Dissertations / Theses: 'Muslim women (Islamic law)'

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Deutsch, Karin Anne. "Muslim women in colonial North India circa 1920-1947 : politics, law and community identity." Thesis, University of Cambridge, 1998. https://www.repository.cam.ac.uk/handle/1810/229605.

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This dissertation explores the relationship between gender and Muslim community identity in late colonial India. It pursues two broad themes. The first of these is the way in which gender issues were used symbolically by Muslim religious and political leaders to give substance to a community identity based largely on religious and cultural ideals in the three decades prior to independence. The second is the activities of elite Muslim women in social reform organisations and their entry into politics. Most of the recent literature on the development of a distinct Muslim identity during this period focuses entirely on politics and thus on relatively short-term factors leading to Partition. However, gender makes us look again at the longer term, especially the way in which it gave substance to the imagining of an all- India Muslim identity. I examine the various constructions and stereotypes of the Muslim woman and the ways in which she was seen as being in need of special protection in the political sphere while being in an advantageous position with regard to Muslim personal law. Of particular importance here are the discourse on purdah, which had become communalised during this period even as purdah practices were changing, and the ways in which Islamic law became considered as a 'sacred site' for Muslims in the late colonial period. I argue that the focus on gender issues by certain political and religious leaders was a 'universalising' factor: while it was difficult to portray all Indian Muslims as constituting a definitive and united group, all Indian Muslim women could be depicted as being alike, with the same interests and problems. These tendencies were strengthened by the Indian Muslim awareness of a wider Muslim community. In terms of practice, I examine women's entry into the political sphere, as well as their relationship with national women's organisations. I show that women were not passive onlookers to the debates on gender, but contributed to them, although their interest was more on improving women's rights than on formulating community identities. The dissertation examines women's conflicting identities as women and as Muslims, particularly as the initial unity among women on social reform issues was eroded due to communal antagonism in the realm of politics. The focus of the dissertation will be on the public sphere, which is where one can best examine the interactions between men and women, Hindus and Muslims, and Indian and British representatives. Given the diversity of the Indian Muslim experience, I concentrate on and give examples primarily from the United Provinces, but owing to wider connections between women I also look at other north Indian examples.

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Moolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.

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Magister Legum - LLM
It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .

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Huq, Naima. "Women's right to divorce in rural Bangladesh." Thesis, University of East London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282753.

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Pettersson, Maria. "Whose Islam is the right Islam? :." Lund, Sweden : Department of Economic History at Lund University, 2002. http://www.ekh.lu.se/publ/mfs/6.pdf.

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Moosa, Najma. "A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman." University of Western Cape, 1991. http://hdl.handle.net/11394/7497.

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Magister Legum - LLM
As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. This has prompted me to do some research into the history of Islamic law, the spreading of Islamic law over large parts of the world and the question of the recognition and application of Islamic law in South Africa. The central theme of this study is the Islamic law of succession in so far as it affects women. Chapter One of my dissertation contains a brief historical background which outlines on the one hand, the nomadic society, women and succession in pre-Islamic Arabia and on the other, their improved position upon the advent of Islam {seventh century) . It ends with the historical background of Muslims in South Africa. Chapter Two is devoted to the marriage property background against which both the South African and Islamic law of succession operate. Thereafter, in Chapter Three, the South African law and Islamic law (substantive rules} of succession are compared. These include both intestate and testamentary succession, the latter being limited on the Islamic side. Chapter Four, with the backgrounds sketched in Chapters Two and Three, demonstrates the visible internal conflicts between the Islamic and South African law of marriage and succession as encountered in South African practice. After evaluating statistics and alternative solutions in this regard, and having arrived at certain conclusions, I propose that recommendations about the possible recognition and application of Muslim Personal Law in South Africa which is at present enjoying the attention of the South African Law Commission in Project 59 should see fruition and be implemented as it can only assist the society in closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society. which we live since it is a vital aspect affecting our daily lives {and deaths!). Chapter Five covers the whole aspect of the Muslim testator or testatrix' s limited "freedom" of testation and reforms by certain forerunner countries in this regard which on closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society.

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Altinoz, Vuslat Devrim. "The Ottoman Women's Movement: Women's Press, Journals, Magazines and Newspapers from 1875 to 1923." Oxford, Ohio : Miami University, 2003. http://www.ohiolink.edu/etd/view.cgi?miami1060799831.

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Triggiano, Daniela. "Muslim women and families between law of God and secular law: Italian and European debate." Doctoral thesis, Universita degli studi di Salerno, 2011. http://hdl.handle.net/10556/1525.

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2009 - 2010
My work is stuctured in four closely related parts. In the the first one, titled Religion and Modernity, I dwell on the importance of religious phenomenon for the sociology that since its origins has had a strong interest for religion, its meaning and its rule in the modern societies. Subsequently I focus on cultural pluralism of our contemporary societies, in particular on religious one. I upfront aim to stress that cohabitation of different cultural groups in the same country is a relatively new issue. Cultural differences are today more evident compared with the past and they are subject of claims of recognition that States have difficulty to give legitimacy. Similarly the cohabitation of different religious groups is not an exclusive mark of our contemporary societies. However religious pluralism that characterizes our contemporary societies is a very dynamic and complex process: new religious movements originated from USA, Japan, and India spread beside traditional religions followed in Europe. The research of new strategies by manage the new form of social and cultural pluralism, that aim to guarantee the participation of different cultural groups in the public sphere and the recognition of particular legal autonomy in these social areas that are crucial in the process of definition and preservation of cultural identity, is the subject of the lively debate on multiculturalism. So in this part I reconstruct the secularization theory on which liberal model is based, the different perspective of multiculturalism debate and I focus on the de-secularization theories elaborated by authoritative scholars as Jurgen Habermas, Peter Berger and Josè Casanova. My aim is to stress that we have to revisit the traditional and liberal model of separation of religious sphere and secular one... [edited by Author]
IX n.s.

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Narain, Vrinda. "Anxiety and amnesia : Muslim women's equality in postcolonial India." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102240.

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In this thesis, I focus on the relationship between gender and nation in post-colonial India, through the lens of Muslim women, who are located on the margins of both religious community and nation. The contradictory embrace of a composite national identity with an ascriptive religious identity, has had critical consequences for Muslim women, to whom the state has simultaneously granted and denied equal citizenship. The impact is felt primarily in the continuing disadvantage of women through the denial of gender equality within the family. The state's regulation of gender roles and family relationships in the 'private sphere', inevitably has determined women's status as citizens in the public sphere.
In this context, the notion of citizenship becomes a focus of any exploration of the legal status of Muslim women. I explore the idea of citizenship as a space of subaltern secularism that opens up the possibility for Indian women of all faiths, to reclaim a selfhood, free from essentialist definitions of gender interests and prescripted identities. I evaluate the realm of constitutional law as a counter-hegemonic discourse that can challenge existing power structures. Finally, I argue for the need to acknowledge the hybridity of culture and the modernity of tradition, to emphasise the integration of the colonial past with the postcolonial present. Such an understanding is critical to the feminist emancipatory project as it reveals the manner in which oppositional categories of public/private, true Muslim woman/feminist, Muslim/Other, Western/Indian, and modern/traditional, have been used to deny women equal rights.

