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1
Salaymeh, Lena. "Imperialist Feminism and Islamic Law." Hawwa 17, no. 2-3 (October 23, 2019): 97–134. http://dx.doi.org/10.1163/15692086-12341354.
Повний текст джерелаАнотація:
Abstract This article presents three arguments about defects in imperialist feminism. First, I show that imperialist feminists engage in decontextualized comparisons: they consistently compare Western women to the Muslimwoman, without comparing Muslim men and women or comparing non-Muslim men and women. These inconsistent comparisons are the source of significant misrepresentations of Muslim women. Second, I propose that imperialist feminists view Muslim women through the heteronormative male gaze. That is, when imperialist feminists assess Muslim women’s practices, they implement the normative assumptions of heterosexual males in the West. Third, I argue that imperialist feminists incorrectly presume that Western women enjoy full autonomy or fail to recognize that women everywhere do not enjoy full autonomy. I present medieval Islamic legal ideas about a wife’s right to sexual fulfillment as evidence that the liberal myth of autonomy is not translatable to orthodox Islamic jurisprudence.
2
Ahangar, Mohd Altaf Hussain. "Succession Rights of Muslim Women in the Modern World: An Analytical Appraisal." Arab Law Quarterly 28, no. 2 (July 10, 2014): 111–35. http://dx.doi.org/10.1163/15730255-12341275.
Повний текст джерелаАнотація:
Islam allows women the right to succession on the principle of a double share to a man and a single share to a woman. This principle is in reality an improvement on the operating law even in the 19th century wherein women were totally excluded from succession. Presently all Muslims are not governed by a uniform succession law. There are Muslim countries where the Shari‛ah is followed in theory while in reality a woman is excluded from inheritance. There are Muslim countries where Muslim women are allowed equal succession rights with men. Most non-Muslim countries have a uniform law of succession for all its citizens. This article addresses the question as to whether the modern law operating particularly in non-Muslim countries in comparison to Islamic law does better justice to nearer female heirs.
3
Hidayat, M. Taufiq, Ali Nu'man, Ashabul Yamin, Hafidh Hafidh, and Kasuwi Saiban. "Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama." ARZUSIN 3, no. 1 (February 1, 2023): 11–27. http://dx.doi.org/10.58578/arzusin.v3i1.822.
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This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.
4
Sportel, Iris. "Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands." Religion and Gender 7, no. 1 (February 19, 2017): 53–69. http://dx.doi.org/10.18352/rg.10211.
Повний текст джерелаАнотація:
In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political discourses on Islam, family law and women’s rights. While in public and political debates, Islamic family laws are frequently thought to be women-unfriendly, this article shows that the encounter between Islamic family laws and Dutch law often has severe impact on the position of Muslim men living in the Netherlands.
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Tahiri, Halima. "Interfaith marriage in Islam: a feminist approach toward the Qu'ranic ethics of Islamic marriage." iQual. Revista de Género e Igualdad, no. 7 (February 21, 2024): 85–103. http://dx.doi.org/10.6018/iqual.564761.
Повний текст джерелаАнотація:
According to Islamic law regardless of the school of thought, intermarriage is prohibited, except in the case of a Muslim man marrying a scriptural woman (Kitabiya). A Muslim woman may not marry a non-Muslim man, while a Muslim man may marry a non-Muslim woman (people of the book, including Christianity and Judaism). For Muslim scholars, there is a room for exception in which Muslim women may marry non-Muslim men, and this exception can occur only under one condition: the convergence of non-Muslim men into Islam. However, Feminist scholars and thinkers such as Asma Barlas 2002, Asma Lamrabat 2016, and Amina Wadud 1999 argued that these rules seem more restrictive to both Muslim women and non-Muslim men who wish to marry, and that the arguments used by Muslim thinkers and often adopted and followed by ordinary Muslims to justify the continued acceptance of these rules are incompatible with women’s rights and freedom. For them, Muslim women should have a marital choice similar to their Muslim male counterparts. The goal of this research paper is to critically discuss the sources from which this rule is derived, and the process through which it is interpreted by feminist thinkers and Muslim scholars.
6
Saepullah, Usep. "The Inter-Religious Marriage in Islamic and Indonesian Law Perspective." Jurnal Ilmiah Peuradeun 7, no. 1 (January 30, 2019): 43. http://dx.doi.org/10.26811/peuradeun.v7i1.317.
Повний текст джерелаАнотація:
The phenomenon of inter-religious marriage is problematic, controversial, and resulted debate among Muslim and non-Muslim relationship in Indonesia. It also not only becomes the social conflict among Muslim and non-Muslim couples, but also pro and contra among the others such as family and society. In the classical Islamic marriage law discourse (fiqh al-munakahat), there are two kinds of inter-religious marriage, namely marriage between Muslim men with non-Muslim women and marriage between non-Muslim men with Muslim women. Some Muslim scholars said that Muslim men allowed marrying non-Muslim women and non-Muslim men prohibited marrying Muslim women, which the reason is based on the concept of polytheists and the group of experts (Kitabiyyah). In contrast, some Muslim scholars in Indonesia rejected inter-religious marriage based on the reason that it has been changed and regulated under Marriage Law Number 1 of 1974 and President Regulation Number 1 of 1991 on Islamic Law Compilation. One the one hand, the phenomenon of inter-religious marriage is an interesting phenomenon in the society and on the other hand it will become the legal implication to the inheritance and children care rights in Islamic and Indonesian law perspective. Therefore, the aim of this paper is to examine comprehensively about the legal status of inter-religious marriage in Islamic and Indonesian law perspective, including its legal implication to the inheritance and children care rights.
7
Subramanian, Narendra. "Islamic Norms, Common Law, and Legal Reasoning: Muslim Personal Law and the Economic Consequences of Divorce in India." Islamic Law and Society 24, no. 3 (June 9, 2017): 254–86. http://dx.doi.org/10.1163/15685195-00243p03.
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Two major judgments of the Indian Supreme Court that awarded Muslim women alimony had very different consequences: Shah Bano (1985) evoked extensive conservative Muslim protest that led to legislation meant to limit alimony among Muslims, while Danial Latifi (2001) faced no overt opposition and was not overturned. These consequences were related to the sources and modes of reasoning used. Shah Bano independently interpreted Qurʾanic verses, suggested that commonly applicable laws may override religious law provisions, and called for uniform family laws. Danial Latifi relied solely on statutes of Indian Muslim law and Islamic norms. It thus followed the Indian state’s usual approach to personal law, which is sensitive to public preference that family life should be regulated according to religious and other cultural norms. However, public opinion provided support to change Muslim law earlier than the 1970s. More extensive changes could be introduced over the next decade in Muslim law based on Islamic norms and Muslim opinion.
8
Wood, Asmi John. "The Position of the Niqab (the Face Veil) in Australia under Australian and Islamic Laws." American Journal of Islamic Social Sciences 29, no. 3 (July 1, 2012): 106–51. http://dx.doi.org/10.35632/ajiss.v29i3.321.
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The Sayed Case in the District Court of Western Australia required the court to decide on the issue of a witness in niqab. The defendant, in this case a Muslim man, said that a prosecution witness wearing niqab created a disadvantage for the defense and wanted her to provide her testimony without a face veil. While this is a narrow characterization of the issue for the court, the case sparked much controversy including calls for the government to regulate forms of Muslim women’s dress as was the case in France and Belgium. At present, while many Muslim women in Australia do not cover either their hair or face, the common law and statute do not prescribe or proscribe any form of dress for Australians. The call by some Muslims, such as in the Sayed Case, for the imposition of limits on Muslim dress, employs the scholarship of foreign Muslims who they support. This paper calls for the rejection of such prescriptive formulations of both Australian law and the local expressions of Islamic law. Others such as Katherine Bullock, an Australia Muslim academic, support women’s choice in the broadest terms ‒ and this paper supports the primary sources of Islam, the traditional Islamic scholarship, and is deeply acculurated in the Australian ethic of personality autonomy and choice for all, including Muslims women. While they are both independent works, both Bullock’s work and the common law as articulated by the judge in the Sayed Case are strongly supportive of allowing women the choice of covering themselves. This paper contends that Australian common law, as confirmed in the Sayed Case, is reflective of a broader Muslim consensus and should be retained as the status quo.
