This book conceptualises European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law.
Author: Kimberley Brayson
Publisher: Hart Publishing
This book conceptualises European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. Human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the Law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.
Islamic Veiling in Legal Discourse provides a sopisticated analysis of relevant legislation and case law in order to examine the assumptions and limits of the debates surrounding the issue of Islamic veiling.
Author: Anastasia Vakulenko
Islamic Veiling in Legal Discourse looks at relevant law and surrounding discourses in order to examine the assumptions and limits of the debates around the issue of Islamic veiling that has become so topical in recent years. For some, Islamic veiling indicates a lack of autonomy, the oppression of women and the threat of Islamic radicalism to western secular values. For others, it suggests a positive autonomous choice, a new kind of gender equality and a legitimate exercise of one's freedom of religion – a treasured right in democratic societies. This book finds that, across seemingly diverse legal and political traditions, a set of discursive frameworks – the preoccupation with autonomy and choice; the imperative of gender equality; and a particular western understanding of religion and religious subjectivity – shape the positions of both proponents and opponents of various restrictions on Islamic veiling. Rather than take a position on one or the other side of the debate, the book focuses on the frameworks themselves, highlighting their limitations
Thus, Islamic finance in Australia serves as an instrument to communicate to the broader public that shari'a is not necessarily an archaic system of law. IV. Islamic Dress The debate that centers on Islamic dress is often publicized and ...
Author: Anver M. Emon
Publisher: Oxford University Press
This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
178 Regarding women, the law specifies: “Every female of Islamic faith shall put on dress to cover her entire body except for her feet, hand and face in the public or while attending the office both within or outside the State.
Transcending Islam for Social, Economic, and Political Order Mehran Tamadonfar ... the government arrested nearly three hundred women accused of not observing Islamic dress.165 This tough campaign against women in major cities raised ...
Author: Mehran Tamadonfar
Publisher: Lexington Books
The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.
Islamic law does not mandate veiling , but only requests that women dress modestly . Historically , in nineteenth - century Egypt , veiling and the physical seclusion of women signaled the upward mobility of agriculturalists who moved ...
Author: Donna Lee Bowen
Publisher: Indiana University Press
A revised and updated edition of a popular and widely used text
Turkey, a predominantly Muslim country, has controversial laws against these dress codes in schools and work places. After the declaration of the Republic in 1923, as part of revolutions brought by Atatürk, a modern dress code was ...
Author: IBP USA
Category: Business & Economics
2011 Updated Reprint. Updated Annually. Islamic Constitutional and Administrative Law and Regulations Handbook
Author: Yvonne Yazbeck HaddadPublish On: 2006-03-02
A final chapter asks whether 9/11 will prove to have been a watershed moment for Muslim women in America. This groundbreaking work presents the diversity of Muslim American women and demonstrates the complexity of the issues.
Author: Yvonne Yazbeck Haddad
Publisher: Oxford University Press
The treatment and role of women are among the most discussed and controversial aspects of Islam. The rights of Muslim women have become part of the Western political agenda, often perpetuating a stereotype of universal oppression. Muslim women living in America continue to be marginalized and misunderstood since the 9/11 terrorist attacks. Yet their contributions are changing the face of Islam as it is seen both within Muslim communities in the West and by non-Muslims. In their public and private lives, Muslim women are actively negotiating what it means to be a woman and a Muslim in an American context. Yvonne Yazbeck Haddad, Jane I. Smith, and Kathleen M. Moore offer a much-needed survey of the situation of Muslim American women, focusing on how Muslim views about and experiences of gender are changing in the Western diaspora. Centering on Muslims in America, the book investigates Muslim attempts to form a new "American" Islam. Such specific issues as dress, marriage, childrearing, conversion, and workplace discrimination are addressed. The authors also look at the ways in which American Muslim women have tried to create new paradigms of Islamic womanhood and are reinterpreting the traditions apart from the males who control the mosque institutions. A final chapter asks whether 9/11 will prove to have been a watershed moment for Muslim women in America. This groundbreaking work presents the diversity of Muslim American women and demonstrates the complexity of the issues. Impeccably researched and accessible, it broadens our understanding of Islam in the West and encourages further exploration into how Muslim women are shaping the future of American Islam.