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Bano, Samia. "Complexity, difference and 'Muslim Personal law' : rethinking the relationship between Shariah Councils and South Asian Muslim women in Britain." Thesis, University of Warwick, 2004. http://wrap.warwick.ac.uk/1205/.

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At the outset of the twenty-first century and despite the challenges presented by the global networks and communities, conceptions of culture, religion and rights in the West remain firmly situated within the moral frameworks of western universalism and cultural relativism. Indeed it seems that the uncertainties of local and global conditions have only served to entrench cultural and religious diversity as fixed, bounded and uncontested. A striking feature of this development in the West has been the rigid adoption of liberal multiculturalism to accommodate the emergence and settlement of diasporic minority ethnic communities into mainstream society. More recently, the specific cultural practices that can lead to intra-family inequalities for women from minority ethnic communities as generated much discussion in political and social theory. While much of this literature has contributed to our understanding on the relationship between gender equality, justice and the limits of liberal multiculturalism, it also seems that the fluid and contradictory understanding of identities has been lost and replaced by the acceptance of culture as essentialized and homogeneous. In this context we have also witnessed the emergence of a 'culture of rights' and the 'politics of recognition' under the framework of human rights. Yet in the process the contestation over 'meanings' and the intermeshing and complexity of cultural and religious practices have in essence been lost, only to be replaced by static and fixed definitions of culture, religion, identity and community. It is within this context of liberal multiculturalism that we have seen the emergence and development of unofficial non-statutory bodies identified as Shariah Councils in Britain. Framed as sites upon which family law matters are resolved according to Muslim family law they have developed frameworks that are characterized by specific cultural and religious norms and values. This mobilisation of communities challenges the hegemonic power of state law and unsettles the multicultural project in its attempt to reconfigure social and legal discourse in matters of Family Law. Most interestingly, for the socio-legal scholar this process opens up the conceptual space in which to see in evidence the multiple legal and social realities in operation, within the larger context of state law, liberal multiculturalism and the rights discourse. This thesis explores the ways in which these bodies constitute as unofficial dispute resolution mechanisms between and within the context of local 'community' and the overarching determinancy of state law. Of particular concern is how gender is transformed through the position and participation of women in this process of 'privatized dispute resolution'. The discourses produced by the participants in such processes constitute and transform understandings of British Pakistani Muslim women that are significant to their position and autonomy in the family, home and community. Drawing upon fieldwork data and interview material the study explores the socio-legal reality of these women's lives in relation to the complexities of attachment, belongingness and identity that multicultural society introduces.

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Zarzour, Asma Adnan. "The particularities of human rights in Islam with reference to freedom of faith and women's rights a comparative study with international law /." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=24806.

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Marlita, Tita. ""Ways of knowing" : Islamic customs of polygamy, veiling and seclusion in the autobiographical writings of Huda Shaarawi and Kartini /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ47428.pdf.

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Hosain, Sheema. "Re-examining the role of Islam and South Asian culture in the public discourse of forced marriage in the UK." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98933.

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In the late 1990's, various British news agencies reported cases of British-born South Asian Muslim women who forced into marriages. In 2000, the UK government produced a study that determined there were 400 British cases of "forced marriages" reported to UK police in a two year period. In response to these findings, the UK government launched an educational prevention campaign, in which they defined forced marriage as "a marriage conducted without the valid consent of both parties". I argue that, while the aim of the UK government's campaign is to promote the right of choice in marriage, they do not critically examine legal, religious, political and economic issues that may limit the ability of some British South Asian Muslim women to exercise that right. This study examines these issues to develop a better understanding of the link between culture, religion and forced marriage in certain British South Asian Muslim families.

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Farrouh, Ziyad. "Le Mahr (don nuptial) dans le droit islamique selon les écoles sunnites, chiites et ibāḍite." Thesis, Paris, EPHE, 2016. http://www.theses.fr/2016EPHE5017.

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Dans ce travail, une étude analytique comparative sur la notion du mahr (don nuptial) dans le droit islamique selon les différentes écoles juridiques est réalisée. Les écoles en question sont; ḥanafite, mālikite, šāfiʿite, ḥanbalite, imāmite, zaydite et ibāḍite. Tout d’abord, une présentation de la genèse de cette notion et aussi les difficultés de sa traduction est faite. A travers les enseignements de ces écoles, la notion de mahr et son importance dans le contrat de mariage sont analysées. Les points d’accords ainsi que ceux de divergences à travers une confrontation passionnante de sources classiques du fiqh sunnite, chiite et ibāḍite, sont ainsi développées. Cette recherche couvre la période entre Ier et VIIème siècle de l’hégire, ce qui correspond avec VIIème et XIVème siècle de l’ère chrétienne. L’aspect juridique du mahr, le montant, la nature et les différentes sortes de celui-ci sont des questions que nous allons tenter de répondre dans le présent travail. Nous traitons également des notions telles le mahr musamma ainsi que mahr al-miṯl. Cette étude a été réalisée en considérant le mahr dans toutes les situations juridiques : mariage, répudiation (ṭalāq), ẖulʿ et dissolution du mariage (fasẖ)
This work aims to illustrate a comparative analytical study of the concept of mahr (marriage gift) in Islamic Shari’a according to different schools of fiqh: hanafī, maliki, shafi'i, hanbali, ja'fari, ibadi and zaydi. At the beginning, the genesis of the concept of mahr and the difficulties of its translation are presented and discussed. Through the directions of these schools, the concept of mahr and its importance in the marriage contract is analyzed. The points of agreement and the divergence are demonstrated and based on the interesting confrontation of the various conventional sources of sunni, shi’i and ibadi fiqh. The research covers the period between first and seventh century of Hegira, which corresponds to the VII and XIV century of the Christian era. The legal aspect of mahr, its amount, nature and the different kinds are the questions explained in the thesis. The concepts of the mahr musamma and mahr al-mitl are extensively discussed. This study is carried out by considering mahr in all legal situations: the marriage, the divorce (talaq) ẖul' and the dissolution of marriage (faskh)

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Osman, Fatima. "Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law." Master's thesis, Faculty of Law, 2013. http://hdl.handle.net/11427/32997.

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his thesis analyses whether a legislative ban on wearing a headscarf breaches the right to freedom of religion, as such right is universally understood. It describes the ambit of the right to freedom of religion by examining the theoretical justification and importance of the right and thereafter analysing how the right is recognised in international and regional treaties and domestic constitutions. It demonstrates that religious freedom comprises of the right to hold a religion and the right to manifest a religion in the form of worship, observance, practice and teaching. Religious freedom, however, is not absolute and the thesis explains in the light of international and comparative case-law that the right to freedom of religion may be limited by a law that pursues a legitimate state interest and is reasonable. In light of this theoretical framework the thesis examines the practice of Muslim women wearing a headscarf and argues that the practice constitutes a manifestation of Islamic belief protected by the right to freedom of religion. Thereafter this thesis examines French, Turkish and German prohibitions on wearing a headscarf, the effect of these laws on Muslim women and the justifications furnished for such laws. It is argued that the state interest of preserving secularism relied upon to justify a headscarf ban is not legitimate and does not justify a headscarf ban. Furthermore, even where the state has a legitimate interest in preventing the coercion of young girls, promoting the equality rights of women and maintaining safety and order, a headscarf ban does not constitute a reasonable limitation of religious freedom. Ultimately, this thesis argues that a headscarf ban exacerbates the problems it is meant to solve and constitutes an unjustifiable infringement of religious freedom.

