Women, Family, and Gender in Islamic Law (Themes in Islamic Law, Series Number 3)

"Women, Family, and Gender in Islamic Law", written by a non-Muslim Georgetwon University history professor: Judith Tucker. Chapter titles: Woman as wife and man as husband: making the marital bargain (pre-twentieth-century practices, modern reformers); Woman and man as divorced: asserting rights (the legal tradition; reform); Woman and man as legal subjects (tradition, reform); Woman and man in gendered space: submitting (sexuality, juridical tradition, reform). The author briefly mentions various male Muslim women's-rights reformers of the 1860-s1920s. In discussing hadith marriage rules, the author opined: "Jurists may vary somewhat in the emphasis they place on the couple's or the man's pure enjoyment of sex versus marital sex as the key to legal reproduction, but the marriage contract is first and foremost for the establishment of licit sexual relations between a man and a woman" (p.42). The author briefly reviews topics of: What rights women had to refuse a marriage proposal; marriage contracts and dowries; some Shia vs Sunni differences regarding marriage rights and duties; a wife's right to object to her husband's demands; support; her religious devotions; discussion of the Quran's admonishment for `beating' a wife; when a man travels how many wives does he need to take along; maturity at time of marriage; Muta (temp) marriages. The author cites various marriage laws from numerous Muslim counties, but no real detailed in-depth discussion of them. This is the main shortcoming of this book, it provides a `shotgun' look at many gender issues, but while it quotes from the hadith and Quran occasionally, there are no firm `conclusions' regarding the legal rights of Muslim women. As the author herself noted: "I have not found it easy to provide a neat summary of the rules because of the diversity of legal opinion among the classical jurists, the reforming thinkers and officials, and contemporary activists" (p. 82). The author briefly notes how the different legal-schools (Hanbali, Hanfi, Maliki, etc.) differ in their interpretations. This book is useful for a student to begin to learn about the multitude of different issues pertaining to women's right in Muslim `law.' This book raises many questions regarding many `gender rules', and provides good perspectives, but few definitive `answers.' It is not written from a `feminist liberation' perspective, but an inquiring perspective in reviewing major gender issues. The issues are not reviewed in either confrontational or judgmental perspectives. This book provides a very useful look at the many sexist-related `regulations' that exist scattered throughout the Muslim community. A good (4 stars) look at "here are the sexism issues", weak (one star) on the "here are the historical hadith views", and empty regarding "here are the reforms" to establish Western secular-rights for Muslim women. Cover 1 Half-title 3 Series-title 4 Title 5 Copyright 6 Dedication 7 Contents 9 Acknowledgements 11 1 Introduction 15 Law, women, and gender 16 Islamic law 25 Islamic law and gender 38 2 Woman as wife and man as husband: making the marital bargain 52 Islamic marriage: the legal tradition 55 The marriage contract 55 The rights and duties of marriage 64 Islamic marriage: pre-twentieth-century practices 73 Reform and marriage 79 Recent developments 91 Conclusion 96 3 Woman and man as divorced: asserting rights 98 Islamic divorce: the legal tradition 100 Talaq 100 Tafriq 106 Khul 109 The idda 114 Islamic divorce: pre-twentieth-century practices 118 Reform and divorce 125 Recent developments 138 Conclusion 144 4 Woman and man as legal subjects: managing and testifying 147 Legal capacity and the Islamic juridical tradition 149 The pre-twentieth-century legal subject 163 Reform and the legal subject 173 Recent developments 182 Conclusion 186 5 Woman and man in gendered space: submitting 189 Space, sexuality, and the Islamic juridical tradition 191 The regulation of space and sexuality prior to the twentieth century 205 Reform, space, and sexuality 214 Recent developments 220 Conclusion 229 6 Conclusion 232 Glossary 240 Bibliography 246 Primary sources, documents, and reports 246 Secondary sources 248 Suggestions for further reading 258 Chapter 1 258 Chapter 2 (see also chapter 3) 258 Chapter 3 (see also chapter 2) 259 Chapter 4 259 Chapter 5 259 Conclusion 260 Index 261 In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social and economic position? In an analysis of Islamic law through the prism of gender, Judith Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system impacted on the family, property rights, space and sexuality, from classical and medieval times to the present. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it. Examines The Position Of Women In Islamic Society, And The Ways In Which The Legal System Has Shaped The Family, Property Rights, Space, And Sexuality, From Classical And Medieval Times To The Present, With Case Studies That Illustrate Discrimination And Expectations In The Culture. Introduction -- Woman As Wife And Man As Husband : Making The Marital Bargain -- Woman And Man As Divorced : Asserting Rights -- Woman And Man As Legal Subjects : Managing And Testifying -- Woman And Man In Gendered Space : Submitting. Judith E. Tucker. Includes Bibliographical References (p. 232-243) And Index.