9
Wood, Asmi John. "The Position of the Niqab (the Face Veil) in Australia under Australian and Islamic Laws." American Journal of Islam and Society 29, no. 3 (July 1, 2012): 106–51. http://dx.doi.org/10.35632/ajis.v29i3.321.
Повний текст джерелаАнотація:
The Sayed Case in the District Court of Western Australia required the court to decide on the issue of a witness in niqab. The defendant, in this case a Muslim man, said that a prosecution witness wearing niqab created a disadvantage for the defense and wanted her to provide her testimony without a face veil. While this is a narrow characterization of the issue for the court, the case sparked much controversy including calls for the government to regulate forms of Muslim women’s dress as was the case in France and Belgium. At present, while many Muslim women in Australia do not cover either their hair or face, the common law and statute do not prescribe or proscribe any form of dress for Australians. The call by some Muslims, such as in the Sayed Case, for the imposition of limits on Muslim dress, employs the scholarship of foreign Muslims who they support. This paper calls for the rejection of such prescriptive formulations of both Australian law and the local expressions of Islamic law. Others such as Katherine Bullock, an Australia Muslim academic, support women’s choice in the broadest terms ‒ and this paper supports the primary sources of Islam, the traditional Islamic scholarship, and is deeply acculurated in the Australian ethic of personality autonomy and choice for all, including Muslims women. While they are both independent works, both Bullock’s work and the common law as articulated by the judge in the Sayed Case are strongly supportive of allowing women the choice of covering themselves. This paper contends that Australian common law, as confirmed in the Sayed Case, is reflective of a broader Muslim consensus and should be retained as the status quo.
10
Maulana, Achmad Bilal, and Muh Jufri Ahmad. "TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PERKAWINAN BEDA AGAMA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 1068–88. http://dx.doi.org/10.53363/bureau.v2i3.82.
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This writing aims to examine the similarities and differences between Islamic legal perspectives and positive legal perspectives on marriage problems of different religions or beliefs. The method used is qualitative, with a comparative approach. Literature study or literature study, which contains studies of relevant theories with interfaith marriage problems. This writing is normative formal juridical and also includes descriptive research, in studying Islamic principles, interfaith marriages are divided into three parts: marriage between Muslim men and girls who are not Muslim (Non-Muslim), marriage between Muslim men and women. Kitab, and the marriage of Muslim women to women. Men who are not Muslim (Non-Muslim). From a regulatory perspective, law enforcement is not strengthened in Indonesia, therefore Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI) is a constitutional law that prohibits other marriages. Therefore, the Office of Religious Affairs (KUA) and Marriage at the Civil Office (KCS) does not want to carry out different marriage administration data collection.
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Ferdousi, Nahid. "PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW." Malaysian Journal of Syariah and Law 9, no. 2 (December 31, 2021): 173–80. http://dx.doi.org/10.33102/mjsl.vol9no2.246.
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Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as the Muslim personal law in Bangladesh.
12
Rinaldo, Rachel. "Obedience and Authority among Muslim Couples: Negotiating Gendered Religious Scripts in Contemporary Indonesia." Sociology of Religion 80, no. 3 (December 10, 2018): 323–49. http://dx.doi.org/10.1093/socrel/sry045.
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AbstractThis study of Muslim married couples in Indonesia shows that religiously justified scripts about wives’ obedience and husbands’ household authority are ways of accomplishing gender as well as achieving status as good Muslims. Such scripts are amplified by a context in which a version of Islamic family law that envisions women as primarily domestic and men as household authorities and breadwinners has been institutionalized. However, this vision is also being challenged by women’s increasing educational attainment as well as competing egalitarian discourses of gender in Islam. The gendered religious scripts used by Muslim couples compensate for social changes that threaten to reshape both domestic and public life. I propose that how Muslim men and women talk about their marriages and households has become a key mechanism for accomplishing modern Muslim gender identities in a context where men’s authority is at risk. These dynamics may be especially prevalent in Muslim contexts where Islamic law is becoming more institutionalized in state bureaucracies and everyday life.
13
Insani, Nur, Zumiyati Sanu Ibrahim, Suud Sarim Karimullah, Yavuz Gönan, and Sulastri Sulastri. "Empowering Muslim Women: Bridging Islamic Law and Human Rights with Islamic Economics." De Jure: Jurnal Hukum dan Syar'iah 16, no. 1 (June 25, 2024): 88–117. http://dx.doi.org/10.18860/j-fsh.v16i1.26159.
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This intersectional study investigates the harmonisation of Islamic law and human rights in the context of empowering Muslim women through Islamic economics. This study applies an intersectional approach in carrying out the library research method with literature analysis carried out integratively and comprehensively to explore and review various literature sources relevant to the research topic, including journal articles, books, research reports, policy documents, and other related sources of information. The results show that harmonisation between Islamic law and human rights in empowering Muslim women through Islamic economics significantly impacts achieving gender equality and supporting sustainable development. The complexity of Muslim women's identities influenced by factors such as religion, gender, and social class demands a holistic and integrated policy approach in the economy. While the Islamic economy offers great potential to enhance the role of women as agents of change and key drivers of economic development, the incompatibility between Islamic law and human rights conventions and issues of gender inequality points to the need for more inclusive legal and policy reforms. Identifying and recognising these challenges underscores the importance of adopting a comprehensive and coordinated approach. Specific measures that need to be strengthened include inter-agency cooperation, legal and policy reforms to support better gender equality, capacity building of women in the Islamic economic sector, and raising public awareness on the importance of women's empowerment. As such, this study enriches the academic literature and offers practical guidance for policymakers, stakeholders in the Islamic economy, and the general public in advocating and implementing effective and sustainable women's empowerment.
14
Dequen, Jean-Philippe. "Justice for Muslim Women in India: the sinuous path of the All India Muslim Women Personal Law Board1." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 3 (December 1, 2015): 81–95. http://dx.doi.org/10.7146/nnjlsr.v0i3.111107.
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Muslim Women movements in India have been very active in the past decade, attracting attention both in the Sub-Continent and beyond. This article vows to present a particular trend of this activism centred on the legal sphere, moreover within the frame of the Muslim personal law system and its non-State adjudicative bodies. Through the All India Muslim Women Personal Law Board (AIMWPLB), it will present the example of an attempt to challenge the ‘patriarchal’ legal discourse on Islamic Law by procuring an alternative dispute resolution forum specifically aimed at Muslim women’s issues, as well as advocating for a more gender equal interpretation of the Quran through the prism of ‘Islamic Feminism’. However, it will show that despite its President’s tremendous efforts, the AIMWPLB’s scope remains limited. Although establishing a somewhat successful mediation centre in the Lucknow area, it has for the moment failed to extend its reach in the rest of the Indian Territory. Likewise, its particular discourse on Islamic Law has had but little influence on its overall application in India, and paradoxically could even be counter-productive towards its progression towards a gender equalitarian interpretation.
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Wulandari, Wahyuni Retno. "Egalitarianism: Consciousness-Raising In Women’s Position In The Islamic Family." SASI 28, no. 3 (October 13, 2022): 447. http://dx.doi.org/10.47268/sasi.v28i3.1021.
