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Women and Muslim Family Laws in Arab States AUP-ISIM-IS-BW-Welchman-22:BW 24-04-2007 19:22 Pagina 2
Women and Muslim Family Laws in Arab States: A Comparative Overview of WOMEN AND MUSLIM FAMILY LAWS WOMEN AND MUSLIM FAMILY LAWS Textual Development and Advocacy combines an examination of women’s rights in Muslim family law in Arab states across the Middle East with IN ARAB STATES discussions of the public debates surrounding the issues that are raised in processes of codification and amendment. A number of states have A COMPARATIVE OVERVIEW OF TEXTUAL recently either codified Muslim family law, or Women and Muslim Family Laws in have issued significant amendments or new DEVELOPMENT AND ADVOCACY Arab States: A Comparative Overview laws on the subject. This study considers these of Textual Development and new laws along with older statutes to comment Advocacy combines an examination. on patterns and dynamics of change both in Lynn Welchman the texts of the laws, and in the processes by women’s rights in Muslim family which they are drafted and issued. It draws IN ARAB STATES law in Arab states across the Middle on original legal texts as well as on extensive East with discussions of the public secondary literature for an insight into practice; debates surrounding interventions by women’s rights organisations and other parties are drawn on to identify women’s rights in Muslim family areas of the laws that remain contested. The law in Arab states across the Middle discussions are set in the contemporary global East with discussions of the public context that ‘internationalises’ the domestic debates the issues that are raised. and regional discussions. ISIM SERIES ON CONTEMPORARY LYNN WELCHMAN MUSLIMISIM SERIES SOCIETIES ON CONTEMPORARY MUSLIM SOCIETIES Lynn Welchmann is senior lecturer ISBN-13 978 90 5356 974 0 in Islamic and Middle Eastern Laws, School of Law at SOAS (School of Oriental and African Studies) at the University of London. -
Heirs of the Prophet: Islamic Authority and International Politics in the 21 Century by James A. Mikulec, Jr. B.A., Mercyhurst C
Heirs of the Prophet: Islamic Authority and International Politics in the 21 st Century by James A. Mikulec, Jr. B.A., Mercyhurst College, May 2005 M.A., George Washington University, August 2007 A Dissertation submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy January 31, 2014 Dissertation directed by Marc Lynch Professor of Political Science and International Affairs and of Media and Public Affairs The Columbian College of Arts and Sciences of The George Washington University certifies that James A. Mikulec, Jr. has passed the Final Examination for the degree of Doctor of Philosophy as of December 13, 2013. This is the final and approved form of the dissertation. Heirs of the Prophet: Islamic Authority and International Politics in the 21 st Century James A. Mikulec, Jr. Dissertation Research Committee: Marc Lynch, Professor of Political Science and International Affairs and of Media and Public Affairs, Dissertation Director Nathan Brown, Professor of Political Science and International Affairs, Committee Member Martha Finnemore, University Professor of Political Science and International Affairs, Committee Member ii © Copyright 2014 by James A. Mikulec, Jr. All rights reserved iii Dedication I dedicate this dissertation to Jessica and to my family, especially my parents, James and Donna Mikulec, and my grandparents, Peter and Joyce Izzi and Joseph and Laura Mikulec, who always encouraged me to pursue the things that I love. Without their constant support, I would not be here today. iv Acknowledgements This dissertation was written during (and, in some cases, was an eyewitness to) a particularly important, but volatile period in the political and social history of the Middle East and the Muslim world. -
By Hélène Thibault
C A P P A P E R N O . 2 5 5 By Hélène Thibault Photo: IMDb As a soft authoritarian state whose society is considered relatively socially conservative, Kazakhstan’s regulation of sexual practices and marriage blends liberal lifestyles with patriarchal outlooks. The issue of polygyny has been well Hélène Thibault has been Assistant researched in Tajikistan and Kyrgyzstan, often in light of Professor of Political Science and women’s economic vulnerability, the re-traditionalization of International Relations at Nazarbayev gender roles, and increasing religiosity. In contrast, this paper University, Kazakhstan, since 2016. She specializes in ethnography, gender, and the highlights the cosmopolitan, sometimes glamourous, character securitization of Islam in Central Asia. She is of polygyny in oil-rich Kazakhstan. In Kazakhstan, many the author of Transforming Tajikistan: Nation- Building and Islam in Central Asia associate polygyny with women’s economic vulnerability and (Bloomsbury Publishing, 2017) and has been opportunism, others with the country’s perceived demographic published in Central Asian Survey, Ethnic problems, and still others with religious traditions and and Racial Studies, and the Journal of Contemporary Ethnography, among others. patriarchal oppression. However, interviews and focus groups I Her current projects look at gender issues in conducted in 2019-2020 reveal that becoming a second wife Central Asia, including marriage, polygyny, and male sex-work. (locally referred to as tokal) represents a way for some women to retain independence in their relationships. CAP Paper No. 255 s a soft authoritarian state whose society is considered relatively socially conservative, Kazakhstan’s regulation of sexual practices and marriage blends liberal lifestyles with A patriarchal outlooks. -
