DOCSLIB.ORG

1 Iran Overview of Muslim Family Laws & Practices

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
1 Iran Overview of Muslim Family Laws & Practices IRAN OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES (Updated as at 3 June 2020)1 Description Procedure Family Law Matters Legislative Framework Case Law Policy Practice Equality of spouses in marriage Per Article 4 of the 1979 Iran has not yet Registering a According to the Constitution:2 “All civil, penal, joined CEDAW, but permanent 2016 UNDP Is there a Constitutional provision financial, economic, proposals to ratify it marriage is Human on equality and are there administrative, cultural, have been debated mandatory; any Development exceptions? Are there specific military, political, and other at three distinct man who fails to Report, Iran ranked laws that recognise marriage as a laws and regulations must be moments in post- register his 69 on the UNDP partnership of equals i.e. are based on Islamic criteria. revolutionary marriage contract Human family laws and/or other laws This principle applies politics. The first in a Register Office Development relating to marriage and the family absolutely and generally to was during the last shall be sentenced Index, and 118 on codified or uncodified? If codified, all articles of the Constitution years of the to up to one year of the UNDP Gender what are the titles of all the as well as to all other laws presidency of imprisonment Inequality Index.10 applicable laws? If codified, do and regulations. The Hashemi (Article 645, Islamic these laws apply to all citizens determination of such Rafsanjani (1989- Penal Code). According to a irrespective of religion? If not, do compatibility is left to the 1997), as part of Registering a study conducted by these laws apply to all Muslims or fuqahah (Islamic jurists) of the drive for temporary marriage Tehran University are there different codified laws economic is optional. for UNFPA, 12% of for different sects within Islam? If ‘Reconstruction’; households were 1 Musawah’s project to map Muslim Family Laws globally began in 2016 and was led by Zainah Anwar. We would like to thank Ziba Mir-Hosseini for preparing this Iran overview table. More information on the mapping can be found on our website https://www.musawah.org/mapping-muslim-family-laws/. 2 The English text of the 1979 Constitution as Amended in 1989 is available online at http://www.wipo.int/wipolex/en/text.jsp?file_id=332330, Persian text at https://rc.majlis.ir/fa/law/show/132239 10 UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf 1 uncodified, or if codified laws do the Guardian Council.”3 the High Council of Any husband who female-headed in not sufficiently address a Cultural Revolution, fails to pay his 2011; female- particular issue, how is the issue The following provision of the in charge of the wife’s nafaqa headed households addressed e.g. what Muslim Constitution provides equality Islamic Republic’s (maintenance), in 1966 comprised school of law is applicable? Do for women “in conformity with cultural policies, while he has the 6.5%.11 these laws explicitly state gender- Islamic criteria” (The opposed financial ability, stereotypical roles between Preamble and Articles 3 (14), ratification. The subject to the wife’s Two concomitant husbands and wives e.g. the 10, 20, and 21). second moment tamkin and contradictory husband is the head of the was in April 2003, (obedience), shall legal developments household or the wife is the ● The Preamble during the be sentenced by can be detected in primary caregiver? promises to provide presidency (1997- court to from three the area of family more rights to 2005) of reformist months and one law: the Applicable CEDAW Provision women to restore Mohammad day to five months’ reinstatement of Article 16(1)(a) justice and to make Khatami, whose imprisonment men’s unilateral General Recommendation 21 up for the injustice government (Article 642, Islamic rights to divorce women suffered proposed joining Penal Code). and polygamy, and under the previous CEDAW. The attempts to protect regime. Protection of Parliament, in and compensate the family and the which reformists women. The first role of women as had a majority, began with the mothers are the main ratified the dismantling of the reasons to provide proposal, but the 1975 Family more protection to unelected Guardian Protection Law women Council rejected it (FPL) and the ● Article 3 (14) on grounds of the abolition of its requires the incompatibility of courts. This law, government to CEDAW with first enacted in provide resources for ‘Shari‘a’, and asked 1967 and amended “securing the parliament to in 1975, created multifarious rights of modify it. courts by the same all citizens, both Parliament refused name empowered women and men, to do so, and the to deal with all and providing legal bill was referred to types of family protection for all, as the unelected disputes, and 3 Established by the Constitution, the Guardian Council’s role is to ensure that laws passed by the parliament (majiles) are in line with Islamic criteria. It is composed of six Islamic jurists (faqih) appointed by the Supreme Leader and six lay jurists elected by parliament from among those nominated by the Head of the Judiciary (himself appointed by the Leader), for a period of five years (Articles 72, 91, 94 of the Constitution). 