Повний текст джерелаАнотація:
Introduction: The Muslim community in the world, including in Indonesia, perceives Islamic family law as very patriarchal. This is because in the discussion related to Islamic family law, it only refers to Al QS. AN-Nisa [4]: 34,which translates women's subordination from men..Purposes of the Research: The purpose of writing this article is to describe a different side of Islamic family law which is always narrated by gender bias by the community, including the Muslim community itself, both in interpretation and even in its implementation carried out in a patriarchal manner. In fact, Al QS. Al-Hujuraat [49]: 13 implies that the rights and obligations of women and men on this earth are purely egalitarian.Methods of the Research: Normative research with the consciousness raising method is in the form of a communication approach related to the position of women in Muslim families, with a communication approach in Muslim communities related to critical awareness to add knowledge of actualization of Muslim communities in Islamic family law which actually does not burden women.Results of the Research: That the excess of men over women must be interpreted as that men are responsible for the maintenance and/or regulation of household affairs, not as rulers, supervisors or superiors of women. So it can be concluded that the concept of a man being the head of the family and a woman being a housewife as conceptualized by Article 31 of the Marriage Law and Article 79 of the KHI is no longer relevant at this time considering that based on the experience of women themselves and data showing an increase in the number of women family heads and women filing for divorce from year to year. As well as the fact that the wife helps her husband to prosper the family and even has to double burden because of it, must also be aware of his independence and not feel isolated because there are economic rights that they must obtain according to the efforts they have done as QS anNisa: 32.
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Habudin, Ihab. "DISKURSUS FEMINISME DALAM HUKUM KELUARGA ISLAM PADA SITUSWEB ISLAM INDONESIA: RESPONS KELOMPOK ISLAM KONSERVATIF DAN ISLAM MODERAT." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 1 (August 29, 2020): 99. http://dx.doi.org/10.14421/ahwal.2019.12108.
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This article discusses intensively the discourse between those who support and against feminism within Indonesian Muslims. The two groups are represented by almanhaj.or.id and islami.co. The author compares three fundamental aspect of feminis legal theory: the position of men and women in Islamic family law; assumptions and relationship towards men and women; and accommodation of womaen’s experiences in law. From the three fundamental aspects, the author conclude that almanhaj.or.id is a Muslims’ website which understand women as object of law which are different with men and promote conservatism and anti-feminism, while islami.co represents Muslims’ website which understand women as subject of law which are equal with men and promote moderatism and feminism in understanding of Islamic Family Law. Artikel ini mendiskusikan secara intensif diskursus antara kelompok yang mendukung dan menetang feminisme di kalangan Muslim Indonesia. Dua kelompok tersebut direpresentasikan melalui situs almanhaj.or.id dan islami.co. Penulis membandingkan tiga aspek fundamental dalam Teori Hukum Feminis, yaitu: kedudukan laki-laki dan perempuan dalam hukum keluarga Islam; asumsi dan relasi antara laki-laki dan perempuan; dan akomodasi hukum terhadap pengalaman permpuan. Dari ketiga aspek itu, penulis menyimpulkan bahwa almanhaj.or.id merupakan sebuah website Muslim yang memahami perempuan sebagai objek hukum yang berbeda dengan laki-laki dan mempromosikan konservativisme dan anti-feminisme, sementara itu islami.co merepresentasikan website Muslim yang memahami perempuan sebagai subjek hukum yang setara dengan laki-laki dan mempromosikan moderatisme dan feminisme dalam memahami hukum keluarga Islam.
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Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (July 10, 2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.
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On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.
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Witary, Aprillia Indah, and M. Yunan Yusuf. "Pembelajaran Madzhab dalam Islam dan Implementasinya pada Pengajaran Menutup Aurat Bagi Siswi Kelas X-E SMAN 74 Jakarta." IQ (Ilmu Al-qur'an): Jurnal Pendidikan Islam 7, no. 01 (June 12, 2024): 112–27. http://dx.doi.org/10.37542/iq.v7i01.1737.
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Women are one of God's most glorified creations. Therefore, women are obliged to cover their private parts in order to maintain the honor that Allah has bestowed on them. For every Muslim woman who has reached the age of puberty, hiding or covering her private parts is mandatory. However, basically the majority of class X-E students at SMAN 74 Jakarta still do not implement this optimally. The aim of this journal is twofold: first, to find out how well the female students of X-E SMAN 74 Jakarta understand the importance of covering their private parts according to Islamic law; and second, increasing awareness of the importance of carrying out religious commands by finding out how well the female students of X-E SMAN 74 Jakarta understand the importance of covering their private parts according to Islamic religious law. This research uses descriptive qualitative research techniques based on field observations. It is believed that this research can be a reference source for readers, especially Muslim women, so that they always cover their private parts. This is in line with Islamic teachings, which aim to uphold high moral standards and maintain the privileges given to Muslims.
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Shabana, Ayman. "Empowerment of Women Between Law and Science." Hawwa 15, no. 1-2 (November 3, 2017): 193–218. http://dx.doi.org/10.1163/15692086-12341327.
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Abstract This paper examines the role of biomedical technology in reconstructing traditional gender roles in the Muslim world. It questions the neutrality of this technology and explores the extent to which various applications of genetic and reproductive technologies can be used either to enhance or diminish gender equality. It concentrates on Islamic normative discussions surrounding pre-marital genetic testing and sex selection and emphasizes the role of these discussions for the proper accommodation of these technologies within the Muslim context.
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Jaraba, Mahmoud. "The Practice of Khulʿ in Germany: Pragmatism versus Conservativism". Islamic Law and Society 26, № 1-2 (1 січня 2019): 83–110. http://dx.doi.org/10.1163/15685195-02612a01.
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AbstractIn this article, I examine how Muslim women who ae religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage. Because there is no Muslim state authority to consult, local imams and Islamic leaders can resort to a community-led practice known as khulʿ (divorce initiated by the woman) to dissolve an Islamic marriage (nikāḥ) that is not recognized by civil authorities. In this article, which is the culmination of three years of fieldwork in Germany, I analyze and interpret the views and practices of two groups of religious actors - conservatives and pragmatists - towards khulʿ in cases of nikāḥ. I find that conservatives only permit a woman to divorce through khulʿ with her husband’s consent, whereas pragmatists use Muslim minority jurisprudence (fiqh al-aqalliyyāt al-Muslima) to argue that the husband’s consent is not essential to legitimize a khulʿ pronouncement.
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VATUK, SYLVIA. "Islamic Feminism in India: Indian Muslim Women Activists and the Reform of Muslim Personal Law." Modern Asian Studies 42, no. 2-3 (March 2008): 489–518. http://dx.doi.org/10.1017/s0026749x07003228.
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AbstractI describe here a nascent ‘Islamic feminist’ movement in India, dedicated to the goal of achieving gender equity under Muslim Personal Law. In justifying their demands, these women activists refer neither to the Indian Constitution nor to the universalistic human rights principles that guide secular feminists campaigning for passage of a gender-neutral uniform civil code of personal law, but rather to the authority of the Qur'an—which, they claim, grants Muslim women numerous rights that in practice are routinely denied them. They accuse the male ‘ulamaof foisting ‘patriarchal’ interpretations of the Qur'an on the unlettered Muslim masses and assert their right to read the Qur'an for themselves and interpret it in a woman-friendly way. Their activities reflect an increasing ‘fragmentation of religious authority’ in the globalizing Muslim world, associated with the spread of mass education, new forms of media and transport and a mobile labour force, in which clerical claims to exclusive authoritative knowledge are being questioned by a wide variety of new voices, women's among them. Whether it can ultimately succeed is an open question but the movement is clearly having an impact, even on the clerical establishment itself, insofar as the legal issues it considers most pressing for women are concerned.
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Roose, Joshua M. "The New Muslim Ethical Elite: “Silent Revolution” or the Commodification of Islam?" Religions 11, no. 7 (July 10, 2020): 347. http://dx.doi.org/10.3390/rel11070347.
Повний текст джерелаАнотація:
Very little research has examined the emergence of Western Muslims into the elite professions that are central to the operation of the capitalist free market and that serve as a central location of economic and political power. Less research still has examined how this is shaping citizenship among Muslims and the future of Islam in the West. These professions include finance, trade and auditing and supporting free market infrastructure including commercial law, consulting and the entrepreneurial arms of government public service. Many Muslim men and women in these professions maintain a commitment to their faith and are often at the forefront of identifying opportunities for the application of Islamic principles to the free market through the development of social engineering mechanisms such as Islamic finance and home loans, Islamic wills, marriage contracts, businesses and context-specific solutions for Muslim clients. These may have a potentially profound impact on belonging and practice for current and future generations of Western Muslims. The political and economic clout (and broader potential public appeal) of these new Muslim elites often significantly outweighs that of Imams and Sheikhs and thus challenges traditional textually based Islam. This article, grounded in empirical research, seeks to build upon very limited research looking at Muslim elites, exploring these developments with specific reference to professionals working in Islamic finance and law across the Western contexts of Australia and the United States, two countries with capitalist free markets and significant Muslim minorities.
