Women, Family, and Gender in Islamic Law » (New Edition)

JUDITH E. TUCKER is Professor of History in the Department of History and Center for Contemporary Arab Studies at Georgetown University, Washington, DC. Her previous publications include Women in Nineteenth Century Egypt (1985) and In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine (1998).

An exploration of Islamic law from the perspective of women and gender.

Maps

1 Introduction 1

Law, women, and gender 2

Islamic law 11

Islamic law and gender 24

2 Woman as wife and man as husband: making the marital bargain 38

Islamic marriage: the legal tradition 41

Islamic marriage: pre-twentieth-century practices 59

Reform and marriage 65

Recent developments 77

Conclusion 82

3 Woman and man as divorced: asserting rights 84

Islamic divorce: the legal tradition 86

Islamic divorce: pre-twentieth-century practices 104

Reform and divorce 111

Recent developments 124

Conclusion 130

4 Woman and man as legal subjects: managing and testifying 133

Legal capacity and the Islamic juridical tradition 135

The pre-twentieth-century legal subject 149

Reform and the legal subject 159

Recent developments 160

Conclusion 172

5 Woman and man in gendered space: submitting 175

Space, sexuality, and the Islamic juridical tradition 177

The regulation of space and sexuality prior to the twentieth century 191

Reform, space, and sexuality 200

Recent developments 206

Conclusion 215

6 Conclusion 218

Glossary 226

Bibliography 232

Suggestions for further reading 244

Index 247