11 University of Tehran, Female-Headed Households Report, UNFPA Islamic Republic of Iran, 2017. https://iran.unfpa.org/en/publications/female-headed-households-report 2 well as the equality Expediency introduced of all before the law.” Council,8 whose procedural reforms ● Article 10 provides duty is to that placed men for the protection of adjudicate in such and women on the family as “the cases; but in this equal terms with fundamental unit of case they failed to respect to access Islamic society”, and act. The third to divorce and child requires all laws, moment was in custody. In regulations, and April 2009, in the February 1979, pertinent programs run-up to the barely two weeks to facilitate the disputed election after the collapse of formation of a family, that would return the Pahlavi regime, and to safeguard its President a directive from sanctity and the Mahmoud Ayatollah stability of family Ahmadinejad for a Khomeini’s office relations on the basis second term. Forty- declared the FPL to of the law and the two women’s be ‘non-Islamic’ ethics of Islam.” groups and 700 and announced a ● Article 20 entitles “all individuals, return to the citizens of the including both ‘Shari‘a’ provisions country, both men secularist feminists of marriage and and women, equally and religious divorce as reflected to enjoy the women from the in the Civil Code protection of the law reformist parties, articles. and to enjoy all came together to human, political, form a ‘Women’s The second economic, and Convergence’. development, cultural rights in Without supporting which began in conformity with any individual 1982, is still Islamic criteria.” candidate, the unfolding. Its latest ● Article 21 requires Convergence manifestation is the the government to posed pointed 2013 Family provide social questions to the Protection Law welfare and protect field. They raised (FPL), which women albeit “in two specific establishes Family conformity with demands: first, Courts authorized Islamic criteria”, with ratification of to deal with all the aim of CEDAW; and types of family 8 Its full name in Persian is Majma'-e Taškhīs-e Maslahat-e Nezām, which is translated as the Council of Discernment of the Interests of the System; formed in 1988 at the time of amendment of the Constitution, its members are appointed by the Supreme Leader for five years. 3 accomplishing the second, revision of disputes (Article 2). following goals: “1. Articles 19, 20, 21 Each Family Court create a favorable and 115 of the consists of a male environment for the Iranian constitution, principal judge and growth of woman’s which enshrine two advisory legal personality and the gender experts, one of restoration of her discrimination. whom must be a rights, both material They put the woman: her and intellectual; 2. candidates on the presence is the protection of spot to respond, required in all mothers, particularly using the press and hearings, and she during pregnancy new media. submits her written and childbearing, the Women’s demand opinion on the case protection of children for legal equality to the court. The without guardians; 3. became a central principal judge establishing issue in the should take her competent courts to campaign season.9 opinion into protect and preserve consideration in the family; 4. the issuing the court protection of special judgement. If he insurance for chooses not to do widows, and aged so, he is required women and women to state his reasons without support; 5. in the judgement. the awarding of (Article 2. Note) guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.” Matters relating to family and personal status were first codified between 1928 and 9 Leila Alikarami, CEDAW and the Quest of Iranian Women for Equality, OpenDemocracy, December 18, 2004 https://www.opendemocracy.net/5050/leila-alikarami/cedaw- and-quest-of-iranian-women-for-gender-equality; Ziba Mir-Hosseini, ‘Broken Taboos in Post-Election Iran’, Middle East Report Online, December 17, 2009, http://www.merip.org/mero/mero121709 4 1935 in the Civil Code, as part of the reforms of the judiciary during the reign of Reza Shah (1925-41), the first Pahlavi monarch.4 Articles 1034 to 1206 dealing with marriage, its dissolution and family relations are in accordance with the majority opinion in the Shi‘a Ja’fari school.
