysia have especially attracted scholarly attention (Bowen 2003;Feener and Cammack 2007;Mir-Hosseini 2000;Peletz 2002;Stowasser 1994;Welchman 2007). The reconstructed versions of Islamic law that emerged in state courts, community courts, and the imaginations of scholars and activists in the Arab world, Iran, Indonesia, and Malaysia have especially attracted scholarly attention (Bowen 2003;Feener and Cammack 2007;Mir-Hosseini 2000;Peletz 2002;Stowasser 1994;Welchman 2007).…”

Section: Modernity State Formation and Family Lawmentioning

confidence: 99%

Making Family and Nation: Hindu Marriage Law in Early Postcolonial India

Subramanian¹

2010

J of Asian Stud

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Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.

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Women and Muslim Family Laws in Arab States : A Comparative Overview of Textual Development and Advocacy

Abstract: am s terdam universit y pressCover design and lay-out: De Kreeft, Amsterdam

Cited by 80 publications

References 20 publications

Gender, Islam, and law

Gender, Islam, and law

Personal family law systems – a comparative and international human rights analysis

Making Family and Nation: Hindu Marriage Law in Early Postcolonial India

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