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Turner-Rahman, Israt. "Consciousness blossoming Islamic feminism and Qur'anic exegesis in South Asian muslim diaspora communities /." Pullman, Wash. : Washington State University, 2009. http://www.dissertations.wsu.edu/Dissertations/Spring2009/I_Turner-Rahman_050109.pdf.

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Baderin, Mashood A. "Modern Muslim states between Islamic law and international human rights law." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/10964/.

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This thesis examines the important question of whether or not Islamic law and international human rights are compatible and whether Muslim States can comply with international human rights law while they still adhere to Islamic law. The traditional arguments on the subject are examined and responded to from both international human rights and Islamic legal perspectives. The thesis formulates a synthesis between two extremes and argues that although there are some differences of scope and application, that does not create a general state of dissonance between Islamic law and international human rights law. It is argued that the differences would be easier to address if the concept of human rights were positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law. To avoid a simplistic generalisation of the arguments, each Article of the international bill of rights (ICCPR and ICESCR) and some relevant articles of the Convention on the Elimination of all Forms of Discrimination against Women are analysed in the light of Islamic law. The thesis theoretically engages international human rights law in dialogue with Islamic law and then evaluates the human rights policy of modern Muslim States within the scope of that dialogue. The State Practice of six Muslim States is examined as case studies to establish the arguments of the thesis. The thesis concludes, inter alia, that it is possible to harmonise the differences between Islamic law and international human rights law through the adoption of the margin of appreciation doctrine by international human rights treaty bodies and the utilisation of the Islamic law doctrines of maqâsid al-sharî‘ah (overall objective of Sharî‘ah) and maslahah (welfare) by Muslim States in their interpretation and application of Islamic law respectively. It is asserted that Islamic law can serve as an important vehicle for the enforcement of international human rights law in the Muslim world and recommendations are advanced to that effect in the conclusion.

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Hussin, Iza R. "The politics of Islamic law : local elites, colonial authority, and the making of the Muslim state /." Thesis, Connect to this title online; UW restricted, 2008. http://hdl.handle.net/1773/10783.

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Glover, Michael Emanuel. "Islamic institutions, the status of women, and economic growth." Thesis, Georgia Institute of Technology, 2010. http://hdl.handle.net/1853/33990.

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Within the sample of Muslim-majority countries, the links between how explicitly "Islamic" a society is, the status of women, and economic and other societal outcomes is explored. A country is considered more or less "Islamic" depending upon if Islam is the official state religion, if Islamic law forms a basis for the legal system, and the degree to which the country has rejected or maintained traditional Islamic norms such as regarding the acceptance of polygamy and the legal obligation of women to wear the veil in public. It is found that if a country is more "Islamic," it tends to also have worse outcomes along different dimensions, such as degree of authoritarianism and absence of women's rights. However, focusing exclusively on whether the country has Islamic law as a basis of the legal system, these countries tend to be richer. An extremity index is composed, which contains only variables which describe the status of women in Muslim countries, along educational and legal dimensions. It is found in regressions that this extremity index is a statistically significant predictor of economic growth, where higher extremity leads to lower GDP growth rates. Oil is still an extremely important factor in explaining the variation in GDP levels and growth rates in the Muslim world.

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Hayman, Sarah. "Re-veiling and occidentalism four case studies /." Diss., Online access via UMI:, 2007.

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Swart, Susanna Maria. "Beyong the veil : Muslim women write back." Thesis, University of Pretoria, 1999. http://hdl.handle.net/2263/37291.

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This thesis sets out to provide what is perceived as the nature of Islam and background that inform the interpretation of the two novels ofMariama Ba as well as that of selected works by fellow Muslim writer, N awal El-Saadawi. Although the question of gender is carefully addressed, the principal viewpoint is Islamic theocratic rather than purely feminist. This study surveys the struggle of these two women writers to claim public space in a dominant patriarchal society. It examines the socio-political conditions affecting women in the Arab peninsula before the rise of Islam, also called Jahiliyyah, from Islam's inception (622 AD). It notes that the principle of equality of all the believers was established by the injunction in the Qur'an, and endorsed by Muhammad, the Prophet, after whose death, manipulation of the sacred texts, especially of the Hadiths, took place. This led to opposition to gender equality; while fitna (civil war) in Medina, led the Prophet to re-institute the hijablveil, in order to protect women from being sexually harassed. The significance of the hijab is then explored, and Fatima Mernissi's text Women and Islam (1987; 1992) is used as seminal to the argument that the hijab was not instituted to put a barrier between men and women. The question of how the Islamic tradition succeeded in transforming the Muslim woman into a submissive, marginal creature, one who once buried herself behind a veil, is considered in the light of feminist theory and practice in both the Third and Arab worlds as well as in terms of the postcolonial notion of 'writing back'. The works of Ba and El-Saadawi, chosen for discussion in this thesis, examine these common issues, and underscore the entitlement of women to equality. The proposition, that Muslim women talk/write back, is epitomized in Ramatoulaye's forceful wordsuttered after thirty years of silence and harassment: 'This time I shall speak out' (So Long a Letter, 1980; 1989: 58). This study also shows that both Ba and El-Saadawi (by employing the journalisme-verite approach) move beyond gender and cultural issues to explore the universal nature of man and woman, and that in accordance with Muslim theocracy, these writers ultimately advocate the notion of redemption through humanity, coincidentally expressed in the Wolofproverb: 'Man, man is his own remedy!' (Scarlet Song, 1981; 1994: 165). Furthermore, within the context of these concerns, a few speculative remarks on the likely future ofMuslim women in the Arab and African world are made, arguing that had Ba's life not been cut short so tragically, it is reasonable to suppose that she would, like ElSaadawi, have continued to advocate a holistic, healthy Muslim society, in which the humane treatment of women would prevail. Finally, in terms of the title Beyond the veil: Muslim women write back, an attempt has been made to show how both Ba and El-Saadawi strive by 'writing back' to move 'beyond' the veil, speaking out on behalf of fellow Muslim women in Africa.
Thesis (PhD)--University of Pretoria, 1999.
gm2014
English
unrestricted

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Lambert, Hurley Siobhan. "Contesting seclusion : the political emergence of Muslim women in Bhopal, 1901-1930." Thesis, SOAS, University of London, 1998. http://eprints.soas.ac.uk/28963/.