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Bangura, Ahmed Sheikh. "Islamic Society in Practice." American Journal of Islam and Society 13, no. 3 (October 1, 1996): 409–10. http://dx.doi.org/10.35632/ajis.v13i3.2303.
Повний текст джерелаАнотація:
Islamic Society in Practice is written in a new tradition of Westernscholarship on Islam that seeks to represent an alternative view to that ofOrientalism. The author sets out to analyze Islam as lived and practiced ineveryday life, and brings out the human dimension of a region and a religioustradition that largely have been stereotyped in the West. Withoutadvocating conversion or the blurring of differences, she argues thatapproaching Islamic and Arab cultures on their own terms and recognizingtheir strengths and weaknesses will produce the crosscultural understandingnecessary for world peace in the twenty-first century.The book, the result of more than two decades of research and over fiveyears of residence in Khartoum, Cairo, and Tunis, covers a wide range ofsubjects. Among these are the five pillars of Islam, Islamic values andsocial practice, family and gender relations, the ongoing debate on thereform of family law, Islamic identities in a changing world, and the sociopoliticaldimensions of contemporary Islamic movements.The author's study of Islam and her residence among and closeinteraction with Muslims accorded her considerable access to Islamicculture and enabled her to debunk tenured stereotypes. She gives a veryintimate picture of the ethos of Muslim societies and pays special attentionto the structure of the extended Muslim family and the status ofwomen in Islamic societies. In a bid to explode the myth of theoppressed Muslim woman, she goes beyond facile observations to lookat the deeper social and ethical logic that informs apparent genderbaseddiscrepancies in Islamic laws and practices. She also documentsfacts about the strides that Muslim women have been making that nevermake it to the headlines: For instance, many major universities in theMiddle East, such as Cairo University, have about 50 percent femalestudents, and until recently, there was a greater proportion of femalemedical doctors and engineers in Arab Muslim societies than in theWest ...
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Haque, Muhammad Faizul, Sohirin Mohammad Solihin, Nadzrah Ahmad, and Mohd Shah Jani. "Women Rights to Inheritance in Muslim Family Law: An Analytical Study." International Journal of Islamic Business & Management 4, no. 1 (April 13, 2020): 15–26. http://dx.doi.org/10.46281/ijibm.v4i1.543.
Повний текст джерелаАнотація:
Rights of women are one of the widely discussed yet debatable issues across the Western and Muslim world. It is seen in the Muslim societies that many women are deprived in terms of inheriting property after the demise of their parents. This is largely happening due to the negligence of practicing Islamic teachings regarding inheritance at individual and family level. However, Islam has placed a dignified position for women in family and society in all sectors. Particularly the principle of inheritance of property has been clearly stated in the holy Qur’an. In this background, this paper emphasises on exploring (a) Qur’anic and Prophetic stand on women’s right to inheritance, (b) the main obstacles that impede women in getting inheritance rights in family and its remedies from the Islamic perspectives. This paper adopts an analytical approach to study this vital issue. Under this approach, the study analyses the relevant data from the two fundamental sources of Islam, Qur’an and Sunnah, along with jurisprudential views and provides solutions to solve the problems related to Muslim women’s inheritance right in family. Findings of this paper indicated that if the Muslim family practices the Islamic teachings regarding the distribution of inheritance among the heirs, it will eradicate the existing discrimination among men and women in this regard and enable women’s financial steadiness in family and society.
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Moors, Annelies, Martijn de Koning, and Vanessa Vroon-Najem. "Secular Rule and Islamic Ethics: Engaging with Muslim-Only Marriages in the Netherlands." Sociology of Islam 6, no. 3 (September 25, 2018): 274–96. http://dx.doi.org/10.1163/22131418-00603002.
Повний текст джерелаАнотація:
From the mid-2000s, Dutch policy makers, the media, and others have started to define Muslim-only marriages as a problem. This contribution unpacks a recent hype, when a Dutch TV station broadcasted the conclusion of a polygamous marriage at a mosque, while simultaneously the largest right-wing political party presented an initiative to further criminalize Muslim-only marriages. In both the TV program and the policy initiative, the same feminist organization, Femmes for Freedom, was involved. Using liberal arguments such as freedom of partner choice to limit the freedom of a religious minority, interestingly, the dividing lines were neither between Muslims and non-Muslims, nor between more ‘mainstream’ and more ‘Salafi-oriented’ mosques. Arguing for the need to protect women, many supported the current Dutch law demanding that couples conclude a civil marriage prior to a religious marriage, as the former would protect women better, while others called for better educating Muslims about women’s rights in Islam. Whereas the voices of women in Muslim-only marriages were not heard, our research with converts entering into polygamous marriages indicates that they may opt for these marriages themselves with their main concerns centering on the equal treatment of wives and men’s openness about polygamy.
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De, Rohit. "Mumtaz Bibi's broken heart." Indian Economic & Social History Review 46, no. 1 (January 2009): 105–30. http://dx.doi.org/10.1177/001946460804600106.
Повний текст джерелаАнотація:
This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the Dissolution of Muslim Marriages Act in 1939. The Act was a radical piece of social legislation that gave South Asian Muslim women greater rights for divorce than those enjoyed by other women in India and Britain. Instead of placing women's rights and Islamic law as opposed to each other, the legislation employed a heuristic that guaranteed women's rights by applying Islamic law, allowing Muslim politicians, ulama and women's groups to find common ground on an Islamic modernity. By interrogating the legislative process and the rhetorical positions employed to achieve this consensus, the paper hopes to map how the women's question was being negotiated anew in the space created in the legislatures. The legislative debate over family law redefined the boundaries of the public and the private, and forced nationalists to reconsider the ‘women's question’. The transformation of Islamic law through secular legislation also gave greater licence to the courts in their interpretation, and widened the schism between traditional practitioners of fiqh and modern lawyers.
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Hass, Bat-sheva. "The Burka Ban: Islamic Dress, Freedom and Choice in The Netherlands in Light of the 2019 Burka Ban Law." Religions 11, no. 2 (February 18, 2020): 93. http://dx.doi.org/10.3390/rel11020093.
Повний текст джерелаАнотація:
This article, part of an evolving and large project, examines the relationship between clothing, freedom and choice, and specifically Islamic dress in shaping the identity of Dutch Muslim women after the Burka Ban that was voted into law on 1 August 2019 in the Netherlands. It discusses the debates before and after this date, as well as the background to the ban. A veil covering the face is a garment worn by some Muslim women to adhere to an interpretation of hijab (modest dress). It can be referred to as a burqa or niqab. In the aftermath of the Burka Ban that prompted considerable public alarm on the part of Muslim men and women, niqab-wearing women, as well as women who do not wear a veil, but are in solidarity with their niqabi sisters, raised a number of questions that form the basis for the analysis presented here: how do Dutch Muslim women shape their identity in a way that it is both Dutch and Muslim? Do they incorporate Dutch parameters into their Muslim identity, while at the same time weaving Islamic principles into their Dutch sense of self? The findings show how Islamic clothing can be mobilized by Dutch Muslim women to serve identity formation and personal (religious) choice in the Netherlands, where Islam is largely considered by the non-Muslim population to be a religion that is oppressive and discriminatory towards women. It is argued that in the context of being Dutch and Muslim, these women express their freedom of choice through clothing, thus pushing the limits of the archetypal Dutch identity and criticizing Dutch society while simultaneously stretching the meaning of Islam to craft their own identity.
