Contesting Justice: Women, Islam, Law, and Society

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State University of New York Press, 10 มี.ค. 2010 - 211 หน้า
Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.

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Introduction
1
1 Legal Absolutism and Ethical Relativism
15
2 The Domain of Ethics and the Law
25
3 Basis for the Practice of Polygamy
43
4 Women in Islamic Law of Inheritance
59
5 Women in Modern Times
87
Conclusion
121
Appendix A
127
Appendix B
133
Notes
149
Bibliography
177
Index
191
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หน้า 154 - Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do.
หน้า 158 - If your hand or your foot causes you to sin, cut it off and throw it away. It is better for you to enter life maimed or crippled than to have two hands or two feet and be thrown into eternal fire. And if your eye causes you to sin, gouge it out and throw it away.
หน้า 164 - Ye are never able to be fair and just as between women, even if it is your ardent desire: but turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air) . If ye come to a friendly understanding, and practise selfrestraint, Allah is Oft-Forgiving, Most Merciful.
หน้า 42 - O ye who believe! The law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
หน้า 158 - If your right eye causes you to sin, gouge it out and throw it away. For it is better that you lose one of the parts of your body than for your whole body to be thrown into hell.
หน้า 51 - If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice.
หน้า 99 - Human Race; for where Males and Females are in equal number, if one Man takes Twenty Wives, Nineteen Men must live in Celibacy, which is repugnant to the Design of Nature; nor is [it] probable that Twenty Women will be so well impregnated by one Man as by Twenty.

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Ahmed E. Souaiaia is Assistant Professor of Religious Studies at the University of Iowa and the author of The Function of Orality in Islamic Law and Practices: Verbalizing Meaning.

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