Load more

Recommended publications
  • Islamic Feminism, a Public Lecture By
    SUDANWORKINGPAPER Islamic Feminism, a public lecture by Liv Tønnessen, Regional Institute of Gender, Rights, Peace & Diversity, Ahfad University for Women, Sudan SWP 2014: 1 Islamic Feminism Public lecture by Liv Tønnessen, Ahfad University for Women, Sudan SVP 2014 : 1 CMI SWP ISLAMIC FEMINISM 2014: 1 In the words of Pakistani-American Asma Barlas, “I came to the realization that women and men are equal as a result not of reading feminist texts, but of reading the Quran.”1 This position has come to be known as Islamic feminism. The term has been heatedly debated and both feminists and Muslims have rejected it as two fundamentally incompatible ideas. Secular feminists reject it because they argue religion generally and Islam in particular is oppressive to women2 and many Muslim women reject it because they feel ‘feminism’ is a secular invention imposed on them from outside, from the West. Islamic feminism is indeed highly contested, but it has also been widely embraced by both activists and scholars. As Margot Badran’s article from 2002 asks, What's in a name? What's behind a name? What is Islamic feminism?3 I will in a humble way attempt to address these questions in this talk. Let me first start by saying that this is a research paper on Islamic feminism. I am not a Muslim, but I find myself fascinated and genuinely interested in the question of women and Islam. I do not under any circumstances start my engagement with the topic from a position which neither reduces Islam to be monolithic and anti-women nor a position which states that secularism is the only route to women’s empowerment.
    [Show full text]
  • A Toolkit for Advocates
    A TOOLKIT FOR ADVOCATES SHARING THE MUSAWAH FRAMEWORK AND KEY MESSAGES 1 A TOOLKIT FOR ADVOCATES : SHARING THE MUSAWAH FRAMEWORK AND KEY MESSAGES © Sisters in Islam, 2013 Published in Malaysia by: Musawah an initiative of Sisters in Islam (SIS Forum Malaysia) 4 Jalan 11/8E, 46200 Petaling Jaya, Selangor, Malaysia Tel: +603 7960 5121 Fax: +603 7960 8737 Email: [email protected] Web: http://www.musawah.org Developed by: Cassandra Balchin with inputs from Musawah Advocates and the Musawah Secretariat. With thanks to the following for pilot testing and feedback: Anna Turley, Hadil el-Khouly, Imrana Jalal, Jana Rumminger, Johaira Wahab, Layali Eshqaidef, Manal Abdel Halim, Meghana Bahar, Rozana Isa, Zainah Anwar Creative Direction: Meghana Bahar Cover Design: Ezrena Hussain Illustrations: Shieko Reto & Rini Templeton (www.riniart.org) Layout: Ezrena Hussain Any part of this publication may be copied, reproduced, adapted, stored in a retrieval system or transmitted in any form or by any means to meet local needs, without permission from Musawah, provided that there is no intention of gaining material profits and that all copies, reproductions, adaptation and translation through mechanical, electrical or electronic means acknowledge Musawah and the authors as the sources. A copy of any reproduction, adaptation or translation should be sent to Musawah at the above address. 2 A TOOLKIT FOR ADVOCATES : SHARING THE MUSAWAH FRAMEWORK AND KEY MESSAGES This Musawah Toolkit is dedicated to the memory of Cassandra Balchin, who researched and wrote this training guide. Cass was a founding member of Musawah and its first Communications Coordinator and a member of the Musawah International Advisory Group.