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Baykal, Sahin. "Muslim Women Travelling Alone." Religions 14, no. 12 (November 23, 2023): 1456. http://dx.doi.org/10.3390/rel14121456.
Повний текст джерелаАнотація:
Whether women can travel alone has been debated for centuries in Islamic law. This article examines the Islamic legal principles concerning women travelling alone, whether it be for Hajj (pilgrimage to Mecca) or any journeys. Despite the explicit Quranic order about the duty of Hajj for all believers, depending upon the fulfilment of specific conditions, Sunni scholars have introduced additional criteria, particularly related to women, which have led to the establishment of gender-specific regulations. These interpretations are based on the ḥadīth of the Prophet rather than explicit verses from the Qur’an. The view that prevents women from travelling alone has gained dominance among Sunni scholars, and a maḥram (a male relative) becomes a requirement for a journey. However, Ibn Ḥazm of Cordoba (d. 1064) presents an opposing perspective that significantly differs from this consensus. Ibn Ḥazm believes that women can travel and participate in the Hajj without a maḥram, emphasising the importance of Hajj as a personal responsibility in terms of the religious obligation. This article provides a comprehensive analysis of the ḥadīth concerning women’s travel alone, the varying opinions of Sunni scholars, and the distinctive position adopted by Ibn Ḥazm. The text explains that Ibn Ḥazm’s analysis mainly based on a preference for reasonable arguments and egalitarian principles, prioritising them over literal interpretations of the ḥadīths regarding the topic.
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Julianto, Rendi, Muhammad Hasan, and Arif Wibowo. "PANDANGAN KEPALA KANTOR URUSAN AGAMA (KUA) MELAWI TERHADAP FENOMENA PERNIKAHAN BEDA AGAMA DI KABUPATEN MELAWI." Al-Usroh 3, no. 1 (July 27, 2023): 94–106. http://dx.doi.org/10.24260/al-usroh.v3i1.915.
Повний текст джерелаАнотація:
The purpose of this study was to find out: 1) To find out the views of the head of the office of religious affairs (kua) melawi on interfaith marriages between Muslim men and non-Muslim women. 2) To find out the views of the head of the office of religious affairs (kua) Melawi on interfaith marriages of non-Muslim men and Muslim women. Primary data source Head of Religious Affairs Office (KUA) Melawi. This study uses interview data collection techniques. Meanwhile, data analysis by reducing the very basic things is then summarized to be presented in the form of a narrative. So that it can be concluded, the data is also checked for validity by triangulating sources. The results showed: 1) The views of the head of the Office of Religious Affairs (KUA) Melawi on interfaith marriages, where Muslim men marry non-Muslim women, namely that there are those who state that it is not permissible based on QS Al-Baqarah 221, Law Number 16 of 2019 Amendments to Law Number 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa concerning interfaith marriages. In addition, there are also those who say that marriage is permissible as long as it is with an ahlul Kitab based on QS Al-Maidah 5, and the jurists of 4 schools of law allow interfaith marriages with an ahlul Kitab. 2) The view of the head of the Office of Religious Affairs (KUA) melawi on interfaith marriages for non-Muslim men marrying Muslim women. All heads of KUA Melawi agree that interfaith marriages for Muslim men marrying non-Muslim women are illegal and unlawful based on QS Al-Baqarah 221, QS Al-Mumtahanah 10, Law No. 16 of 2019 Amendments to Law No. 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa on interfaith marriages.
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Chotimah, Chusnul, and Arifah Millati Agustina. "THE ISLAMIC FEMINISM: A Methodological Reconstruction of Contemporary Islamic Era." Al-Tahrir: Jurnal Pemikiran Islam 19, no. 2 (November 14, 2019): 261–78. http://dx.doi.org/10.21154/altahrir.v19i2.1742.
Повний текст джерелаАнотація:
Abstract: Feminism always be a favorable discussion among academics. It is supported by the increasing blending of non-dichotomous intellectual and study area, between the pure-Islamic studies and anti-Islamic studies. The studies were started to be integral since the 19th century marked by the emergence of the various Islamic studies. Muslim scholars have conducted research on women from various perspectives, family-law, and humiliation in the society. The study of women has attracted attention of international Muslim scholar that respond to the methodological reconstruction. It occurred due to the concern of women existence especially for women who require a distinct protection. This paper employed a historical-methodological approach which analysed the views of two Muslim scholars which are well-known with western education and concern about women’s issues, namely Khaled Abou el Fadl who reviewed the notes on the fatwa of the middle eastern scholars at the CRLO institutions (council for scientific research and legal opinion) and Ziba Mir Hosseini who studies about the sacredness and profanity of Islamic law, especially the position of women in family law.الملخص: إن الحديث عن المساواة بين الجنسين حديث جذّاب عند الأكاديميين. هذا الواقع مؤيّد بارتقاء الثقافة الأكاديمية وعدم التفريق بين الدراسات الإسلامية المحضة وما في خارجها. بدأ أن اتّحدت العلوم في القرن التاسع عشر بظهور أنواع العلوم الإسلامية. ثمة من العلماء المسلمين قاموا بالدراسات عن النساء من وجهات نظر متعددة بداية من مكانتها في فقه الأحوال الشخصية، ووصمة عار المجتمع، بل وإن الدراسات عن النساء تثير اهتمام الخبراء المسلمين في المستوى العالمي وتدفعهم إلى إعادة البناء المنهجي. هذه الحالة نوع من اهتمام الخبراء المسلمين تجاه النساء لكونهن في حاجة إلى الرعاية الخاصة ولكثرة الحديث عن وجودهن. استخدم هذا المقال المدخل التاريخي المنهجي ويناقش رأي العالمين المسلمين المعاصرين الكائنين في لب التربية الغربية ومهتمين تجاه قضايا النساء ( خالد أبو فضل وزبا مر حسين) . انتقد خالد الفتاوى التى أصدرها علماء الشرق الأوسط في مؤسسة CRLO (council for scientific research and legal opinion) ، وزيبا قامت بدراسة قدسية الأحكام الإسلامية، خاصة مكانة المرأة في فقه الأحوال الشخصية.Abstrak: Feminisme merupakan kajian kontemporer yang selalu hangat dibicarakan di tengah-tengah insan akademik. Hal ini didukung oleh semakin meningkatnya budaya intelektual dan wilayah kajian yang non dikotomis, antara kajian Islam murni dengan pengetahuan di luarnya. Keilmuan mulai bersifat integral sejak abad ke-19 yang ditandai dengan munculnya berbagai keilmuan Islam. Banyak intelektual Islam yang melakukan penelitian tentang perempuan dari berbagai sudut pandangnya, mulai kedudukannya dalam hukum keluarga, stigma masyarakat, bahkan kajian mengenai perempuan menyita perhatian Muslim scholar Internasional yang menciptakan respon Muslim scholar kontemporer untuk melakukan rekonstruksi metodologis. Tindakan ini adalah bentuk kepedulian Muslim scholar terhadap perempuan yang keberadaannya banyak diperbincangkan dan memerlukan perlindungan khusus. Artikel ini dengan menggunakan pendekatan historis-metodologis mengulas pandangan dua intelektual Islam kontemporer yang berjibaku dengan pendidikan Barat, dan konsen terhadap isu-isu perempuan, yaitu Khaled Abou el Fadl yang memberikan catatan terhadap fatwa Muslim scholar Timur Tengah dalam lembaga CRLO (council for scientific research and legal opinion) dan Ziba Mir Hosseini yang melakukan kajian sakralitas dan profanitas hukum Islam, terutama kedudukan perempuan dalam hukum keluarga.
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Howell, Julia Day. "Sufism and the Indonesian Islamic Revival." Journal of Asian Studies 60, no. 3 (August 2001): 701–29. http://dx.doi.org/10.2307/2700107.
