Women In Classical Islamic Law
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Author | : Susan Ann Spectorsky |
Publisher | : BRILL |
Total Pages | : 235 |
Release | : 2010 |
Genre | : Social Science |
ISBN | : 9004174354 |
Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.
Author | : David Solomon Jalajel |
Publisher | : Routledge |
Total Pages | : 476 |
Release | : 2016-11-10 |
Genre | : Religion |
ISBN | : 1317302737 |
Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. ‘Women and Leadership in Islamic Law’ examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.
Author | : Mona Samadi |
Publisher | : BRILL |
Total Pages | : 234 |
Release | : 2021-05-25 |
Genre | : Law |
ISBN | : 9004446958 |
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Author | : Marion Holmes Katz |
Publisher | : Columbia University Press |
Total Pages | : 202 |
Release | : 2022-10-25 |
Genre | : Law |
ISBN | : 0231556705 |
It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.
Author | : Abdur Rahman I. Doi |
Publisher | : |
Total Pages | : 236 |
Release | : 1990 |
Genre | : Law |
ISBN | : |
Author | : M. Cook |
Publisher | : Springer |
Total Pages | : 328 |
Release | : 2013-01-06 |
Genre | : Social Science |
ISBN | : 1137078952 |
Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.
Author | : Ahmed E. Souaiaia |
Publisher | : State University of New York Press |
Total Pages | : 214 |
Release | : 2010-03-10 |
Genre | : Religion |
ISBN | : 0791478572 |
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.
Author | : Abdur Rahman I. Doi |
Publisher | : |
Total Pages | : 212 |
Release | : 1989 |
Genre | : Domestic relations (Islamic law) |
ISBN | : |
Author | : Vaḥīduddīn K̲h̲ān̲ |
Publisher | : goodword |
Total Pages | : 252 |
Release | : 2000 |
Genre | : Women |
ISBN | : 8187570318 |
The book tries to clear the notion that to interpret the Islamic concept of woman as, degradation of woman is to distort the actual issue. Islam has never asserted that woman is inferior to man: it has only made the point that woman is differently constituted. The prophet used a parable to explain the delicacy of women s nature, pointing out that they should be treated in accordance with their nature. Their delicate emotional constitution should always be borne in mind.
Author | : Asma Sayeed |
Publisher | : Cambridge University Press |
Total Pages | : 233 |
Release | : 2013-08-06 |
Genre | : History |
ISBN | : 1107355370 |
Asma Sayeed's book explores the history of women as religious scholars from the first decades of Islam through the early Ottoman period. Focusing on women's engagement with hadīth, this book analyzes dramatic chronological patterns in women's hadīth participation in terms of developments in Muslim social, intellectual and legal history. It challenges two opposing views: that Muslim women have been historically marginalized in religious education, and alternately that they have been consistently empowered thanks to early role models such as 'Ā'isha bint Abī Bakr, the wife of the Prophet Muhammad. This book is a must-read for those interested in the history of Muslim women as well as in debates about their rights in the modern world. The intersections of this history with topics in Muslim education, the development of Sunnī orthodoxies, Islamic law and hadīth studies make this work an important contribution to Muslim social and intellectual history of the early and classical eras.