    [Show full text]
  • An Historical Overview of Conferences on Islamic Feminism: Circulations and New Challenges
    Margot Badran* An historical Overview of Conferences on Islamic Feminism: Circulations and New Challenges Conferences bringing people together in face-to-face encounters form an inte- gral part of the history of Islamic feminism and are intimately involved in the shaping and transmitting of Islamic feminist discourse and activist work. At the same time, conferences help consolidate transnational Islamic feminist networks and cement relationships. They also provide valuable records of the work and serve as markers of the trajectory of Islamic feminism1 The conference on “Islamic feminisms: boundaries and politics” that Stephanie Latte Abdullah organized at the Institute de Recherches et d’Études sur le Monde Arabe et Musulman in Aix-en-Provence in December 2009 occurred at a time when Islamic feminism is moving with increased acceleration from a primary focus on * Senior Fellow, The Reza and Georgeanna Khatib Visiting Chair in Comparative Religion at St. Joseph’s College, Brooklyn. 1 On global feminist networking in general see Valentine Moghadam, Globalizing Women: Transnational Feminist Networks (Baltimore: Johns Hopkins University Press, 2005). REMMM 128, 33-39 34 / Margot Badran theorization to the stage of social movement organizing. It is also a moment: (1) when expanding numbers of women affiliated with Islamist political parties and movements are gravitating toward the egalitarian model of religion that Islamic feminism explicates, and (2) when moves toward egalitarian Islam are discernable inside highly conservative Muslim majority societies such as Saudi Arabia. These trends may be seen as the new sociological layer in the quest for the implementa- tion of an egalitarian model of Islam as we get insights into from papers presented in the conference.
    [Show full text]
  • Musawah Thematic Report on Article 16: Kuwait and Oman
    Musawah Thematic Report on Article 16: Kuwait and Oman 50th CEDAW Session Geneva, Switzerland October 2011 Musawah c/o Sisters in Islam (SIS Forum Malaysia) No. 7, Jalan 6/10, 46000 Petaling Jaya Selangor, Malaysia Tel: +603 7785 6121 Fax: +603 7785 8737 Email: [email protected] Website: http://www.musawah.org Musawah Thematic Report on Article 16: Kuwait and Oman 50th CEDAW Session Geneva, Switzerland October 2011 TABLE OF CONTENTS I. Introduction 1 II. The CEDAW Committee and Article 16 3 III. Kuwait 4 IV. Oman 7 V. The Musawah Framework for Action 9 VI. Recommendations and Rights-Based Examples 11 VII. Vision 17 Annexe 1: Glossary of Terms 18 I. Introduction This Musawah report takes a critical look at the status of marriage and family relations, as encapsulated in Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’ or ‘CEDAW Convention’), in Kuwait and Oman, two of the Organisation of Islamic Cooperation (OIC) member states reporting before the 50th Session of the Committee on the Elimination of Discrimination against Women (‘CEDAW Committee’). Musawah, the global movement for equality and justice in the Muslim family, seeks to advance human rights for women in Muslim contexts, in both their public and private lives. Musawah’s objectives are: 1. To build and share knowledge that supports equality and justice in the Muslim family using a holistic approach that combines Islamic teachings, international human rights standards, national laws and constitutional guarantees of equality and non-discrimination, and the lived realities of women and men. 2.
    [Show full text]
  • CEDAW and Muslim Family Laws: in Search of Common Ground 
    The Musawah research project on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) examined States parties’ justifications for their failure to implement CEDAW with regard to family laws and practices that discriminate against Muslim women. The research reviewed documents for 44 Muslim majority and minority countries that reported to the CEDAW Committee from 2005-2010. This report documents the trends identified in the review, and presents Musawah’s responses to these justifications based on its holistic Framework for Action. It includes recommendations to the CEDAW Committee for a deeper engagement and more meaningful dialogue on the connections between Muslim family laws and practices and international human rights standards. Musawah is a global movement of women and men who believe that equality and justice in the Muslim family are necessary and possible. In the 21st century there cannot be justice without equality; the time for equality and justice is now! Equality in the family is the foundation for equality in society. Families in all their multiple forms are central to our lives, and should be a safe and happy space, equally empowering for all. Musawah builds on centuries of effort to promote and protect equality and justice in the family and in society. Musawah is led by Muslim women who seek to publicly reclaim Islam’s spirit of justice for all. CEDAW and Musawah acts together with individuals and groups to grow the movement, build knowledge and advocate for change on multiple levels. MUSLIM FAMILY LAWS Musawah uses a holistic framework that integrates Islamic teachings, universal human rights, national constitutional guarantees of equality, and the lived realities In Search of Common Ground of women and men.
