Men in Charge?: Rethinking Authority in Muslim Legal Tradition
Description
About The Book
Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue.
Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur'an, they lie at the basis of this discrimination.
One refers to a husband's authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members' right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children.
The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.
CONTENTS
Foreword
Zainah Anwar
Acknowledgements
Note on Translation and Transliteration
Introduction
Ziba Mir-Hosseini, Mulki Al-Sharmani and Jana Rumminger
Muslim Legal Tradition and the Challenge of Gender Equality
Ziba Mir-Hosseini
The Interpretive Legacy of Qiwamah as an Exegetical Construct
Omaima Abou-Bakr
An Egalitarian Reading of the Concepts of Khilafah, Wilayah and Qiwamah
Asma Lamrabet
Producing Gender-Egalitarian Islamic Law: A Case Study of Guardianship (Wilayah) in Prophetic Practice
Ayesha S. Chaudhry
Islamic Law, Sufism and Gender: Rethinking the Terms of the Debate
Sa'diyya Shaikh
Qiwamah and Wilayah as Legal Postulates in Muslim Family Laws
Lynn Welchman
Islamic Law Meets Human Rights: Reformulating Qiwamah and Wilayah for Personal Status Law Reform Advocacy in Egypt
Marwa Sharafeldin
‘Men are the Protectors and Maintainers of Women…': Three Fatwas on Spousal Roles and Rights
Lena Larsen
Understanding Qiwamah and Wilayah through Life Stories
Mulki Al-Sharmani and Jana Rumminger
The Ethics of Tawhid over the Ethics of Qiwamah
Amina Wadud
About the Contributors
Index
About the Contributor(s)
About the editors
Ziba Mir-Hosseini: Ziba Mir-Hosseini is a legal anthropologist whose work bridges Islamic legal studies and feminist theory. She holds a professorial research associate position at the Centre for Islamic and Middle Eastern Law at SOAS, University of London. She is a founding member of Musawah, the global movement for equality and justice in Muslim family laws, and serves as convener of its knowledge-building initiative, which works to critically examine and rethink the concept of male authority (qiwama) in Muslim family legal frameworks. As co-editor of 'Men in Charge?: Rethinking Authority in Muslim Legal Tradition,' she brings together scholars and activists working at the intersection of Islamic jurisprudence, gender equality, and legal reform.
Mulki al-Sharmani: Mulki al-Sharmani is a scholar of Islamic studies, gender, and law based at the University of Helsinki, where she holds positions as an Academy of Finland research fellow and lecturer in the Faculty of Theology. Her research engages with Muslim family law reform and the religious and social dimensions of gender relations in Muslim contexts. She serves as research coordinator of the Musawah knowledge-building initiative, which works to critically re-examine classical Islamic jurisprudential concepts of male authority (qiwama and wilaya) with a view toward equality and justice in Muslim family laws. As co-editor of 'Men in Charge?: Rethinking Authority in Muslim Legal Tradition,' she contributes to an important scholarly and activist conversation on Islamic law and gender.
Jana Rumminger: Jana Rumminger is a researcher and practitioner working with Musawah, the global movement for equality and justice in the Muslim family. Based in Southeast Asia, her work focuses on reform of Muslim family laws and implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
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