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This study examines the emergence of Indian Muslim women as politicians and social reformers in the early years of the twentieth century by focussing on the state of Bhopal, a small Muslim principality in Central India, which was ruled by a succession of female rulers throughout the nineteenth and early twentieth centuries. The last Begam of Bhopal, Nawab Sultan Jahan Begam (1858-1930, r. 1901-1926), emerges as the main figure in this history, though a substantial effort has also been made to examine the activities of other Bhopali women, whether poor, privileged or princely. Special significance has been attached to their changing attitudes to class, gender and communal identities, using the veil as a metaphor for women's expanding concerns. Their connections with wider movements of social reform have also been emphasized in an attempt to show that the emergence of women in Bhopal was representative of a broader development occurring amongst Muslim women, both within India and throughout the Islamic world. The importance of this study lies in its treatment of the 'daughters of reform,' the first generation of Muslim women who contributed to the reformist discourse, particularly at the regional level, as complex subjects in possession of a history. It is also significant in that it redresses the paucity of academic literature on the princely states of India, highlighting the differences between states and the changes that occurred over time, rather than simply dismissing the princes as frivolous reminders of a by-gone age. The main theme that arises is the importance for early Muslim female activists of balancing continuity and innovation. By operating within the framework of Islam, Bhopali women were able to build on traditional norms in order to introduce incremental change. As many of their achievements were unforseen, however, their story is as much one of paradox, as of progress.

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Lutfallah, Samiha Kamel. "Non-Muslims in a Muslim state with special reference to contemporary Egypt." Thesis, SOAS, University of London, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308071.

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Uddin, Islam. "Muslim family law : British-Bangladeshi Muslim women and divorce in the UK." Thesis, Middlesex University, 2018. http://eprints.mdx.ac.uk/25636/.

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This socio-legal study investigates the phenomenon of Islamic divorce in the UK. The background to the research problem is situated in discussions on Muslim women's rights in topics such as Shariah law, multiculturalism and legal pluralism. These may echo concerns that classical interpretation of Muslim family law (MFL) follows patriarchal practices that discriminate against Muslim women, whilst civil law is committed to gender equality as promoting social progress. The debate regarding the diasporic Muslim communities in Britain focuses on concepts such as multiculturalism and legal pluralism. Critics of MFL argue against policies that accommodate group rights and contend cultures socialise members to their designated status, with oppressive practices hidden in the private and domestic spheres, and specifically in the use of Shariah councils. Proponents, by contrast, argue for religious freedom, among other grounds. Many agree that further empirical research is required on the subject. This study addresses this empirical gap. The central research question asks, 'how do British-Bangladeshi Muslim Women (BBMW) pursue divorce in the UK?' and investigates the choices women made, as well as the role of experts, religion and culture in influencing decisions. It uses a phenomenological-inspired methodology, with data collection involving 27 in-depth interviews with BBMW, 12 interviews with experts, participant observation of Shariah Council hearings, and document analysis. Thematic analysis of data produced findings with conclusions applicable to the British-Bangladeshi Muslim community and to a wider field including legal practitioners and mediators, academics, policy-makers and others. The insights gained reveal the strong influence of religion and culture in establishing norms, dictating the importance of nikah, and in establishing the marriage, whilst the taboo of divorce hindered women from divorcing and affected them moving on, post-divorce. The community avoided professional mediation and viewed family disputes as a private matter. The diversity of Islamic opinions caused further confusion suggesting a need for a specific information reference point for British Muslims. The women displayed a multifaceted approach in dealing with civil and Islamic divorce, and utilised the different systems to their benefit, forming new mechanisms of securing religious divorce without the use of Shariah councils.

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Bjurman, Emilia. "The feminist behind the veil: Experiences of Muslim women in Sweden." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-60490.

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This research builds upon Islamic feminism as an alternative mean to the typical Western way of perceiving feminism, when looking into the situation of Muslim women in Sweden through a qualitative field study. Moreover, this is linked to the discussion of gender equality and diversity which is on the agenda in the West due to contemporary migration flows. Semi-structured interviews are conducted for the purpose of highlighting Muslim women's own religious and cultural experiences concerning identity, freedom and gender roles, which are later connected to the academic debate regarding women in Islam and Islamic feminism. Additionally, interpretations of often discussed verses from the Qur'an on this topic are made during the interviews, also connected to the core of this research which is to explore the possibility of an identity formation with feminism and Islam coexisting among the interviewed women in Sweden, constituting the research gap. Hayward's theory of de-facing power is further applied to the findings and examples illustrate a tension between the different value systems when comparing the women's earlier experiences to current ones in Sweden, but that feminist understandings are visible and practiced to some extent. Summarized remarks include that further research is necessary and particularly with more interviewees which would enable more of a generalization, yet underlining that the situation among and for Muslim women differs. Nevertheless, it is through facilitating to meet each other and involve women in the society it is possible to achieve progress of a mutual understanding.

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Hilal, Maha. ""Too damn Muslim to be trusted"| The war on terror and the Muslim American response." Thesis, American University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3633894.

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"Our war is not against Islam.....Our war is a war against evil…" -President George W. Bush.

Despite President Bush's rhetoric attempting to separate Muslims in general from terrorists who adhere to the Islamic faith, the policies of the War on Terror have generally focused on Muslims domestically and abroad, often for no greater reason than a shared religious identity with the perpetrators of the 9/11 attack (see for example, National Special Entry-Exit Registration). While foreign-born Muslims were the primary subjects of earlier policies in the War on Terror, several cases involving Muslim Americans suggest that despite holding U.S. citizenship, they may be subject to differential standards of justice (i.e. Hamdi v. Rumsfeld or the targeted killing of Anwar Al-Awlaki). Building on previous scholarship that has examined the Muslim American experience post 9/11, this dissertation focuses on the relationship between the substance and implementation of laws and policies and Muslim American attitudes towards political efficacy and orientations towards the U.S. government. In addition, this dissertation examines the relationship between policy design and implementation and Muslim American political participation, alienation, and withdrawal.

This study was approached through the lens of social construction in policy design, a theoretical framework that was pioneered by Anne Schneider and Helen Ingram. Schneider and Ingram (1993, 1997) focus on the role of public policy in fostering and maintaining democracy. With the goal of understanding public policy as a vehicle to promoting or inhibiting democracy, their analysis focuses on how the use of social constructions of different policy group targets can affect their attitudes towards government and citizenship, in addition to behaviors such as political participation.

According to Schneider and Ingram (1993, 1997, 20005), groups with favorable constructions can expect to receive positive treatment and exhibit positive attitudes towards government and participate at higher levels than groups with negative social constructions, who will develop negative orientations towards government, a decrease in feelings of political efficacy, and lower levels of political participation. Within this conceptualization of the impact of policy on target groups is the element of political power, which Schneider and Ingram (1993, 1997, 2005) examine as a measure of the degree to which different target groups can challenge their social construction and, subsequently, the policy benefits or burdens directed at them.

Research studying the impact of policies on differently constructed groups (welfare recipients, veterans, etc.) has empirically verified Schneider and Ingram's (1993, 1997, 2005) social construction in policy design theory. However, none of the existing research has yet to apply this framework to Muslim Americans as a group and in the context of counter-terrorism policies.