Funeral Services in the Unfortunate Event of Death of a Family Member
Funeral Services In the unfortunate event of death of a family member or friend, MCA provides complete Islamic funeral arrangements including: § Obtaining a death certificate and burial permit. § Arrangements for storing a body. § Ghusl (washing) before burial. § Janaza (funeral) prayer. § Transportation to a burial ground. § Acquiring a burial plot at a number of cemeteries. § One phone call is required to initiate this process. What to do before imminent death? Family members of the dying person and their most pious friends should be present at their side to help turn the final thoughts to Allah, reminding him or her of all the good deeds they did, about Allah's mercy, and Allah's favors. Prophet Muhammad (pbuh) said: "Let no Muslim die except expecting and hoping the best from Allah" (Muslim). Family members and friends can advise the dying person very gently (encouragement without insistence) to say the shahada: "La Illaha illallah", which means there is no God but Allah, in a very kind and sincere manner as these may be their last words. Abu Saeed Al- Khuduri reported that Prophet Muhammad (pbuh) said: "Help Muslims who are dying to say "La Illaha illallah" (Muslim). Family members should make Dua (supplication) to Allah to help make the final moments easy, and to forgive them. What can MCA do for you? 1. Arrange transportation of the body 2. Wash the body Islamicaly 3. Shrouding (kafan) and a casket 4. Arrange for the congregational funeral prayer All items 1-4 take place at Masjid An-Noor at 1755 Catherine St, Santa Clara. Burial can be at Five Pillars Farm, an Islamic Cemetery in Livermore, CA, or at any cemetery in the Bay Area, CA. -
Polygyny: a Study of Religious Fundamentalism Margaret L
Polygyny: A Study of Religious Fundamentalism Margaret L. Granath Submitted under the supervision of Professor Kathleen Collins to the University Honors Program at the University of Minnesota-Twin Cities in partial fulfillment of the requirements for the degree of Bachelor of Arts, magna cum laude, in political science. April 24, 2021 2 Acknowledgements: I would like to give thanks: To Prof. Kathleen Collins, for her guidance throughout the writing process of this work. She took a chance on me when I was a freshman, allowing me to work with her as a research assistant for three years of college until I wrote this thesis under her supervision. I am a better writer, a better researcher, and a better thinker due to her mentorship. To my parents, Al and Teresa. They never restricted what I read as a child (which turned out to be a good thing, because I read Under the Banner of Heaven in 7th grade, which turned into the inspiration for this thesis). Thank you for fostering my curiosity, then and now. To my siblings, Ellica and Kyle, thank you for allowing me to bore you with conversations about religion at dinner. All of my love. To Scott Romano, for delivering various fast foods to me during the writing process—I owe you many. Thank you for always reminding me of my worth (and to take a break). To Morgan McElroy, for his friendship. Editing your papers was a much-needed reprieve. Thank you for being there. To the women of Gamma Phi Beta, for listening each week as I shared the struggles and successes of this writing process. -
MAJLIS VOL 24 NO 12.Pub
Roses have thorns! The Haqq too SUBSCRIPTION RATES (2018) has thorns! TWELVE ISSUES “We strike South Africa ................…...................... R30 baatil with the Neighbouring States ….......................... $15 All Other Countries .............................. $20 Haqq. Then it crushes the brains of baatil.” (Qur’aan) “On earth are signs for people of firm Faith, and (also) within yourselves. What, have you no intelligence?” (Qur’aan) THE first place approach the There is no new con- five years, and may need of legislation for kuffaar court for direc- sequence in the court’s even be thwarted by oth- recognition of their mar- COURT’S tives in matters for ruling. It is simply an er factors and develop- riages. They are quite which Allah Azza Wa affirmation of the stance ments. There exists a comfortable with the RULING AND Jal has already issued which the courts have ludicrous notion in the secular kufr laws, hence THE STUPID His Decree more than adopted and according minds of ignorant Mus- their clamour for recog- fourteen centuries ago. to which they have been lims regarding the nition is incongruent GLOATING The Divine Orders of issuing verdicts and de- court’s decree. They la- and irrational. the Shariah are binding crees since the past 20 bour under the falla- The Western Cape High The High court’s or- and final on all Mus- years. The courts have cious idea that the Court has ruled that the der is a superfluity and lims. Therefore, Mus- always recognized Is- court’s order means the State has a constitution- it appears more of a lims will not efface their lamic marriages despite legislation of the kufr al obligation to enact symbolic gesture to pla- Imaan by resorting to such marriages being MMB (Muslim Marriag- legislation to recognize cate the women’s lobby. -
What Should Be Done When a Loved One Dies?
