Womens Shariah Court Muslim Womens Quest For Justice
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Author | : Dr. Noorjehan Safia Niaz |
Publisher | : Notion Press |
Total Pages | : 318 |
Release | : 2016-08-03 |
Genre | : Law |
ISBN | : 1945688807 |
Would it be easy to imagine a court where justice is dispensed not by women and men wearing black flowing gowns but by ordinarily dressed, uneducated women? Muslim women living in slum communities of Mumbai took upon themselves the job of providing legal aid to other distressed women. Need for justice is as crucial as other needs, especially for women who face marginalization on a large scale. This book looks closely at the genesis of these groups, their history, their interventions, their motivations and their contributions to women’s movement. The book suggests recommendations for strengthening alternative dispute resolution forums where justice will be dispensed not by learned lawyers but by ordinarily dressed unlettered women. These women, through their innate sense of justice reaches out passionately towards other equally battered women and together they journey towards a life of dignity.
Author | : S. Bano |
Publisher | : Springer |
Total Pages | : 354 |
Release | : 2012-11-14 |
Genre | : Political Science |
ISBN | : 1137283858 |
Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
Author | : Amira El-Azhary Sonbol |
Publisher | : Syracuse University Press |
Total Pages | : 384 |
Release | : 1996-06-01 |
Genre | : Social Science |
ISBN | : 9780815626886 |
The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.
Author | : Ziba Mir-Hosseini |
Publisher | : Bloomsbury Publishing |
Total Pages | : 209 |
Release | : 2006-05-26 |
Genre | : Political Science |
ISBN | : 0857713752 |
In today's world all eyes are on Iran, which has grappled with an experiment that has had a massive global impact. For some, the Iranian Revolution of 1978-79 was the triumph of a modern, political Islam, heralding Muslim justice and economic prosperity. Others, including many of the original revolutionaries, saw religious fanatics attempting to roll back time by creating a despotic theocracy. Either way, the Iranian Revolution changed the Muslim world. It not only inspired the Muslim masses but also reinvigorated intellectual debates on the nature and possibilities of an Islamic state. The new 'Islamic Republic of Iran' combined not just religion and the state, but theocracy and democracy. Yet the revolution's heirs were soon engaged in a protracted struggle over its legacy. Dissident thinkers, from within an Islamic framework, sought a rights-based political order that could accept dissent, tolerance, pluralism, women's rights and civil liberties. Their ideas led directly to the presidency of Mohammad Khatami and, despite their political failure, they did leave a permanent legacy by demystifying Iranian religious politics, and condemning the use of the Shariah to justify autocratic rule. This book tells the story of the reformist movement through the world of Hasan Yousefi Eshkevari. An active supporter of the revolution who became one of the most outspoken critics of theocracy, Eshkevari developed ideas of 'Islamic democratic government', which have attracted considerable attention in Iran and elsewhere. In presenting a selection of Eshkevari's writings, this book reveals the intellectual and political trajectory of a Muslim thinker and his attempts to reconcile Islam with reform and democracy. As such it makes a highly original contribution to our understanding of the difficult social and political issues confronting the Islamic world today.
Author | : Lawrence Rosen |
Publisher | : University of Chicago Press |
Total Pages | : 293 |
Release | : 2018-03-13 |
Genre | : Law |
ISBN | : 022651174X |
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Author | : Sahar Maranlou |
Publisher | : Cambridge University Press |
Total Pages | : 277 |
Release | : 2015 |
Genre | : Law |
ISBN | : 1107072603 |
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Author | : Zakia Soman, Dr. Noorjehan Safia Niaz |
Publisher | : Notion Press |
Total Pages | : 524 |
Release | : 2020-07-29 |
Genre | : Law |
ISBN | : 1649199872 |
This collection of essays and articles captures the beginning of the Muslim women’s movement in India in the last two decades. Written at different points during the journey, these pieces provide a glimpse into the collective tumultuous journey of women demanding reform in Muslim family law in India and for equal citizenship without discrimination. This journey was undertaken by ordinary women under their own leadership. This collection highlights the challenges faced by women. It also celebrates successes such as the organization of women into groups, abolition of triple talaq and women’s entry into the mazar of Haji Ali Dargah. This book is a collection of articles written by authors, individually and jointly in various newspapers, magazines, journals and other publications. It challenges the misogynist regressive norms for women in family set by patriarchal religious groups. It calls for state accountability in providing safety, security and equality to Muslim citizens. Based on experiences and insights from grounded struggle of ordinary women, these essays give hope and provide strength in addressing discrimination through shared vision and collective democratic action. It calls out the failure of conservative religious leadership as well as elected representatives in providing an enabling environment to the community and particularly, women. It calls out certain feminists for their dual standards and for unsuccessful attempts to weaken the movement for reform in family law led by ordinary Muslim women.
Author | : Mengia Hong Tschalaer |
Publisher | : Cambridge University Press |
Total Pages | : 278 |
Release | : 2017-07-04 |
Genre | : Law |
ISBN | : 1108225721 |
This book is an urban ethnographic study of several Muslim women's organisations in northern India. These organisations work to carve out spaces that allow for the articulation of alternative experiences and conceptions of religion and justice that challenge Islamic orthodoxy as well as the monopoly of the Indian state in the domain of family law. While most analyses on reform efforts within Muslim family law in India have focused on women's protection within the state legal system, this book offers the rare opportunity to understand how organised groups of Muslim women's rights activists contest marginalising forces present in the family and criminal courts, Shariat courts, local mosques, workplace, legislature and legal documents. It pushes against troubling assumptions that Islam is incompatible with ideas of women's rights and that the State is the only dispenser of justice, and offers new directions for studies on the dispersed nature of women's identities in Islamic family law.
Author | : Hilal Ahmed |
Publisher | : Taylor & Francis |
Total Pages | : 191 |
Release | : 2022-04-28 |
Genre | : Law |
ISBN | : 1000573192 |
This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.
Author | : Zainah Anwar |
Publisher | : |
Total Pages | : 280 |
Release | : 2009 |
Genre | : Domestic relations (Islamic law) |
ISBN | : |