    [Show full text]
  • Home Truths: a Global Report on Equality in the Muslim Family
    Musawah (‘Equality’ in Arabic) is a global movement for equality and justice in the Muslim family. Musawah builds on decades of effort to reform Muslim family laws that discriminate against women and to resist regressive amendments demanded by conservative groups within society. Musawah was initiated by Sisters in Islam (Malaysia) and a planning committee of Muslim activists and academics from eleven countries. Musawah is pluralistic and inclusive, bringing together NGOs, activists, scholars, practitioners, policy makers and grassroots women and men from around the world. Participation is based on proven commitment to promoting rights in Muslim families, whether from religious, secular or other perspectives. Compiled from reports submitted by national level organisations and activists in 30 countries, Home Truths provides background information about the family laws and practices in these countries, including details of why equality in the family is necessary and the opportunities available that make equality in the family possible. Musawah calls for equality, non-discrimination, justice and dignity as the basis of all human relations; full and equal citizenship for every individual; and marriage and family relations based on principles of equality and justice, with men and women sharing equal rights and responsibilities. The time for realising these principles in our laws and in our daily lives is now. Home Truths: A Global Report on Equality in the Muslim Family c/o Sisters in Islam (SIS Forum Malaysia) 7 Jalan 6/10, 46000 Petaling Jaya, Selangor, MALAYSIA Tel : +603 7785 6121 Fax : +603 7785 8737 Email: [email protected] Web : www.musawah.org Home Truths: A Global Report on Equality in the Muslim Family Home Truths Introduction ...............................................................
    [Show full text]
  • Islamic Feminism Transnational and National Reflections
    MULKI AL-SHARMANI Islamic Feminism Transnational and national reflections his article focuses on contemporary interpretive being produced predominantly by Muslim female knowledge projects that engage critically with scholars (and some male Muslim scholars) from dif- TIslamic religious sciences, and which are driven ferent disciplines and countries. The new scholarship by the question of gender justice. These projects, which has been called Islamic feminism. have been loosely termed as Islamic Feminism, are Some of the scholars who have been studying or undertaken by Muslim women scholars from different engaging in Islamic feminism see a great epistemic countries who are committed to their religious faith and political value in it, not only for Muslim women and who are working towards the production of alter- but also for the reform of religious tradition (Abou- native, gender-sensitive religious knowledge. The paper Bakr 2012, Barlas 2002, Badran 2005, Mir-Hosseini has three aims: 1) to review the contestations about 2006). Other scholars have critiqued Islamic femi- the definition, categorization, goals, and significance of nism as being an unsystematic and heterogeneous what has been termed Islamic feminism, 2) to provide body of knowledge, as having weak methodological an alternative description of these knowledge projects links to classical religious sciences and being politic- and identify some hermeneutical characteristics that ally insignificant, or even counterproductive, for link them and which perhaps could be the basis for de- women (Moghissi 1999, Moghadam 2002, Tohidi lineating them as a new field of knowledge, 3) to map 2003). out the trajectory of building new religion-based femi- Some of the women scholars undertaking such nist knowledge in Egypt, shedding light on light on cur- projects have also linked their production of knowl- rent knowledge projects that can be labelled as Islamic edge to building a global Muslim movement for feminism.