Повний текст джерелаАнотація:
Like other parts of the muslim world, Indonesia has experienced an Islamic revival since the 1970s (cf. Hefner 1997; Jones 1980; Liddle 1996, 622–25; Muzaffar 1986; Schwarz 1994, 173–76; Tessler and Jesse 1996). To date, representations of Indonesia's Islamic revival have featured forms of religious practice and political activity concerned with what in the Sufi tradition is called the “outer” (lahir) expression of Islam: support for and observance of religious law (I.syariah, A.syari'at), including the practice of obligatory rituals. Thus commonly mentioned as evidence of a revival in Indonesia are such things as the growing numbers of mosques and prayer houses, the increasing popularity of head coverings (kerudung, jilbab) among Muslim women and school girls, the increasing usage of Islamic greetings, the more common sight of Muslims excusing themselves for daily prayers and attending services at their workplaces, the appearance of new forms of Islamic student activity on university campuses, strong popular agitation against government actions seen as prejudicial to the Muslim community, and the establishment in 1991 of an Islamic bank.
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Hidayah, Nur. "Gender, Economy, and the Law: Women Entrepreneurs in Indonesian and Islamic Legal Perspectives." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, no. 2 (June 20, 2023): 1171. http://dx.doi.org/10.22373/sjhk.v7i2.17944.
Повний текст джерелаАнотація:
The relationship between women, the economy, and state law in Muslim countries has generated intense debate about whether such laws have promoted or inversely impeded women's rights and gender equality. This study aims to assess women's economic rights, especially in entrepreneurship, in Indonesia from the state and Islamic legal perspectives. It is qualitative research with the juridical and sociological legal approach by analyzing the dimensions of report on entrepreneurship in Women, Business, and the Law 2023 achieved by Indonesia, Law state-related, and Islamic Law. It finds that Indonesia has promoted women's economic rights, including entrepreneurship, in the state law, despite some room for improvement. Women have the same rights to business licenses, enter into contracts or agreements, and open bank accounts, despite a lack of affirmative actions for access to credits for women entrepreneurs. As the biggest Muslim country in the world, Islamic law has influenced such state law. Islam has granted women the right to be self-employed, despite some cultural barriers to achieving gender equality. The government is expected to promote women's economic rights, including the ones on entrepreneurship, and needs to overturn the prevailing gender norms that assign women multiple burdens.
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Rahmanidinie, Anitia, and Astri Irtiani Faujiah. "Adaptasi Busana Muslimah Era Millenial: Antara Trend dan Syariat." Islamika : Jurnal Ilmu-Ilmu Keislaman 22, no. 01 (June 30, 2022): 82–95. http://dx.doi.org/10.32939/islamika.v22i01.1116.
Повний текст джерелаАнотація:
Muslimah clothing is faced with the challenges of developing fashion trends that are developing in this millennial era. This paper intends to understand and explain how the findings of adaptation of Muslim clothing occurred in the millennial era. The method used is a survey method as well as library research where this survey method is carried out randomly on Muslim women aged 15-30 years to answer about understanding the adaptation of Muslim clothing that occurs in the millennial era and understanding clothing that is in accordance with Islamic law. The results of this study indicate that Muslim women in the millennial era already understand how to dress in accordance with Islamic rules and recommendations but are still unable to practice or carry out these rules and recommendations. Millennial-era Muslim women still dress according to trends in the environment and have not used clothing in accordance with Islamic rules and recommendations. This research is able to describe the development of Muslim clothing in the millennial era. So that it can measure how well Muslim women understand trends and the Shari'a in dress.
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Shahid, Ayesha. "Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform." Muslim World Journal of Human Rights 15, no. 1 (December 19, 2018): 59–98. http://dx.doi.org/10.1515/mwjhr-2018-0004.
Повний текст джерелаАнотація:
AbstractProtecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.
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Uthman, Ibrahim Olatunde. "MUSLIM WOMEN AND THE ISLAMIC STATE BETWEEN POLITICAL ACTIVISM AND THE ISLAMIC LAW: AN ANALYSIS OF THE JULBAB ALMAR'AH AL-MUSLIMAH FI AL-KITAB WA AL-SUNNAH OF SHAYKH AL-ALBAN." TAFHIM : IKIM Journal of Islam and the Contemporary World 2, no. 1 (September 30, 2015): 117–45. http://dx.doi.org/10.56389/tafhim.vol2no1.6.
Повний текст джерелаАнотація:
This study brings into the open the views of Muslim women on the socio-political conditions of women in line with the need to capture the 'feelings, experiences and perspectives of Muslim women who hold tenaciously to the Islamic creed and its tenets but who have usually been excluded from the feminist discourse about Muslim women. It examines the socio-political conditions of women within Muslim societies empirically and shows to what extent Anne Sofie Roald has rightly pointed out that the question of Muslim women has hardly ever been treated as a religious question. It has instead, according to her, been usually perceived in socio-political terms.2 The root causes of the appalling conditions of Muslim women in contemporary societies has been traced to the gender biased State implementation of the shari'ah laws. These appalling conditions of Muslim women according to Shaykh Muhammad Nasir al-Din al Albani can be traced to the emergence of religious extremism
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Hasanah, Uswatun. "PEREMPUAN DAN HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM." Jurnal Hukum & Pembangunan 40, no. 4 (December 3, 2010): 440. http://dx.doi.org/10.21143/jhp.vol40.no4.235.
Повний текст джерелаАнотація:
AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.
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Abduroaf, Muneer. "A COMPARATIVE ANALYSIS BETWEEN THE CUSTOMARY AND ISLAMIC LAWS OF INTESTATE SUCCESSION WITH REGARD TO DISCRIMINATION: A SOUTH AFRICAN CONSTITUTIONAL LAW CASE STUDY." Jurnal Syariah 30, no. 2 (June 13, 2023): 152–74. http://dx.doi.org/10.22452/syariah.vol30no2.2.
Повний текст джерелаАнотація:
The law rule of male primogeniture (customary law of succession) was found to be unconstitutional in Bhe and Others v The Magistrate Khayelitsha and Others (Bhe) based on it unfairly discriminating against females. The Constitutional Court held that the rule of male primogeniture was inconsistent with the Constitution and invalid to the extent that it ‘excludes or hinders women … from inheriting property.’ Muslims have been living in South Africa for over 300 years. These persons are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African government that gives effect to the Islamic law of succession. A Muslim daughter could argue that the Islamic law of intestate succession per se discriminates against females, as a Muslim son would always inherit double the share of a Muslim daughter. This article compares the position of females in terms of the customary and Islamic laws of intestate succession. An overview of the South African law of intestate succession is provided by way of introduction. This is followed by examining certain South African intestate succession law court cases where discriminatory provisions were challenged. The 2:1 rule as found within the Islamic law of intestate succession per se is then investigated. The article then examines the constitutionality of the 2:1 rule as found within the Islamic law of intestate succession per se based on the same constitutional principles applied in the Bhe judgment where the constitutionality of the rule of male primogeniture was investigated. The article concludes with an analysis of the findings and a recommendation.
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Šeta, Đermana, and Amela Melkić. "The Role and of Women in the Islamic Community in Bosnia and Herzegovina." Context: Journal of Interdisciplinary Studies 5, no. 1 (March 16, 2022): 89–119. http://dx.doi.org/10.55425/23036966.2018.5.1.89.
Повний текст джерелаАнотація:
Under its constitution, the official Islamic Community in Bosnia and Herzegov-ina (henceforth the ICBiH) is autonomous in determining its activities and man-aging its property. It is guaranteed this right, as are the other religious communi-ties and churches in Bosnia and Herzegovina, under the 2004 Law on Freedom of Religion and the Legal Status of the Churches and Religious Communities in Bosnia and Herzegovina. Under its constitution the ICBiH’s goal is to encourage all its members to live in accordance with Islamic norms, which it pursues by promot-ing good and discouraging evil. It is concerned with the Islamic upbringing and education of its members and committed to preserving Islamic marital, familial, and social values through an equal commitment by men and women. Under Article 1 of the current Constitution of the Islamic Community in Bosnia and Herzegovina (henceforth the constitution), the ICBiH is the sole and unique com-munity of Muslims in Bosnia and Herzegovina and the Sanjak, Croatia, Slovenia, and Serbia, and of Muslim Bosniaks outside their respective homelands and oth-er Muslims who accept it as their own. The constitution cites four basic princi-ples for the organisation of the Muslim community, its institutions, organs, and activities, namely: the Qur’an, practice/the sunnah of Muhammed, a.s., Bosniak Islamic tradition, and the requirements of the time.