1 What Should be Done when a Loved One Dies? The following are the specific Islamic rites honoring the deceased: 1) Closing the eyes of the deceased: The Prophet (pbuh) said, “When a soul is seized, the eyesight follows it.” 2) Covering the deceased: Covering the deceased is a way of respecting and preserving the dignity of the deceased. 3) Donation of organs: Donate any organ or part of the body only if the deceased requested in his/her will and testament or is registered as a donor. Family members have no rights to donate organs or parts of the body without the prior consent of the deceased. 4) Arrangements for burial: Family members may contact any Islamic funeral director in the area to handle the burial procedures including the funeral prayer and prepare for burial without delay. 5) Informing relatives and friends: It is desirable to inform relatives, neighbors, friends and co- workers of the deceased about his or her death so that they may share in the reward of participating in the funeral prayer as well as praying for the deceased. 6) Washing the body: The guardian of the deceased should wash, wrap and arrange for the funeral prayer prior to burial. The funeral director may assist in case the guardian is unable to do so. 7) Funeral prayer: The funeral prayer or salat al-Janazah is a collective duty upon the Muslim community. The funeral prayer may be performed at a mosque or any public community hall. The prayer is led by a local Imam or preferably by the male guardian, son or any person the deceased may have designated. -
In the Supreme Court of British Columbia
BC su Poligamia IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588 Date: 20111123 Docket: S097767 Registry: Vancouver In the Matter of: The Constitutional Question Act, R.S.B.C. 1986, c 68 And In the Matter of: The Canadian Charter of Rights and Freedoms And in the Matter of: A Reference by The Lieutenant Governor In Council Set Out in Order In Council No. 533 dated October 22, 2009 concerning the Constitutionality of s. 293 of the Criminal Code of Canada, R.S.C. 1985, c. C-46 Before: The Honourable Chief Justice Bauman Reasons for Judgment Counsel for the Attorney General of British Columbia: Counsel for the Attorney General of Canada: Counsel for the Reference Amicus: Counsel for the Interested Persons: Beyond Borders: Ensuring Global Justice for Children: British Columbia Civil Liberties Association: British Columbia Teachers’ Federation: Canadian Association for Free Expression: Canadian Coalition for the Rights of Children and the David Asper Centre for Constitutional Rights: Canadian Polyamory Advocacy Assoc.: Christian Legal Fellowship: James Marion Oler and the Fundamentalist Church of Jesus Christ of Latter Day Saints: REAL Women of Canada: Stop Polygamy in Canada: West Coast Legal Education and Action Fund: Place and Dates of Trial: Place and Date of Judgment: Table of Contents I. INTRODUCTION II. COURSE OF PROCEEDINGS A. The Reference Questions B. The Participants C. The Evidence D. Webcast of Final Submissions III. EVIDENTIARY ISSUES A. Factors Justifying a Liberal Approach to Admissibility in a Trial Reference 1. The Importance of Evidence in Charter Litigation 2. -
Islamic Funeral Rites and Practices Question
FREQUENTLY ASKED QUESTIONS - ISLAMIC FUNERAL RITES AND PRACTICES QUESTION Is post mortem allowed in Islam? ANSWER It is not permitted under normal circumstances since the mayyit should be treated with respect. According to a hadith of the Prophet (upon whom be Allah's blessings and peace), "Breaking the bones of a deceased person, is tantamount to breaking his bones when alive." (Reported by Abu Dawud, Ibn Majah). The only exception is when foul play is suspected, and there is a need for criminal investigation. Maslahali 'aammah (public interest) outweighs other considerations in this situation. QUESTION Can a mayyit be transported to another country for burial? ANSWER It is preferred that the mayyit be buried in the country of death. However, if a person dies while travelling abroad, his body can be transported to his homeland for burial. The body of Caliph Abu Bakr's son was brought to Madinah for burial, although' Aishah, the mother of the faithful, expressed displeasure over it, and wished he had been buried at the place of death. It is also reported that (because of some pressing reasons) Jabir b. Abd Allah, one of the Companions of the Prophet (upon whom be Allah's blessings and peace), relocated the body of his father six months after burial (Abu Dawud). QUESTION Are there any special du 'as to be recited while bathing a mayyit? ANSWER There are no prescribed dua's to be recited. However one should recite Bismillaahi arrahmaani raheem (In the name of Allah, the Beneficent, the Merciful) when starting ghusl. There is no mention anywhere that the Prophet (upon whom be Allah's blessings and peace) prescribed any du 'as for this occasion. -
The Religion of Islam