    [Show full text]
  • Towards a Model of Muslim Women's Management Empowerment
    administrative sciences Article Towards a Model of Muslim Women’s Management Empowerment: Philosophical and Historical Evidence and Critical Approaches Eugenie Samier 1,* and Eman ElKaleh 2 1 School of Education, University of Strathclyde, Glasgow G4 0LT, UK 2 Admissions and Registration Department, Zayed University, Dubai P.O. Box 19282, United Arab Emirates; [email protected] * Correspondence: [email protected] Abstract: This paper constructs a culturally appropriate model for Muslim women’s empowerment in management and leadership positions that addresses sustainability goals of quality education, gender equality, economic growth and reducing inequalities, as well as national and cultural differences from Western women’s empowerment models. The approach to model building begins with two sources of evidence for women’s empowerment—first, the empowerment of women recognised in the Qur’an and Sunnah, and in the historical-biographical record, particularly in the early Islamic period that draws to some extent on hermeneutics. This is followed by identifying four approaches that can be used in constructing a comprehensive model of Muslim women’s empowerment: Bourdieu’s social, cultural and intellectual capital theory; multiple modernities theory that recognises societal diversity; cultural security arguments for the preservation of cultures; and postcolonial critiques that argue for diversity through decolonising. The main argument of this paper is that sustainability goals cannot be achieved without a model appropriate to the valuational, cultural and societal context in which women are educated and work. The final section of this paper proposes a multidimensional and Citation: Samier, Eugenie, and Eman ElKaleh. 2021. Towards a Model of multilevel model that can be used as a guidance for empowering Muslim women in management Muslim Women’s Management and leadership positions.
    [Show full text]
  • Musawah Webinar: a Feminist Quest for Qur'anic Justice, Beauty And
    Musawah Webinar: A Feminist Quest for Qur’anic Justice, Beauty and Spiritual Care 5 May, 5PM KL | 11PM Cairo Transcript Note: Text edited for grammar and readability Sarah It's 11AM, so we will start in the interest of time. Assalamualaikum, welcome everyone and thank you for joining us in our first Ramadan webinar. We wish all of you who celebrate this sacred month Ramadan Kareem. We hope this month is giving you the space to nurture and heal your souls with love, compassion and kindness. My name is Sarah Marsso, and I will be your moderator during today's exciting feminist conversation for Quranic justice, beauty and spiritual care. I coordinate Musawah’s knowledge building activities and I’m thrilled to be hosting this session today, with the ground-breaking feminist scholars Omaima Abou Bakr, Asma Lamrabet and Mulki Al Sharmani. Our speakers will address 4 sets of questions: (1) experience of engaging with tafseer from a gender perspective, (2) introduce us to their new holistic interpretative methodology, and (3) reflect on their relationship to the Qur’anic text, and (4) explore the different ways in which the Qur’an gives us the path towards healing. Before we start, I have a few housekeeping items to cover about this presentation. Participants joining us on Zoom will be able to ask questions using the Q&A button at the bottom of the screen. If we don’t get to your question during today’s webinar, please follow up with us via email afterward. Unfortunately, we won’t be able to take questions from those viewing this ​ ​ webinar on FB.
    [Show full text]
  • Musawah Thematic Report on Art 16 Gambia
    Musawah Thematic Report on Muslim Family Law: The Gambia 61st CEDAW Session Geneva, Switzerland July 2015 Musawah c/o Sisters in Islam [SIS Forum (Malaysia)] No. 4, Lorong 11/8E, 46200 Petaling Jaya Selangor, Malaysia Tel: +603 7960 5121 Fax: +603 7960 8737 Email: [email protected] Website: http://www.musawah.org Musawah Thematic Report on Muslim Family Law: The Gambia 61st CEDAW Session July 2015 TABLE OF CONTENTS I. INTRODUCTION A. Objective B. Methodology II. KEY ISSUES: LIVED REALITIES, ISLAMIC JURISPRUDENCE, & REFORM A. Early & Forced Marriage B. Equal Rights & Responsibilities in Marriage C. Polygamy D. Access to Divorce E. Custody & Guardianship of Children III. CONCLUSION IV. MUSAWAH VISION V. ANNEX: GLOSSARY OF KEY TERMS Musawah Thematic Report on Muslim Family Law: The Gambia ii Musawah Thematic Report on Muslim Family Laws: The Gambia 61st CEDAW Session July 2015 I. INTRODUCTION A. Objective Musawah, the global movement for equality and justice in the Muslim family, submits its twelfth Thematic Report on Muslim Family Law (and related concerns) for consideration by the CEDAW Committee in its review of the Republic of the Gambia, reporting before the 61st Session of the CEDAW Committee.1 This is the CEDAW Committee’s second engagement with the Republic of the Gambia, which acceded to the CEDAW Convention on 16 April 1993, without any reservations.2 Musawah’s issues of concern and supplementary research take a critical look at the status of marriage and family relations, as largely encapsulated in Article 16 of the CEDAW Convention. Since the concerns of equality and justice in the family are crosscutting, issues in Article 2 (implementation of non-discrimination), Article 5 (gender stereotypes; harmful practices), Article 9 (equal rights with regards to nationality), and Article 15 (equality before the law; freedom of movement and residence) are also covered.