In order to situate the Muslim American responses according to the theories' main propositions, this study provides a background on many of the post 9/11 counter-terrorism policies, highlighting those policies that have disproportionately impacted members of this group. This research also examines how the War on Terror has been framed, and the actors involved in the construction of the Muslim image, with a focus on discerning the ways in which members of this population have been demonized and positioned as collectively responsible for acts of terrorism perpetrated by other Muslims.

This study utilized a mixed methods approach and included a quantitative survey and qualitative interviews. Purposive sampling was used in order to obtain a sample of Muslim Americans from different racial and ethnic backgrounds proportionate to the demographics of this community in the United States. The study findings are based on surveys from 75 individuals and interviews with 61 individuals.

The findings in this study reveal that Muslim Americans overwhelmingly perceive themselves to be the target of the War on Terror policies. Further, the data in this study shows that Muslim Americans across a range of backgrounds question the degree to which they are entitled to equity in both cultural and legal citizenship, including procedural justice. Despite exhibiting these views towards citizenship and procedural justice, a majority of Muslim Americans nonetheless reported increased levels of political participation as a response to policies that targeted them.

These findings provide additional empirical support for the social construction in policy design framework. Specifically, this data demonstrates that Muslim Americans in large part believe themselves to be the policy targets and have internalized many of the social constructions that have emerged vis-à-vis policy design and implementation. Consequently, Muslim Americans have developed subsequently negative orientations towards government and a sense of diminished citizenship. While the study results in terms of increased political participation may appear to be at odds with what the framework suggests, these increased levels of political participation are more properly couched as being a function of fear or threat, and in this sense a symptom of being targeted. (Abstract shortened by UMI.)

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Almila, Anna-Mari. "Hijab as dress : Muslim women's clothing strategies in contemporary Finland." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=211282.

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This thesis concerns female Islamic dress, the hijab, in contemporary urban Finland. The hijab is not merely a symbol or an inevitable embodiment of either female oppression or agency, but rather is a form of dress that is simultaneously social, mental, material, and spatial. The approach developed here captures the multiple dimensions of the hijab as it is lived and experienced. The thesis draws upon ideas from a range of social theorists, including Bourdieu, Lefebvre, Goffman, and Gramsci. These ideas are deployed to understand the conscious and semi-conscious dress strategies and practices that veiling Muslim women use to manage various everyday issues and challenges. I investigate questions concerning how social, material and spatial relations both impact upon, and are negotiated by, the wearing of the hijab. The research was conducted in Helsinki using ethnographic methods, such as semi-structured interviews and participant observation. The main groups of informants were Finnish converts to Islam, Somalis, and Shi'a Muslims from Iran, Afghanistan and Iraq, and the sample covered women of various ages, educational backgrounds, and professional positions. The empirical chapters are organised according to four major themes: Politics, Materiality, Performance, and Visibility in Public Space. According to the findings, Muslim women in Finland negotiate their dress strategies with reference to Finnish ‘mainstream' society, religious doctrine and the demands of their particular ethnic communities. Dress strategies and practices are found to be bound up in complex but identifiable ways with factors such as fashion markets and dress availability, diverse modes of embodiment and habituation, and the socio-spatial relations which produce and are produced by the Finnish built environment. In sum, by focussing on the lived experience of wearing the hijab, many of the more simplistic politicised understandings of Muslim women and their characteristic forms of dress can be challenged and superseded.

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Al-Ghazawi, Loai Azmi. "The legal status of Jerusalem in Islamic Fiqh (jurisprudence) and international law." Thesis, Glasgow Caledonian University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340613.

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Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.

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Includes bibliography.
What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the implementation of MPL [Muslim Personal Law] is examined in this thesis. It must be said at the outset that MPL has as yet not been applied in South Africa. The debate regarding its implementation has only begun. This thesis thus looks into the dynamics of this experience. Some aspects of the debate is also based on projections and comparative studies.

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Robertson, Julie Anne Carleton University Dissertation Sociology and Anthropology. "Contesting a coercive islam; "women living under Muslim laws" and Pakistan." Ottawa, 1996.

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Abduroaf, Muneer. "The Impact of South African Law on the Islamic Law of Succession." University of the Western Cape, 2018. http://hdl.handle.net/11394/6211.

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Doctor Legum - LLD
South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their religion to follow Islamic law. Muslims are required, in terms of their religion, to ensure that their estates devolve in terms of the Islamic law of succession. A son inherits double the share of a daughter in terms of the Islamic law of intestate succession. This unequal distribution of shares has led to a premise that the Islamic law of intestate succession discriminates against females. The South African Constitution strongly promotes the right to equality and non-discrimination. There is therefore a serious need to investigate the fairness of the Islamic law of intestate succession within the context of South African law. This is in the interest of a religious minority group who have been in South Africa since 1654.

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Awass, Omer. "FATWA: THE EVOLUTION OF AN ISLAMIC LEGAL PRACTICE AND ITS INFLUENCE ON MUSLIM SOCIETY." Diss., Temple University Libraries, 2014. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/259501.

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Religion
Ph.D.
My dissertation examines the transformation of Islamic legal discourse and the impact of that discourse on Muslim society. More particularly, it analyzes fatwas (religious legal edicts) over the course of Muslim history so as to determine how this legal mechanism was instrumental in the making and remaking of Islamic law and society. Historically speaking, substantive aspects of Islamic law developed out of the material of fatwas. In the very early stages of Islamic history there were no codified laws to guide people in their religious and social concerns, but the manner in which Muslims received guidance with regards to their religious practice was that they posed their concerns to early proto-jurists in the form of religio-legal questions, which these jurists addressed in the form of fatwas. Out of the critical mass of these fatwas, Islamic legal manuals began to be compiled and a definitive corpus of Islamic law came into being. Essentially, my investigation looks at the development and continuing evolution of Islamic law through lens of a particular legal practice: issuance of fatwas. By examining fatwas in different periods of Islamic history from the beginning until today, I chart the transformations that take place in Islamic legal tradition(s) as a result of the encounter with changing socio-historical conditions. More particularly, my analysis draws attention to the way in which legal practices amongst jurists created discursive shifts to established norms within Islamic legal discourse on how these discursive shifts contributed to the evolution of Islamic law. Moreover, by analyzing fatwas issued from Muslim jurists from various regions and periods, I identify how fatwas were essential catalysts for historical change, which gives us a better appreciation of the interrelationship between law and society. This historical foundation provides a basis for a diachronic assessment of the transformations that take place in Islamic legal tradition as a result of the encounter with colonialism. In latter part of my investigation, I examine how the practice and rationalization of fatwa has changed due to the ramifications of colonialism on the Muslim world. In this era, the established practices and doctrines of Islamic law were critiqued through the lens of modern Western ideas. This spawned modern Muslim movements that sought to reform Islamic law and redefine its relationship to the state and society. After historically establishing the ideas which were advocated by reformers, my goal is to assess whether those calls for reform have actually affected the practice Islamic law at the substantive and procedural levels. I do this by subjecting fatwas issued in the postcolonial period to critical analysis, so as to determine whether the procedures or rationale of fatwas have changed in a fundamental way. The larger themes that I address in my latter analysis is whether this modern trend amongst some Muslim thinkers and jurists towards contextually oriented legal concepts represents a lasting shift away from the traditional textually oriented legal methodology to produce a new type of discourse that is revolutionizing Islamic law or is it a passing phenomenon that will not make a lasting impact on how Islamic law is derived in the future. Fatwas are the key starting points in addressing these question because they represent the most elemental dimensions of Islamic law and the new legal developments within it. So, they offer vistas on how Muslim religious and legal practice will undergo a transformation in the future.
Temple University--Theses

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Al-Wahabi, Najla I. "The Hijab : its origin and development from the pre-Islamic period to the end of the Umayyad period." Thesis, SOAS, University of London, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360809.

