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Islamic legal discourse

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Journal Article
Journal of Middle East Women's Studies (2018) 14 (3): 292–313.
Published: 01 November 2018
...Delfina Serrano-Ruano Abstract The social malaise produced by thousands of children born out of wedlock and abandoned is widely understood in the Maghreb. It has opened a breach in traditional Islamic legal discourses as well as social practices regarding the establishment of filiation in Tunisia...
Journal Article
Journal of Middle East Women's Studies (2018) 14 (2): 152–173.
Published: 01 July 2018
... Islamic societies often underestimate the nonjudgmental character of legal and medical discourse. Based on analysis of medical, lexicographical, and juridical discourse from the eighth to the eighteenth centuries, this article argues that the dominant strand of this discourse tolerated ambiguity...
Journal Article
Journal of Middle East Women's Studies (2020) 16 (2): 206–208.
Published: 01 July 2020
... adolescent girls as dependents, as does Islamic legal discourse on the subject. Furthermore, by combining case studies of specific people and their familial situations with investigations into the changes in Jewish law and the larger society in which these “Geniza Jews” lived, Krakowski revises many previous...
Journal Article
Journal of Middle East Women's Studies (2014) 10 (2): 31–51.
Published: 01 July 2014
...- ciety who exercise normative gendered behavior. To understand the spi- raling nature of Iran’s legal discourse with clerical opinions surrounding the topic of homosexuality in Iran, it is important to look at Iranian law, specifically the Islamic Punishment Act,13 which carries the provi...
Journal Article
Journal of Middle East Women's Studies (2011) 7 (1): 123–126.
Published: 01 March 2011
... Islamic Human Rights Commission (IHRC), these sites’ pointed purpose is to illustrate Osanloo’s ethnography of contem- porary women’s rights discourse as a source of empowerment, or “legal personhood” (100), through which women are increasingly enabled to demand rights within a liberal...
Journal Article
Journal of Middle East Women's Studies (2015) 11 (2): 221–223.
Published: 01 July 2015
... occurrences, insanity, or deviance, now entered the legal and medical discourse. Merging Islamic jurisprudence with sexology and psychiatry, Khomeini’s edict had important repercussions on the history and production of modern subjectivity in Iran, on the role of Islam as an epistemological discipline...
Journal Article
Journal of Middle East Women's Studies (2009) 5 (2): 104–106.
Published: 01 July 2009
... justice, and Islamic legal theory/practice. Increasingly, he notes, Muslim men and women are rethinking issues of justice within their communities and engaging with modern discourses of human rights as they become more integrated into an emerging global community. He classifi es...
Journal Article
Journal of Middle East Women's Studies (2016) 12 (2): 251–257.
Published: 01 July 2016
... of the Islamist movements through the lens of the performing arts. The second part explores the public debates between secularists and Islamists on the changing discourses on art and gender. The third part situates contemporary and competing discussions on concepts of post-Islamism, religious markets...
Journal Article
Journal of Middle East Women's Studies (2006) 2 (3): 102–104.
Published: 01 November 2006
... as the proper interpretation of the marriage contract. Th ey also outline a rich nonjudicial conversation among American Muslim activists—lawyers, law professors, scholars, and laypersons—that is helping to expand the discourse of Islamic law in the context of a secular legal society...
Journal Article
Journal of Middle East Women's Studies (2006) 2 (1): 122–126.
Published: 01 March 2006
... BOOK REVIEWS  Encyclopedia of Women and Islamic Cultures I: Methodologies, Paradigms and Sources Edited by Suad Joseph et al. Leiden: Brill, 2003. xlix+632. US$326. Encyclopedia of Women and Islamic Cultures II...
Journal Article
Journal of Middle East Women's Studies (2017) 13 (2): 315–317.
Published: 01 July 2017
... of illicit sexual intercourse and rape in Islamic law, Hina Azam explores formative and classical Islamic jurisprudence ( fiqh ) within two of the earliest Sunni schools of law: the Hanafi and the Maliki traditions. Offering a close critical reading of legal sources in the discipline of Islamic intellectual...
Journal Article
Journal of Middle East Women's Studies (2015) 11 (3): 283–305.
Published: 01 November 2015
... of marriage. In divorces based on forced or premature consummation, colonial medical and legal discourses that infantilized Muslim women and criminalized Muslim men created new pathways for women to escape abusive marriages. Conversely, women’s divorce suits based on nonconsummation were weakened by French...
Journal Article
Journal of Middle East Women's Studies (2009) 5 (1): 24–49.
Published: 01 March 2009
... the scope of his administrative and legal attributes. In contrast to his Ottoman predecessor, who was transferred every year to preclude his local involvement, he tends to be a full member of the com- munity in and for which he applies Islamic family law. Th e implications of his decisions reach...
Journal Article
Journal of Middle East Women's Studies (2018) 14 (3): 333–337.
Published: 01 November 2018
.... The intersection of gender with sexuality and migration was sidelined in favor of a focus on states, policy making, and the political mainstream. The local relevance of knowledge production was central to discourse during the two-day conference, as participants attempted to interrogate and envision...
Journal Article
Journal of Middle East Women's Studies (2014) 10 (2): 1–30.
Published: 01 July 2014
... at that, are based on the ideological utilization of not necessarily compatible legal frameworks-those of the Islamic legal sources and international human rights conventions, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Universal...
Journal Article
Journal of Middle East Women's Studies (2014) 10 (2): 107–134.
Published: 01 July 2014
..., and restrictive legal un- derstandings has no “precedent in Qur’an, Sunna, or classical Islamic” jurisprudence, which defined “the marriage contract as a fairly flexible instrument that the spouses could enter and exit within reasonable regulations.” The marriage contract was treated as a subcategory...
Journal Article
Journal of Middle East Women's Studies (2006) 2 (1): 1–32.
Published: 01 March 2006
... corrupt moral influences from abroad, a growing domestic materialist culture, a repressive government, and a legal order that too closely mimics Western legal traditions (see Moussalli 1995; Kandiyoti 1991; and Al-Azmeh 1994). A politicized Islamic discourse pervades all factions of Egyptian...
Journal Article
Journal of Middle East Women's Studies (2017) 13 (2): 195–218.
Published: 01 July 2017
... and caesarean birth. The critical discourse and frame analysis, based on online speeches and media articles of these actors from November 2002 through 2014, reveal a remarkable diversity both in the interpretation of Islamic teachings and in a group of actors with similar ideological orientation. The article...
Journal Article
Journal of Middle East Women's Studies (2009) 5 (2): 1–22.
Published: 01 July 2009
... of the revolution, and the environment that shapes their resistance, situating their rebellion. To this end, it is important to look at Iran’s history with Islam and Islamic rule as part of the discourse on both sexuality and gender. Islamists in power use gender roles and relations to play...
Journal Article
Journal of Middle East Women's Studies (2012) 8 (1): 10–36.
Published: 01 March 2012
... can be interpreted as an example of how women’s rights activism may be able to push its agenda while adjusting to both transnational discourses and national politics. Bettina Dennerlein teaches Gender Studies and Islamic Studies at the University of Zurich. She has studied in Berlin and Cairo...