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Van Eijk, Esther. "Khulʿ Divorce in the Netherlands: Dutch Muslim Women Seeking Religious Divorce". Islamic Law and Society 26, № 1-2 (1 січня 2019): 36–57. http://dx.doi.org/10.1163/15685195-00254a04.
Повний текст джерелаАнотація:
In this article, the author examines the ways in which a number of Dutch Muslim women try to obtain an Islamic divorce. The road to a divorce, often long and winding, does not always lead to a satisfactory conclusion. I explore the question of why it can be difficult for Muslim women to obtain a religious divorce. Drawing on recent empirical research into the phenomenon of ‘marital captivity’ – a situation in which someone is unable to terminate a (religious) marriage, I examine the case of a Dutch Muslim woman who, at the instigation of a civil court, managed to negotiate a khulʿ agreement with her ‘ex’-husband, who released her from the marital bond. This exceptional example of a khulʿ practice in the Netherlands attests to the versatility of this under-researched form of Islamic divorce and how it is used in a Muslim minority context in Europe.
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Perreau, Louisa. "Gender Equality at the Test of Sharia Councils in the UK." Youth and Globalization 2, no. 1 (July 7, 2020): 65–86. http://dx.doi.org/10.1163/25895745-00201001.
Повний текст джерелаАнотація:
As the saying goes ‘good girls go to heaven, bad girls go everywhere!’, whose origin is uncertain, sometimes attributed to American actress and screenwriter Mae West, sometimes to editor-in-chief of Cosmopolitan magazine, Helen Gurvey Brown, it was taken up as a slogan by feminists who denounce the sexual norm imposed on women by religions. At a time when the influence of religious fundamentalism on State policies seems to be gaining ground (retreat on abortion laws in the United States, in Poland; Sharia courts in Great Britain, etc.), the object of this research note will be to question the articulations between British Muslim women, State multiculturalism and legislation. In Britain, since the 1980s, a network of sharia councils has developed to resolve disputes between Muslims, including resolving family problems. Sharia councils thus reveal the place of Muslim women in the United Kingdom on the issue of divorce. Extremely patriarchal, rarely feminist, often undemocratic, the sharia councils appear as places of power. The latter are often compared to Islamic courts, so-called ‘counseling’ religious services or ‘Islamic family services’ to which Muslims wishing to respect divine law and their religious precepts go – especially women. What does this mean for British Muslim women who use these services? How is the British government responding?
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Rehman, Talha. "Islamic Feminism: The Challenges and Choices of Reinterpreting Sexual Ethics in Islamic Tradition." Society and Culture in South Asia 6, no. 2 (June 26, 2020): 214–37. http://dx.doi.org/10.1177/2393861720923048.
Повний текст джерелаАнотація:
Despite what the furore over Uniform Civil Code and more recently Triple Talaq might suggest, Muslim women have very little discursive space to voice their concerns in Indian political arena. Dominant discourses on Islam and gender, including those propagated by Muslim male organisations pose Islam as a monolithic entity completely alien to the modern gender-egalitarian ideals. Feminist movements, on the other hand, hold Islam to be irrelevant at best and an obstacle at worst in promotion of gender-egalitarian norms within the community. There are concerns about the extent to which Islamic feminism can go in its demands for egalitarianism while staying within an Islamic paradigm. This paper contests those assumptions about Islam and women that foreclose any dialogue for change by exploring the role of human interpretative choices in formation and development of the Islamic religious tradition. As demonstrated by feminist exegetes, how religious texts are read is shaped deeply by human contingencies and choices. In Indian scenario, such changes are visible in formation of Muslim personal law as well. Post-independence, political contingencies within the subcontinent made it difficult to revisit the laws resulting in the loss of fluidity in the tradition. As formative scholars’ choices became enshrined in the tradition as authentic and canonical, the human element in the canonical became forgotten. The inertia to review the moral choices made by earlier authors became the hallmark of authenticity and therefore authority within the tradition. This paper argues that appreciating the role of human choices and hermeneutical flexibility involved in the formation of gender norms in Muslim societies throughout the history of Islamic legal tradition might prove effective in resolving moral dilemmas faced by modern Muslims while maintaining continuity with the tradition.
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Abdullah, Mudofir. "Marriage In Islam and the Problem of Gender Equality: A Philosophical Perspective." Ulumuna 22, no. 1 (August 15, 2018): 57–76. http://dx.doi.org/10.20414/ujis.v22i1.333.
Повний текст джерелаАнотація:
Marriage law in Islamic countries is still considered gender-biased. Indonesia, as the majority Muslim country, is not exception. Marriage Law No. 1/1974 and the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) are two examples of Muslim family law where discrimination against women persist. This paper will discuss the problem of gender biases in the Islamic marriage law in Indonesia, the imperative of gender-sensitive law reform, and the implementation of the principle of maslaha as solution. It sheds lights on such biases and offer alternative perspectives, as these are advocated by Muslim reformers. This study argues that it is necessary to reform the Islamic marriage laws, which are gender sensitives, by removing discriminatory clauses. The reform is meant to realize maslaha (well-being/welfare) and is based on the implementation of the highest objective of Islamic law, formulated as maqāshid al-sharī‘a. These include preservation of religion (ḥifẓ al-dīn), mind (ḥifẓ al-‘aql), soul (ḥifẓ al-nafs), wealth (ḥifẓ al-mal), and descendants (ḥifẓ al-nasl).
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Mustapha, Nadira. "The Twenty-first Annual Conference of the Canadian Council of Muslim Women." American Journal of Islam and Society 21, no. 1 (January 1, 2004): 136–39. http://dx.doi.org/10.35632/ajis.v21i1.1827.
Повний текст джерелаАнотація:
The Canadian Council of Muslim Women (CCMW) held its Twenty-firstAnnual Conference, October 4, 2003 at Crowne Plaza, Montreal, Quebec.CCMW was established in 1982 to attain and maintain equality, equity,and empowerment for Canadian Muslim women in the North Americansetting. Participants from across Canada came to celebrate CCMW’srenowned presence throughout the nation as well as to discuss issuesrelated to the conference: “Engaging Muslim Women in Civic and SocialChange.” The conference was officially opened with the reading of theQur’an in Arabic, English, and French, followed by the Girl Guides ofCanada, Muslim Chapter, singing the Canadian national anthem. Theywere accompanied by the CCMW attendees.Dr. Homa Hoodfar (Concordia University, Quebec) opened the conferencewith the first session: “Building Civil Society in our TransnationalWorld.” Civil society, defined as a society ruled by laws and norms andobeyed by the governing body and the public, was discussed, along with itsrelationship in dealing with such minorities as Muslim women in Canada.A civil society permits a group of people to lobby and work with the publicin a democratic system to facilitate change and development. However,transnational support and solidarity are required in conjunction with lobbying.Hoodfar effectively illustrated this concept by bringing to light theorganization Women Living under Muslim Law (WLUML), which currentlycomprises 4000 individuals and organizations and has surveyed theimplementation of Islamic law in many Islamic countries. Along with servingas a platform to network, the organization exists as a powerful institutionto help Muslim women earn their civil rights and liberties.The presentation “Restoring the Glory of Muslim Women: Leadership,Scholarship, and the Family” by Dr. Azizah al Hibri (University ofRichmond, Richond, VA) passionately described another influentialwomen’s organization. Al Hibri, who has visited 12 Islamic countries, high ...
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Azid, Toseef, and Othman Altwijry. "The Socio-Economic and Administrative Empowerment of Women in Selected Muslim Countries." ISLAMIC STUDIES 61, no. 4 (December 31, 2022): 425–44. http://dx.doi.org/10.52541/isiri.v61i4.2500.