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Guenther, Alan M. "Syed Mahmood and the transformation of Muslim law in British India." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85165.

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The British colonial administration in India transformed Muslim law in the nineteenth century through the three concurrent processes of translation, legislation, and adjudication. Although Indian Muslims were gradually displaced in their traditional position as interpreters of that law in the role of muftis, discerning and applying the shari'ah according to Hanafi principles of fiqh, they nonetheless played a vital role in the transformation of Muslim law. Towards the end of the nineteenth century, Muslim participation became more noticeable and significant as they moved into increasingly influential positions in the British judicial administration. Syed Mahmood (1850-1903) was a pioneer in this movement, being one of the first Indian Muslims to study law and become a barrister in England, being the first non-European member of the Allahabad Bar, and being the first Indian Muslim appointed to any High Court in British India. During his tenure as judge of the High Court at Allahabad, he wrote numerous judgments on matters of civil law, including matters which the British regime had determined were to be governed by Muslim law, or rather, by the amalgam of Muslim and English law called "Anglo-Mohammedan law" into which it had been transformed. He understood certain aspects Muslim law, especially criminal law and laws of evidence, to have been abrogated by British law in India, but stoutly resisted the incursion of English law and promoted the acceptance of Muslim law as the customary law in other areas. His critique of the British administration of justice in India and his persistent independence of thought while serving on the High Court brought him into conflict with his fellow judges. He was eventually forced to resign in 1892, but his recorded judgments in the Indian Law Reports continued to provide an authoritative exposition of Muslim law for succeeding generations of jurists. In addition to elucidating the transformation of Muslim law

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Hamzic, Vanja. "A history in the making : Muslim sexual and gender diversity between international human rights law and Islamic law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/a-history-in-the-making(1fff3bb6-e893-40f0-88eb-85ec4d8549de).html.

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This thesis offers a critical historical analysis of the discourses on sexual and gender diversity related to international human rights law and Islamic law, as well as an ethnographic account of contemporary Muslims in Lahore, Pakistan whose pluralist sexual and gender experience defies the punitive gaze of state law. The central hypothesis of this project is that critical - and parallel - examinations of the legal, social and political genealogies of human rights law and the Islamic legal tradition, as they relate to human sexual and gender difference, can reveal some salient patterns of insurrectionary vernacular discursive practices. It is, moreover, posited that sexually diverse and gender-variant Muslims already engage in such practices, which help them to negotiate their legal, political and social positions. The ethnographic part of this thesis, then, documents and interrogates those practices, while the concomitantly pursued historical analysis provides a broader background for understanding their invaluable role. Thereby compiled and recounted, a history - of sexual and gender plurality amidst the umma (1) past and present - is always already in the making. Whilst its roots - and rites run deep into the idiosyncratic forms of Muslim sociality, that narrative is now increasingly seen as a part of larger human rights and sexual/gender reforms. This thesis, thus, also endeavours to contextualise and historicise the treatment of sexual/gender diversity in international law- epitomised in the (legal) ascendance of the notions of sexual orientation and gender identity - by retracing, inter alia, the making of the sexual and gendered subject of Christian and European law. Ultimately, this thesis is an interdisciplinary account of Muslim sexual and gender diversity, and of the attempts of historical and contemporary legal systems at its regulation.

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Almansoor, Mohamed Ali Saleh. "Political rights of women in Islamic law, international law and the United Arab Emirates law." Thesis, Glasgow Caledonian University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395790.

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al-Haddad, Haitham. "A critical analysis of selected aspects of Sunni Muslim minority fiqh, with particular reference to contemporary Britain." Thesis, SOAS, University of London, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680163.

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Welchman, Lynn. "Beyond the code Muslim family law and the shariʼa judiciary in the Palestinian West Bank /." The Hague ; London ; Boston : Kluwer Law International, 2000. http://catalogue.bnf.fr/ark:/12148/cb37739801w.

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Ewing, Angela. "On Blasphemy: Immigrant Muslim Leaders in America." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6559.

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Some Muslim immigrants in the United States have difficulty reconciling American free speech rights with the blasphemy component of Islamic law, which often requires death for those who criticize Islam. Little academic literature addresses reconciliation of Islamic beliefs with the Constitutional right to free speech or information on Muslim political participation regarding free speech. Using policy feedback theory as the foundation, the purpose of this phenomenological study was to understand the experiences of Muslim immigrants who practice Islam in a free speech society. Data were collected from a sample of 10 immigrant Muslim imams, scholars, and community leaders in Virginia regarding blasphemy laws, and examination of their acculturation experiences and political participation in the United States where insults against religion are protected. Interview transcripts were coded using attribute, anchor, descriptive, and in vivo codes and then subjected to thematic analysis. Findings indicate that participants shared diverse experiences, but most believed that education and dialogue are the best solutions to blasphemy. Some would accept certain blasphemy restrictions, but others opposed any punishment. All were happy with life in America and had little interest in influencing free speech policies, unless free speech were at risk. Then, some would lobby as groups against free speech restrictions, supporting the policy feedback theory. Findings influence positive social change by encouraging dialogue with Muslims, discouraging anti-Muslim immigration policies and Sharia bans, and reducing fears of Muslim immigrants imposing strict blasphemy punishments. Policymakers, the public, and Muslims would benefit from the reduced Islamophobia.

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Eraikat, Abdul K. "Education in the Arab-Islamic world." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2008. https://ro.ecu.edu.au/theses/243.

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Education in the Arab countries is discussed in the light of ongoing international educational reform. It is argued that education in the Arab/Muslim world faces serious problems. Educational reform cannot be achieved in isolation; it has to be part of a full scale reform that tackles social, economic and cultural issues. It is contended that cultural values, economic, social and political factors in the Arab/Muslim societies have contributed a great deal to the backwardness of education within Arab/Muslim societies. Questions such as whether Arabs/ Muslims could cope with the new trends in education, and whether they would be able to respond to the new ICT revolution and globalisation are addressed. It is also argued that Arabs/Muslims respond to globalisation and ICT in different ways each according to their perspective. This paper explores in detail the factors that shape education in the Arab world. It also attempts to shed light on relations between Arabs/Muslims and the West, considering how they have understood or misunderstood each other throughout the course of history. It is argued here that globalisation has been understood as Westernisation in the Arab/Islamic world due to a long history of mistrust and misunderstanding between the two. However, before undertaking this exploration, a brief summary of the historical background of Arabs I Muslims is provided.