Muslim women in Indonesia 82–106 personal law 191 Shari'a bylaws 101 Shari'a family law see family law Shari'a law 28–33, ... 88 Islamic day school 92 Islamic Defenders Front 103–4 Islamic dress code see dress code Islamic ethico-legal ...
Author: José Casanova
Publisher: Oxford University Press
The relationship between secularism, democracy, religion, and gender equality has been a complex one across Western democracies and still remains contested. When we turn to Muslim countries, the situation is even more multifaceted. In the views of many western commentators, the question of Women Rights is the litmus test for Muslim societies in the age of democracy and liberalism. Especially since the Arab Awakening, the issue is usually framed as the opposition between liberal advocates of secular democracy and religious opponents of women's full equality. Islam, Gender, and Democracy in Comparative Perspective critically re-engages this too simple binary opposition by reframing the debate around Islam and women's rights within a broader comparative literature. Bringing together leading scholars from a range of disciplines, it examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part One addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part Two localizes the implementation of this nexus between law, gender, and democracy and provides contextualized responses to questions raised in Part One. The contributors explore the situation of Muslim women's rights in minority conditions to shed light on the gender politics in the modernization of the nation and to ponder on the role of Islam in gender inequality across different Muslim countries.
Author: Robin Griffith-JonesPublish On: 2013-04-11
Tucker, A, 'The Archbishop's unsatisfactory legal pluralism', (2008) Public Law 463. Tucker, ], Women, Family and Gender in Islamic Law (Cambridge, 2008). Vakulenko, A, 'Islamic dress in human rights jurisprudence: a critique of current ...
Author: Robin Griffith-Jones
Publisher: Cambridge University Press
Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.
... 104 Muslim veiling controversy 113–64 changing reasons for wearing headscarves and need to be heard 136, 140–41 comparative law relation 113–14 conspicuousness of Islamic dress 118, 126, 128 conspicuousness of Islamic dress, ...
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
There are, for example, fewer fatawa on issues relating to mercantile law, Islamic finance or criminal law. ... issue of 'Islamic' dress in a non-Muslim country, (ii) the triple talaq and (iii) the question of the necessity of a tahlil ...
Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.
Institut Agama Islam Negeri ( IAIN ) : State Islamic Institute . jilbab ( I < Ar ) : Islamic dress for women , usually consisting of a loose dress and headcovering juëlën ( G ) : virilocal marriage form , lit.
Author: John R. Bowen
Publisher: Cambridge University Press
Category: Political Science
This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.
How does colonialist feminism influence scholarship about women's status under Islamic law? ... This oversimplification ignores the not insignificant number of Muslim women who do not dress modestly or wear headscarves; it also neglects ...
Author: Justine Howe
Given the intense political scrutiny of Islam and Muslims, which often centres on gendered concerns, The Routledge Handbook of Islam and Gender is an outstanding reference source to key topics, problems, and debates in this exciting subject. Comprising over 30 chapters by a team of international contributors the Handbook is divided into seven parts: Foundational texts in historical and contemporary contexts Sex, sexuality, and gender difference Gendered piety and authority Political and religious displacements Negotiating law, ethics, and normativity Vulnerability, care, and violence in Muslim families Representation, commodification, and popular culture These sections examine key debates and problems, including: feminist and queer approaches to the Qur’an, hadith, Islamic law, and ethics, Sufism, devotional practice, pilgrimage, charity, female religious authority, global politics of feminism, material and consumer culture, masculinity, fertility and the family, sexuality, sexual rights, domestic violence, marriage practices, and gendered representations of Muslims in film and media. The Routledge Handbook of Islam and Gender is essential reading for students and researchers in religious studies, Islamic studies, and gender studies. The Handbook will also be very useful for those in related fields, such as cultural studies, area studies, sociology, anthropology, and history.