Повний текст джерелаАнотація:
A stereotypical opinion about the role of Muslim women prevails. Most of the current literature presumes that Muslim women are not as efficient as women in the Western world because of religious, social, and institutional norms. This article assesses this opinion and surveys the literature published on the socio-economic and administrative role of Muslim women in different periods of Islamic history, i.e., the early period of Islam, the medieval ages, and the contemporary period. This study argues that Islam has given proper rights to women and appreciated their role in different socio-economic fields. If Muslim women are not participating in socio-economic and administrative activities, it is due to the culture in which they live but not because of religion. After a review of the published literature on the above subject, this study concludes that in different periods of Islamic history women played a significant role in different dimensions of life. Their role in childcare also has a significant positive impact on the family life of Muslim households. Moreover, in Muslim societies, the value of unpaid work is well recognized.
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Umar, Muhammad S. "Gender Issues in Application of Islamic Law in Nigeria." Al-Jami'ah: Journal of Islamic Studies 45, no. 1 (June 25, 2007): 29–56. http://dx.doi.org/10.14421/ajis.2007.451.29-56.
Повний текст джерелаАнотація:
This essay explores gender issues in the contemporary application of Islamic law in the Muslim majority-states of northern Nigeria. Brief political background helps to explain the shari‘a codes enacted by the legislatures of the states, drawing largely from the classical formulations of Maliki school of Islamic law. Women were among the first to be prosecuted and sentenced to death by stoning for the offence of zinā. To provide effective legal defense for the accused women, their lawyers and activists for women human rights had to argue in Islamic law before they could convince Shari‘a Courts of Appeal to overturn the sentences of death by stoning and set the women free. In the process, women activists learned a lot about the classical formulations of Maliki school of Islamic law, where they discovered the rich flexibility of Islamic thought, and that has empowered them to articulate Islamic criticisms against gender bias in the recently enacted shari‘a codes.
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Sam'ani, Sam'ani, Rokhmadi Rokhmadi, Nasihun Amin, Ahmad Zaini, and Suprijati Sarib. "Pragmatism of Polygamous Family In Muslim Society: Beyond Islamic Law." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, no. 1 (March 31, 2023): 321. http://dx.doi.org/10.22373/sjhk.v7i1.15874.
Повний текст джерелаАнотація:
Pragmatism has become a common motive in polygamous marriages, despite ignoring the principles of Islamic law. Issues ranging from unfair treatment and dishonest attitudes towards wives to the rejection of polygamous pregnant wives have colored the attitudes of pragmatic polygamous life. This article reveals pragmatic motives that become the reasons why a woman is willing to be istri selir-sirri (concubine) in polygamy. This research uses a qualitative approach in which data was collected from observation, interviews, and library studies. The findings of this study suggest that pragmatic motives exist in polygamies, such as the husband's economic stability accompanied by lust satisfaction, the woman's needs for social-economic improvement, and the need for comfort and security. The lack of power among women in relation to men of high social and economic status causes them to agree to be the second wife (selir) despite the sirri marriage status, which is officially unregistered and sometimes unknown even to their own family. As the article sees only the pragmatic sides of polygamy, it still needs further development.
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Abdulai, Rashida, Ninette Appiah, and Isaac Abraham. "Integrating Faith and Fashion: How Muslim Women in Ghana Are Redefining Workplace Dress Codes." American Journal of Art and Design 9, no. 2 (May 10, 2024): 31–42. http://dx.doi.org/10.11648/j.ajad.20240902.12.
Повний текст джерелаАнотація:
This study assessed the interplay of fashion, religion, and employment among Muslim women in Ghana’s formal sector. It examined their fashion consumption behaviors and how religion influences their attire choices, focusing on their awareness of Islamic fashion laws. Employing a concurrent mixed method approach, the study targeted Muslim women in various formal institutions in Accra, Ghana. Data collection involved questionnaires, observations, and interviews. Descriptive and Regression analysis was conducted to test hypotheses. The study discovered a significant association between contemporary fashion features in Muslim women’s styles and their knowledge of Islamic fashion laws. It also revealed that Islamic and contemporary fashion characteristics influence their understanding of clothing regulations under Islamic law. The study suggested the integration of religious beliefs in the fashion industry. It recommends involving professionals with religious and fashion expertise in education, promoting current trends in fashion that align with Islamic laws, and enforcing workplace rights for Muslim women. This study provides unique insights into how Islamic laws influence the fashion choices of Muslim women in Ghana’s formal sector, bridging a gap in understanding the intersection of faith, fashion, and professional life. Additionally, the findings highlight the dual impact of fashion and religion not only on personal identity but also on professional engagement within the workplace. These results emphasize the need for a more inclusive fashion industry that respects and reflects diverse religious tenets while supporting women in their career endeavors. This integrative approach could potentially enhance workplace inclusion and boost the career prospects of Muslim women in the formal sector.
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Kholiq, Achmad, Achyar Zein, and Anne Haerany. "Perspective of Islamic Law and Ulama Polemics about Women Judges (Gender Analysis and Moderation of Fiqh)." Jurnal Legisci 1, no. 6 (June 16, 2024): 334–48. http://dx.doi.org/10.62885/legisci.v1i6.314.
Повний текст джерелаАнотація:
This study aims to investigate and debate the validity of women's opinions founded on the normative Islamic viewpoint known as fiqh. This research endeavor endeavors to scrutinize the arguments of various ulama, or Muslim scholars, concerning female judges while maintaining a foundation in fiqh, the body of Islamic law. This study's technique combines focus group discussions (FGD) and content analysis with qualitative approaches. FGD is held with numerous lecturers and specialists in Islamic law at the Faculty of Sharia and Law at Institut Agama Islam Negeri Syekh Nurjati Cirebon. The study's conclusions, which come from at least three well-known ulama or Muslim scholars, indicate that the debate among fiqh experts on the standing of women judges was affected by several factors.
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Dintara Lubis, Syaddan. "Kedudukan Hak Asuh Anak Pasca Terjadinya Perceraian dari Istri yang Murtad Menurut Hukum Islam." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 1 (May 6, 2023): 205–12. http://dx.doi.org/10.47467/as.v6i1.3324.
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Provisions for Child Custody Based on the Compilation of Islamic Law are Muslim, mature, healthy in mind, trustworthy, single, able to educate children. rights and authority for those (women) who are apostates (non-Muslims) to take care of children. This study aims to find out more about child custody provisions based on Islamic law compilations and child custody due to divorce due to apostasy from a wife according to Islamic law compilations using normative methods that collect and analyze data in order to obtain a clear picture of the issues being discussed writing, with the aim of describing or describing the occurrence of a problem in a systematic, factual and also accurate manner and in order to get the truth in the process of perfecting this writing. KHI. Islamic law.
Keywords: Child Custody, Divorce, Apostate Wives.
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Abdul Wahab, Nadia, and Syafiqa Amira Zulkifli. "A Heuristic Evaluation of a Shariah-Compliant Fashion E-Commerce Prototype." Journal of Computing Research and Innovation 3, no. 4 (November 18, 2018): 45–53. http://dx.doi.org/10.24191/jcrinn.v3i4.99.
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Every Muslim should wear shariah-compliant clothes as admonished in the Holy Quran and Hadith. Covering awrah is a command from Allah for all Muslims and they should obey this Islamic Shariah Law. This paper discusses the heuristic evaluation of a shariah-compliant fashion e-commerce prototype for Muslim women. The prototype aims to help Muslim women to find and purchase shariah-compliant clothes easily and furthermore allows more Muslim women to cover their awrah. Besides, the fashion e-commerce also has the capability in giving suggestion to the users based on their body shapes and size.The prototype was evaluated using heuristic evaluation technique with three software ergonomic experts. Although the evaluation indicates that the information provided is useful and the prototype is well-designed, it also revealed few design issues that should be refined in order to improve its usability before testing it on the real user.