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Women's Rights and Islamic Family Law: Perspectives on Reform »

Book cover image of Women's Rights and Islamic Family Law: Perspectives on Reform by Lynn Welchman

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)

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Author Biography: Lynn Welchman

Lynn Welchman is Director of the Centre of Islamic and Middle Eastern Law at the School of Oriental and African Studies, University of London.

Book Synopsis

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.

Table of Contents

Introduction1
Pt. IMuslim personal status law in Egypt : the current situation and possibilities of reform through internal initiatives15
1Social context22
2Personal status law in Egypt : an historical overview30
3Understanding the law : Egyptian family and social attitudes (results of the field study)45
4Law no. 1 of 2000 : a new personal status law and a limited step on the path to reform58
5General conclusions87
Pt. IIIslamic law and the transition to Palestinian statehood : constraints and opportunities for legal reform95
6Legal context : shari'a courts and Muslim family law in the transitional period99
7Palestinian interim governance : state legitimation, legal reform and the shari'a112
8Attitudes towards legal reform of personal status law in Palestine125
9Agents for reform : the woman's movement, social politics and family law reform144
Pt. IIINo altars : a survey of Islamic family law in the United States177
10Islamic family law in American Muslim hands181
11The Muslim family in the USA : law in practice188
12Islamic family law in US courts199
13Future trends and predictions213
14Conclusion218
Pt. IVDomestic violence and shari'a : a comparative study of Muslim societies in the Middle East, Africa and Asia231
15Domestic violence and shari'a235

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