Contesting justice : women, Islam, law, and society / Ahmed E. Souaiaia.

Format:

Book

Author/Creator:

Souaiaia, Ahmed E.

Language:

English

Subjects (All):

Islamic law--Philosophy.

Islamic law.

Islamic law--Methodology.

Polygamy (Islamic law).

Women (Islamic law).

Islamic law--Social aspects.

Qurʼan--Hermeneutics.

Qurʼan.

Physical Description:

1 online resource (213 pages)

Edition:

First edition.

Place of Publication:

Albany : State University of New York Press, c2008.

Language Note:

English

Summary:

Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.

Contents:

Intro

Contesting Justice

Contents

Illlustrations

Preface

Acknowledgments

Introduction

1. Legal Absolutism and Ethical Relativism

To Know or Not to Know: The Basis of Acts

Cognition through Models and Paradigms

2. The Domain of Ethics and the Law

Chronology of Islamic Thought

Ethics, Morality, and the Law

Determining God's Position

Core and Marginal Sanctions

Emotion and Law in the Qur' nic Discourse

Threats, Incentives, and Piety

Crime and Punishment

3. Basis for the Practice of Polygamy

On the Methodological and Historical Assumptions

Methodological and Disciplinary Precedence

Polygamy in the Historical Context

The Philology of Polygamy

4. Women in Islamic Law of Inheritance

The Qur'nic and Interpretive Dichotomy

The Legal and Exegetical Treatment of the Verses on Inheritance

Women, Justice, and Interpretation: The Principle of `Awl

Explicitness, Consensus, and Interpretation

Shares and Heirs in the Comparative Context

Shares and Heirs per Blind Survey

Description of Data Collection

Explanation and Interpretation of Data

5. Women in Modern Times

Discussion

Linking Polygamy and Inheritance: Disadvantaging Women by the Numbers

Discussing the Status of Women

Other Contested Perspectives

Bespoke Justice versus Tyranny of Majoritism

Inclusion and Exclusion of Women

Conclusion

Appendix A

Appendix B

Notes

Bibliography

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

P

Q

R

S

T

U

W

Y

Z.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. [177]-190) and index.

ISBN:

9780791478578

0791478572

9781435641259

1435641256

OCLC:

225155685