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Kelley-Hollwell, Victorie Joyce-Ann Martin Barbara N. "Perceptions and behaviors that encourage or impede advancement or attainment of leadership positions in higher education by Muslim women wearing hijab." Diss., Columbia, Mo. : University of Missouri--Columbia, 2009. http://hdl.handle.net/10355/6617.

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Title from PDF of title page (University of Missouri--Columbia, viewed on March 17, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Thesis advisor: Dr. Barbara Martin. Vita. Includes bibliographical references.

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Amiruddin, M. Hasbi. "The response of the ʻulamāʾ Dayah to the modernization of Islamic law in Aceh." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26246.

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This thesis studies the attitudes of the religious scholars associated with the dayah, the traditional institution of religious learning in Aceh, Indonesia, towards issues of the modernization of Islamic law. In the history of Islamic society in Aceh, these scholars, the 'ulama' dayah, have shown great initiative in guiding their society as it sought solutions to various problems. Their response was not confined merely to religious matters but also extended to the economic, political and social problems.
The impact of modern science and technology has led to many changes in economics, agriculture, medicine, and other fields. All these changes have to be evaluated in terms of their status in Islamic law, because Muslims have always sought to lead their lives in accordance with Islamic teachings. The 'ulama' dayah, have contributed to meeting the challenge of resolving such problems. In formulating their decisions, the 'ulama' dayah usually refer to the standard texts of the four classical schools of Islamic law. The reliance on classical texts is justified by their conviction that present-day 'ulama' are unable to exercise ijtihad independently since they lack the qualifications which have been traditionally demanded of a mujtahid.

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Bednarkiewicz, Maroussia. "Summoning the believers as the Christians did? : religious differentiation in Muslim sources until the third/ninth century." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:0e98bd5c-3d6d-4530-b372-95780de2af86.

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The Muslim tradition tells us that when Muslims migrated to Medina and their number increased, they felt the need for an efficient means to convoke the community for the daily prayers. Jews and Christians both had well-established summoning rituals involving different instruments, that Muslims considered adopting. They eventually developed a distinct, simple ritual consisting of a small set of chanted formulæ, which became known as the adhān, the Islamic call to prayer. This is the narrative thread that we find in all major Sunnī collections of aḥādīth - reported sayings of Muḥammad and his companions - which recount the introduction of the adhān. The present work postulates that this thread or 'proto-narrative' was used by several narrators, transmitters, and collectors until the third/ninth century who modified it and added new elements in order to settle political and religious controversies of their times. This proto-narrative is outlined in the main chapter (chap. 3), which highlights how it was modified and why, using close textual analysis of both Sunnī and Shī'ī texts with data-dense graphs of relations, locations, and times produced via network visualisation tools. Five major Sunnī legal treaties from the second/eighth century onwards were also scrutinised (chap. 4) to better understand the general context in which the aḥādīth about the introduction of the adhān were being circulated and confirm the results obtained through the textual analysis. The conclusions reveal specific mechanisms used in the formation and transmission of aḥādīth. In the case of the adhān, aḥādīth represent half of a 'conversation' between people, students, or rulers on one side, asking questions about the origins and the right form of the call to prayer, and on the other side, scholars or jurists who answer with adapted narratives. Only the latter was preserved, yet the present thesis shows that it is often possible to reconstruct, to a certain extent, the former part of this 'conversation'.

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Cone, Heather. "Differential Reinforcement in the Online Radicalization of Western Muslim Women Converts." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2962.

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The emerging phenomenon of Western women Islamic converts learning radicalized ideology through social media constitutes a challenge to cyber policy makers hampered by a lack of gender-nuanced radicalization research. The purpose of this exploratory qualitative case study was to develop a greater understanding of how the differential reinforcement tenet of social learning theory may help to explain the conversion and radicalization of Western women towards a fundamentalist Islamic ideology through their participation in the social media. Key research questions explored how participation in online social media may create vulnerability towards radicalization and exploitation. The blogs of 3 different Western women converts were selected from the social media website Tumblr for the period of January 2014 through September 2015. Approximately 21,700 posted entries were subjected to a deductive coding process and thematic analysis. Key findings indicated that fervent activism, strong commitment to the digital community, and a tepid response to world terrorist attacks were potential vulnerabilities for targeted radicalization. Additionally, authors increased the number of their ideology-related posts in response to increased reader interactions. Finally, reader responses did not appear to alter the bloggers' static and strongly held positions on cultural gender roles. The positive social change implications stemming from this study include a starting point for the development of a formal adolescent cyber educational program, new metadata delimiters for the identification and engagement of vulnerable women, and as an example of the use of public policy theoretical frameworks for homeland security research.

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Wani, Catherine. "Perceptions of the veil among a group of Sudanese women: A qualitative study." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The Islamic dress code has been forcibly imposed on the women in Sudan, since 1983, and many feminists researchers have criticized the practices of the veil as a tool to oppress women. This study aimed to explore a group of Sudanese women, currently living in South Africa, experiences and perceptions of the veil, whether the veil is a religious dress code or a tool that has been used to exercise inequality.

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Adheidah, Taher. "Forced marriage in the British Sunnī Muslim community from an Islamic law perspective : a critical study." Thesis, University of Leeds, 2015. http://etheses.whiterose.ac.uk/10063/.

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Forced marriage affects a number of communities within the UK, including British Muslims. In some cases, Islam is used to justify this practice and the media has highlighted cases where young Muslims have been coerced into marriage. This thesis attempts to address this issue from a normative perspective, using Islamic legal sources to assess whether Islamic law (sharīca) allows forced marriage and will determine what can be done about it from within this context. It provides a much needed comparative and contrastive account of key discussions and debates of Muslim jurists (fuqahā’) from the four Sunni schools of law regarding elements of the marriage contract which are pertinent to this discussion, specifically: wilāya (guardianship), ikrāh (coercion) and maqāṣid alsharīca (the aims and objectives of Islamic law). The Introduction sets out the main themes and structure of the thesis determining the motivation for the research, the research problems, its rationale, its significance and contribution to academic literature, the research questions, the methodology and the overall structure of the thesis. The issue will be approached from three perspectives: the nature of Marriage in Islamic jurisprudence, the role of guardianship in concluding marriage contract, and the ruling of marriages contracted under the effect of coercion. Chapter 2 defines forced marriage whilst looking at the distinction between it and arranged marriage, contextualising the issue in terms of UK and human rights law. It also introduces the problem of forced marriage within the Muslim community, and asks whether or not it is sanctioned by Islamic law. Chapter 3 looks in depth at the meaning and significance of marriage in Islam, and some elements of marriage; khiṭba (engagement/betrothal), the maqāṣid (legal objectives), the arkān (cornerstones), the ṣīgha (marriage formula), the shuhūd (witnesses), kafā’a (suitability or social equity of the spouses) and the mahr/ṣadaq (dowry). Wilāya (guardianship) ahliyya (legal capacity), and wilāyat al-ijbār (compelling guardianship) will be discussed in detail in Chapter 4. Chapter 5 focuses on the pivotal issues of ikrāh (coercion) and riḍā (consent). The Conclusion will gather together all the pertinent information and arrive at a definitive judgement with regard to forced marriage in Islamic law: forced marriage is not compatible with the objectives of the Sharīcah and has no reliable basis in its sources; the function of the walī (guardian) is to protect the interests of the ward and not to exercise his authority over her; the woman with legal capacity has the right to choose her spouse; the marriage contract conducted under coercion is invalid. This chapter will also include suggestions for further research and recommendations for addressing the issue of forced marriage.