    [Show full text]
  • The Challenges of Islamic Feminism1 Ziba Mir-Hosseini
    ESEJ / ESSAY GENDER AND RESEARCH The Challenges of Islamic Feminism1 Ziba Mir-Hosseini Abstract: By the early 1990s there were clear signs of the emergence of a new gender discourse that came to be labelled ‘Islamic feminism’. In this paper, I fi rst set this new discourse against the backdrop of the global and local politics of Islam and gender in the latter part of the 20th century. Then I introduce the work of feminist scholar-activists who argue for equality and justice from inside the Muslim tradition, outline how they seek to change the terms of traditional Islamic discourses on gender, and consider their prospects of success. I shall focus on Musawah (www.musawah.org), a global movement for equality and justice in the Muslim family. Keywords: Islam, Islamic feminism, family law, Musawah Mir-Hosseini, Ziba. 2019. ‘The Challenges of Islamic Feminism.’ Gender a výzkum / Gen- der and Research, Vol. 20, No. 2: 108–122, http://dx.doi.org/10.13060/25706578.2019. 20.2.486. The Muslim legal tradition does not treat men and women equally. At the heart of its unequal construction of gender rights lie two key assumptions: one theological – that God has given men authority over women; the other sociological, refl ecting an ancient premise – men are strong, they protect and provide, while women are weak and obey. These assumptions are reproduced in a set of legal rulings that the classical Muslim jurists derived from Islam’s sacred texts. They continue to constitute the established interpretations of the Shari‘a. With the expansion of human rights and feminist discourses in the course of the twentieth century, many Muslims came to see these interpretations as unjust and discriminatory and began to challenge them from within.
    [Show full text]
  • Musawah Thematic Report on Article 16: Qatar
    Musawah Thematic Report on Article 16: Qatar 57th CEDAW Session Geneva, Switzerland February 2014 Musawah c/o Sisters in Islam [SIS Forum (Malaysia)] No. 4, Lorong 11/8E, 46200 Petaling Jaya Selangor, Malaysia Tel: +603 7960 5121 Fax: +603 7960 8737 Email: [email protected] Website: http://www.musawah.org Musawah Thematic Report on Article 16: Qatar 57th CEDAW Session February 2014 TABLE OF CONTENTS I. INTRODUCTION A. Objective B. Methodology II. LEGAL BACKGROUND III. KEY ISSUES RELATED TO MARRIAGE AND FAMILY RELATIONS A. Guardianship B. Early and Forced Marriage C. Equal Rights & Responsibilities D. Polygamy E. Domestic Violence F. Divorce G. Custody & Guardianship of Children H. Right to Confer Nationality to Children I. Inheritance IV. CONCLUSION V. MUSAWAH VISION VI. ANNEX: GLOSSARY OF KEY TERMS Musawah Thematic Report on Article 16: Qatar ii Musawah Thematic Report on Article 16: Qatar 57th CEDAW Session February 2014 I. INTRODUCTION A. Objective Musawah, the global movement for equality and justice in the Muslim family, submits its sixth Thematic Report on Article 16 for consideration by the CEDAW Committee in its review of Qatar, reporting before the 57th Session of the CEDAW Committee.1 This report follows the July 2013 submission of the Musawah List of Issues and Questions on Article 16: Qatar to the CEDAW Committee, during its Pre-Sessional Working Group.2 Musawah’s issues of concern and supplementary research take a critical look at the status of marriage and family relations, as encapsulated in Article 16 of the CEDAW Convention. Since the concerns of equality and justice in the family are crosscutting, issues in Article 2 (implementation of non-discrimination), Article 9 (equal rights with regards to nationality), and Article 15 (equality before the law; freedom of movement and residence) are also covered.
    [Show full text]