Sumptuary Laws in a Global Perspective, c.1200–1800 Giorgio Riello, Ulinka Rublack. England, the use of dress to demarcate ethnic divisions has received less attention. A growing body of research on early modern Europe and the Islamic ...
Author: Giorgio Riello
Publisher: Cambridge University Press
This is the first global history of dress regulation and its place in broader debates around how human life and societies should be visualised and materialised. Sumptuary laws were a tool on the part of states to regulate not only manufacturing systems and moral economies via the medium of expenditure and consumption of clothing but also banquets, festivities and funerals. Leading scholars on Asian, Latin American, Ottoman and European history shed new light on how and why items of dress became key aspirational goods across society, how they were lobbied for and marketed, and whether or not sumptuary laws were implemented by cities, states and empires to restrict or channel trade and consumption. Their findings reveal the significance of sumptuary laws in medieval and early modern societies as a site of contestation between individuals and states and how dress as an expression of identity developed as a modern 'human right'.
1636), 212 Islam, 19, 202 in Indonesia, 195–197, 200–204, 206, 208–213, 215–216 in Malaysia, 223–231, 235, 238–244, 246, 250–255 Islamic dress. See Indonesia — Islamic dress Wahhabi Islam, ...
Author: Helen J. Nicholson
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Status of religious communities -- Relations between the state and Islam -- State support for Islamic religious communities -- Muslims in integration law -- Mosques and prayer houses -- Burials and cemeteries -- Education -- Further and ...
Author: Kathryn O'Sullivan
Publisher: Annotated Legal Documents on I
Status of religious communities -- Relations between the state and Islam -- State support for Islamic religious communities -- Muslims in integration law -- Mosques and prayer houses -- Burials and cemeteries -- Education -- Further and higher (tertiary) education -- Islamic chaplaincy in public institutions -- Employment and social law -- Islamic slaughter and food regulation -- Islamic goods and services -- Islamic dress -- Criminal law -- Family law
in general and those explicitly targeting Islamic dress (Shahid & van Koningsveld 2005, Scott 2007, Kılıç et al. 2008, Joppke 2009). While the 2004 French law was predicated on the principle of secularism and was therefore religion ...
Author: Ruth Wodak
Publisher: A&C Black
Category: Political Science
This volume offers a comparative survey of Far Right parties across Europe, examining in particular their changing political rhetoric. The contributors look at the development of two distinct forms of party development and discourse: The Haiderization and The Berlusconization model.
This work is an endeavor to reason the divine command to the modest dress (hijab) from the traditional Islamic point of view using as sources the Quran, the Sunnah or customs of the Prophet of Islam and commentators of the various Muslim ...
Author: Murtaza Mutahhari
Publisher: Abjad Book Designers & Builders
Category: Crafts & Hobbies
This work is an endeavor to reason the divine command to the modest dress (hijab) from the traditional Islamic point of view using as sources the Quran, the Sunnah or customs of the Prophet of Islam and commentators of the various Muslim sects.
... Islamic courts, impact on 99 proclamation 17 Indonesia Islam, arrival of 77 legal issues 18 legal reform, ... Islamic Development Bank 152 Islamic dress Law on National Education 134 Islamic fundamentalism 226 Islamic laws adat laws ...
Author: Arskal Salim
Publisher: Institute of Southeast Asian Studies
Category: Droit islamique - Indonésie - Aspect politique
After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have sharia (Islamic law) implemented by the state. Even though this burning issue is not new, it has further divided Indonesian Muslims. The introduction of Islamic law would also affect the future of multi-cultural and multi-religious Indonesia. So far, however, the introduction of sharia nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.