Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel

Ahmad Natour

doi:10.5771/9781793640970

Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel

1. Edition 2021

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doi.org/10.5771/9781793640970
ISBN print: 978-1-7936-4096-3
ISBN online: 978-1-7936-4097-0
Lexington, Lanham Lexington, Lanham

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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

Chapter Expand | CollapsePage
i–vi Preface i–vi
- Contents
1–4 Introduction 1–4
5–10 1 The Extent of the Activities of the Sharʿi Court 5–10
11–16 2 Methodology and Sources of Islamic Law 11–16
17–24 3 Mechanisms for the Renewal of Islamic Law 17–24
25–34 4 About Ijtihad 25–34
35–54 5 Betrothal—Khiṭba 35–54
55–64 6 Age of Marriage 55–64
65–70 7 Age of Marriage by Law 65–70
71–78 8 Marriage Registration 71–78
79–88 9 Stipulations in Marriage Contract 79–88
89–106 10 Filiation 89–106
107–114 11 Maintenance 107–114
115–126 12 Child Support 115–126
127–140 13 Determining the Cost of Maintenance 127–140
141–144 14 Divorce and Marriage Dissolution 141–144
145–150 15 Triple Divorce in One Interval 145–150
151–156 16 Arbitary Divorce 151–156
157–176 17 Legal Dissolution—Discord—Nizāʿ Wa Shiqāq 157–176
177–182 18 Dissolution of a Convict’s Wife’s Marriage 177–182
183–190 Conclusion 183–190
191–202 Bibliography 191–202
203–212 Index 203–212
213–213 About the Author 213–213

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Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel

Abstract

Schlagworte

Durchsuchen Sie das Werk