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Elfegiry, Moataz Ahmed Ahmed Mohamed. "Islamic law and human rights in the thought and practice of the Muslim Brotherhood in Egypt." Thesis, SOAS, University of London, 2016. http://eprints.soas.ac.uk/23687/.

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Zantout, Mida. "Women, mothers, and children: colonization and Islamic law in the Lebanese state." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=103581.

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This thesis investigates the rights of women under Islamic law, focusing on mothers and their children and comparing traditional Islamic law with the contemporary Lebanese legal system. The approach chosen here is to examine the laws pertaining to nasab (lineage). My analysis of the evolution in understanding nasab ultimately leads to a discussion on the denial of paternity, the li‘ān procedure, zinā (extralegal sexual intercourse), and so-called "crimes of honour," as well as an analysis of the modern notion of citizenship. The pre-modern jurists' understanding is then compared and contrasted with the post-colonial view as it has come to be represented in contemporary Lebanon. Ultimately, I aim to demonstrate that the flexibility with which pre-modern Islamic law was applied found itself seriously impaired by the advent of colonialism, French legal influence, and the subsequent rise of the nation-state – negatively affecting Lebanese women and their rights.
Ce mémoire a pour but d'explorer le droit des femmes sous la loi Islamique, plus précisément celui des mères et de leurs enfants. Par conséquent, le concept de nasab (filiation) sera traité. L'étude du concept de nasab entraîne une discussion sur des thèmes inter-reliés tel que le refus de la paternitée, la procédure de li‘ān, le zinā, les crimes motivés par l'honneur, ainsi que le droit à la naturalisation. Cette discussion sera suivie par une analyse comparative entre l'interprétation traditionnelle des lois relatives aux procédures mentionées ci-dessus, et la situation contemporaine au Liban. En somme, ce mémoire a pour but d'établir que la flexibilité dans l'application du droit Islamique a été sérieusement affectée par la colonisation et la naissance de l'état-nation; des changements qui ont engendré un sérieux déclin dans le domaine du droit de la femme. En effet, l'influence légale Française n'a pas – contrairement aux croyances populaires – amélioré la situation de la femme Libanaise, bien au contraire.

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Chowdhury, Tasneem A. 1954. "Segregation of women in Islamic societies of South Asia and its reflection in rural housing : case study in Bangladesh." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61318.

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In Islamic societies, religion plays a significant role in shaping the home and the environment. An important feature of the Islamic culture is the segregation of women from males other than next of kin. This aspect has given rise to the separation of domains for men and women, both in the home and the neighbourhood. And this duality of space in turn reinforces the seclusion and segregation of women.
This thesis studies this phenomenon in rural settlements in South Asia in regions where Muslims predominate and also in non-Muslim areas influenced by centuries of Muslim rule. The living patterns of rural women and how they use and perceive their local space formed the focus of the study.
A field study was undertaken in a rural community in Bangladesh. Gender segregation norms and the resulting spatial organization of dwellings of different socio-economic groups were studied and compared. An important premise of the study is how the poor manage to integrate their faith and Islamic customs in their living environment.

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Boauod, Marai. "The Making of Modern Egypt: the Egyptian Ulama as Custodians of Change and Guardians of Muslim Culture." PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/3102.

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Scholarship on the modern history of the Middle East has undergone profound revision in the previous three decades or so. Many earlier perceptions, largely based on modernization theory, have been either contested or modified. However, the perception of the Egyptian ulama (the traditionally-educated, religious Muslim scholars) in academic scholarship remains largely affected by the legacy of hypotheses of the modernization theory. Old assumptions that the Egyptian ulama were submissive to political power and passive players incapable of accommodating, let alone of fathoming, conditions of the modern world, and who chose or were forced to retreat from this world, losing much, if not all, of their relevance and significance, still infuse the scholarly literature. Making use of materials obtained from the Egyptian National Archives, this study offers an examination of modern legal reform in Egypt from the nineteenth century through the first part of the twentieth century with the ulama and their legal institutions in mind. As the findings of this study effectively illustrate, the Egyptian ulama were by no means submissive. Rather, they were patient. Far from being passive agents of the past, the Egyptian ulama were active participants who played a critical role in the building of modern Egypt. The ulama had at their disposal sustained social and moral influence, a long-standing position as community leaders, a reputation as defenders and representatives of Islam, the power to validate or invalidate the political establishment by means of public and doctrinal legitimization, and the final authority over laws of family and personal status. Through these strengths, the ulama were able to influence the direction of change and to impact its scope and nature during transitional period that witnessed the making and remaking of modern Egypt. Considering the nature of changes that they allowed to be introduced to the shari-based justice system and the ones they resisted, as well as their stance regarding social matters, the Egyptian ulama comprehended and recognized modernity as useful. Advanced techniques had to be embraced to strengthen state institutions. However, the ulama thwarted massive and sudden adoption of modernity's cultural elements, so that Egypt would not become a chaotic country and go astray. On the weight of their position as the ultimate authority over family law, the Egyptian ulama blocked rapid social change imposed from the top. Alterations to family law and the social structure were undertaken gradually and with a great deal of delicacy. Therefore, the long-standing social order was not suddenly destroyed and replaced with a new one. Instead, changes to the long-standing social structure were allowed to evolve slowly, while the core was largely preserved. The ulama's far-reaching plan, which was realized in the long run, was to maintain Islam's position in modern Egypt as a guide and as the main source of legitimacy. As will be shown in this study, the history of the Egyptian ulama reveals not passivity, detachment, or submission but careful, and deliberate action.

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Hendricks, Hibah. "Fashion, performance and the politics of belonging among Muslim women in Cape Town." Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/3968.

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Magister Artium - MA
This thesis explores how the hijab fashion market has emerged in Cape Town and how Capetonian Muslim women are appropriating hijab fashion as a means of redefining themselves as Muslim South Africans instead of ‘Cape Malays’, the ethnic label given to Muslims in the Western Cape during the apartheid era. I argue that through self stylisation Cape Malay women are performatively rejecting the ethnicisation of Islam during apartheid. I show that ‘Cape Malay’ women are using hijab fashion to perform their ‘Muslimness’ in order to claim a positive and legitimate spot in the ‘rainbow nation’ as Muslims as a religious-cultural category, and not as ‘Malays’, an ethnic category, while simultaneously claiming their belonging to the global umma (Muslim community)

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Dissertations / Theses on the topic 'Muslim women (Islamic law)'

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