Division 42 Governance and Democracy Women's Rights in the Arab world Overview of the status of women in family law with special reference to the influence of Islamic factors Background Published by: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH Postfach 5180, 65726 Eschborn Internet: http://www.gtz.de Commissioned by the: Ministry of Economic Cooperation and Development (BMZ) Concept: Juliane Osterhaus, Bushra A. Barakat Contacts: Christine Brendel, Bushra A. Barakat Telephone: (+49 61 96) 79 4121 Telefax: (+49 61 96) 79 6126 E-mail:
[email protected] Web: www.gtz.de/gender Responsible: Jörg Haas Text: Photo: Dr. phil. Anna Würth EPD About the author: Design by: Anna Würth holds a PhD. in Islamic studies and Jeanette Geppert, konzept & design an MA in anthropology. She is an advisor to the www.jeanette-geppert.de German Institute of Human Rights and teaches at the Free University, Berlin. After several years with Printed by: Human Rights Watch and as a guest professor at Klarmann Druck the University of Richmond, she now works as an www.klarmanndruck.de independent consultant in Berlin in the fields of development cooperation and human rights. Unrevised reprint December 2008 Division 42 Governance and Democracy Women's Rights in the Arab world Overview of the status of women in family law with special reference to the influence of Islamic factors Background Table of contents FOREWORD 5 SUMMARY 7 1. ISLAMIC LAW AND ITS MAIN SOURCES 8 2. THE STATUS OF WOMEN IN ISLAMIC LAW 10 3. HISTORICAL BACKGROUND: CODIFICATION OF LAW BY ARAB NATION-STATES 11 3.1 Motives for the codification of Islamic law 11 3.2 The nature of the “modern” family law 11 3.3 Family and the state 12 4.