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Advancing the Legal Status of Women in Islamic Law: International Studies in Human Rights, cartea 136

Autor Mona Samadi
en Limba Engleză Hardback – 2 iun 2021
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.

By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
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Specificații

ISBN-13: 9789004446939
ISBN-10: 9004446931
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Studies in Human Rights


Cuprins

Acknowledgments
Glossary

1 The Legal Status of Women: An Introduction
1 Historical Aspects
2 Islamic Law and the State
3 Justice and Gender Equality
4 Crucial Developments of Law
5 Outline

2 Foundations of Islamic Law
1 Immutable Law?
1.1Sharia
1.2Fiqh and Usul al-fiqh

2 Sources of Islamic Law
2.1The Quran
2.1.1 Authoritative Interpretations
2.1.2 Dealing with Contradictions
2.2Sunnah
2.2.1 Hadith Compilations
2.2.2 Validity of Hadiths
2.3Ijma
2.4Legal Reasoning
2.4.1 Ijtihad
2.4.2 Other Forms of Legal Reasoning
3 Who Has the Right to Interpret the Law?

3 Women and Islam
1 The Pre-Islamic Status of Women According to Muslim Sources
1.1The Pre-Islamic Status of Women According to Historical Sources
2 The Wives of Muhammad
2.1Khadija
2.2Aisha
3 The Influence of Islam on Women
3.1The Ethical Voice
3.2Marriage
3.2.1 Temporary Marriages
3.2.2 Polygyny
3.3Sexual Relations
3.4Fornication and Adultery
3.5Testimony
3.6Compensation for Death
3.7Inheritance
3.8Divorce
3.9Political Positions
3.10Veiling
3.11The Consequences of the Death of the Prophet on the Status of Women

4 Guardianship of Women
1 Guardianship of Minors
2 Legally Incompetent but Financially Independent
2.1Men Are the Managers of Women
2.1.1 Marriage Based on Cooperation or Supervision?
2.2Correcting Women
3 The Marriage Contract
3.1The Guardians Right to Conclude the Marriage Contract
3.2Mahr
3.3The Analogy to a Sales Contract

5 Advancing the Legal Status of Women in Islamic law
1 Gradual Changes
2 Could the Abolition of Slavery Be a Model for Advancing the Rights of Women?
2.1The Status of Slaves
2.2Female Slaves
2.3Abolishing Slavery
2.3.1 Egypt
2.3.2 India
2.3.3 Persia
2.4Is There an Ijma on Slavery?

3 Does the Principle of Justice Include Female Autonomy?
3.1The Concept of Justice
3.2An Unjust God?
4 Political Reform
4.1State Law

6 Concluding Remarks

Bibliography
Index


Notă biografică

Mona Samadi, Ph.D. (2012), Örebro University, is Associate Professor of Law at that university. She has published monographs, book chapters and articles on Islamic law, international law, and constitutional law, in particular related to the Middle East.