Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel
Abstract
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Schlagworte
Middle East Islam Islamic Law marriage women's rights- i–vi Preface i–vi
- 1–4 Introduction 1–4
- 25–34 4 About Ijtihad 25–34
- 35–54 5 Betrothal—Khiṭba 35–54
- 55–64 6 Age of Marriage 55–64
- 89–106 10 Filiation 89–106
- 107–114 11 Maintenance 107–114
- 115–126 12 Child Support 115–126
- 151–156 16 Arbitary Divorce 151–156
- 183–190 Conclusion 183–190
- 191–202 Bibliography 191–202
- 203–212 Index 203–212
- 213–213 About the Author 213–213