THIRD PART LAWS AND REGULATIONS OF ISLAM CHAPTER I PRAYER Sec. 7. Value of Prayer The fundamental religious duties recognized by Importance of prayer Islafn are five, vis., prayer, zakat or in Islam. poor-rate, fasting, pilgrimage and jihad, but while jihad is a national duty, the first four are, more or less, individual duties, though having an important national value. Among these four, prayer undoubtedly occupies the most important position, and is given the greatest prominence in the Holy Qur'an; poor-rate coming next to it. The importance of prayer may be judged from the following facts that it was the first duty enjoined on the Holy Prophet; that, though prayer and zakat are often mentioned together in the Holy Qur'an, prayer always takes precedence; and that the keeping up of prayer is the most frequently repeated injunction of the Holy Qur'an. It has also been generally recognized as the first and foremost duty of a Muslim. There are several reasons why prayer has been given this impor- tance. It is really the first step in the onward progress of man, and yet it is also his mi raj, his highest spiritual ascent. Prayer keeps man away from evil, and thus enables him to attain to his perfection. It helps him to realize the Divine in him, and that realization not only urges him to do disinterested service for humanity but also makes him attain the highest degree of moral and is also the means of spiritual perfection. Prayer levelling all differences of rank, colour and nationality, and the means of bringing about a cohesion and unity among men which it the necessary basis of a living civilization, 355 THE RELIGION OF ISLAM Reference to the beginning of the Holy Qur'an will Self-development show what prayer really aims at through prayer. -
The Practice of Polygyny Among Contemporary Yoruba Muslims in South-Western Nigeria: Its Implications for Societal Peace
KIU Journal of Social Sciences KIU Journal of Social Sciences Copyright©2020 Kampala International University ISSN: 2413-9580; 6(1): 231–241 The Practice of Polygyny among Contemporary Yoruba Muslims in South-Western Nigeria: Its Implications for Societal Peace DAUDA ASHIR EGBEOLOWO Olabisi Onabanjo University, Ago-Iwoye, Nigeria Abstract. Polygyny had been in practice among the “Polygamy” an umbrella term for the words Yoruba people from time immemorial due to many „polygyny‟ and „polyandry‟ is defined as marriage in reasons, among which are, inability of the wife to which a spouse of either sex may have more than one procreate, health challenges, the need for more hands mate at the same time. Polygyny is the state or to assist in agricultural works, and a mark of status. practice of having more than one wife or female mate However, in the recent time, many of the Yoruba at a time while polyandry on the other hands is the Muslim men practise polygyny lustfully to marry state or practice of having more than one husband or more than one wife and abandon them to fend for male mate at one time (Ambali, 1998: 160). In this themselves. This practice which is common among paper, the focus is to study the practice of the the Yoruba Muslims has given rise to a lot of restricted form of polygyny introduced by Islam problems in marriages which result in increase in among the contemporary Yoruba Muslims of South- dysfunctional families thereby posing a great threat to Western Nigeria and its implications for societal societal peace. -
Women in Islam & Refutation of Some Common Misconceptions
Women in Islam & Refutation of some Common Misconceptions By: Dr. Abd Ar-Rahman bin Abd Al-Karim Ash-Sheha Translated by: Abu Salman Deya ud-Deen Eberle Edited by: Abu Ayoub Jeromē Boulter Abdurrahman Murad Second edition - edited by: EUROPEAN ISLAMIC RESEARCH CENTER (EIRC) WWW.ISLAMLAND.COM 2 This book deals with the following questions and issues: The state of women through the ages: women in the pre-Islamic Arab society; Indian society; Chinese society; Greek society; Roman society; traditional Jewish society; traditional Christian society; and modern secular society. Matters in which Men and Women are equal in Islam: in basic humanity; in application of obligations; in rewards and punishments in this worldly life and the hereafter; in ownership and the freedom of financial transaction; in preserving the honor and nobility; in mandatory education; and in bearing responsibility towards reforming the society. Women’s status and rights in various stages of life in the Muslim society: as a baby, child and young girl; as a sister; as a wife; as a mother; as kinsfolk and neighbor, and as a woman in general. Misconceptions about women’s rights and obligations in Islam and their refutation: on polygyny; on leadership and responsibility; on the marriage Contract and guardianship; on divorce; on testimony; on inheritance; on blood money; on employment; and on Hijab (covering head and face). 3 4 Table of Contents Foreword of Translator Preface Introduction Demands about Women's Rights Status of Women throughout the Ages: Women in the Pre- Islamic Societies and Civilizations Women's Rights in Islam: in general, as children and daughters, as sisters, as wives, as mothers.