Authors: Lynn Welchman (Editor), C. A. Tisdell
ISBN-13: 9781842770955, ISBN-10: 1842770950
Format: Paperback
Publisher: Zed Books
Date Published: September 2004
Edition: (Non-applicable)
Lynn Welchman is Director of the Centre of Islamic and Middle Eastern Law at the School of Oriental and African Studies, University of London.
This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women. Three contrasting country cases have been selected: Egypt, the most populous Arab state with a constitutional clause on the place of "principles of the shari`a" as the principal source of legislation; the West Bank and Gaza, family law here being a contested site between different visions of national identity in the process of trying to build a Palestinian state; and the United States, where some in the minority Muslim communities seek to regulate their family relations in accordance with "principles of the shari`a" within the context of a non-Muslim state applying civil law requirements to all family matters. A concluding study ranges further afield in order to explore the challenges and potential of "principles of shari`a" in advocacy on the question of violence against women.
Introduction | 1 | |
Pt. I | Muslim personal status law in Egypt : the current situation and possibilities of reform through internal initiatives | 15 |
1 | Social context | 22 |
2 | Personal status law in Egypt : an historical overview | 30 |
3 | Understanding the law : Egyptian family and social attitudes (results of the field study) | 45 |
4 | Law no. 1 of 2000 : a new personal status law and a limited step on the path to reform | 58 |
5 | General conclusions | 87 |
Pt. II | Islamic law and the transition to Palestinian statehood : constraints and opportunities for legal reform | 95 |
6 | Legal context : shari'a courts and Muslim family law in the transitional period | 99 |
7 | Palestinian interim governance : state legitimation, legal reform and the shari'a | 112 |
8 | Attitudes towards legal reform of personal status law in Palestine | 125 |
9 | Agents for reform : the woman's movement, social politics and family law reform | 144 |
Pt. III | No altars : a survey of Islamic family law in the United States | 177 |
10 | Islamic family law in American Muslim hands | 181 |
11 | The Muslim family in the USA : law in practice | 188 |
12 | Islamic family law in US courts | 199 |
13 | Future trends and predictions | 213 |
14 | Conclusion | 218 |
Pt. IV | Domestic violence and shari'a : a comparative study of Muslim societies in the Middle East, Africa and Asia | 231 |
15 | Domestic violence and shari'a | 235 |