The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience. A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.

This volume brings together the practical insights and experiences of individuals and organisations working in diverse regions and contexts to combat 'crimes of honour'. Authors examine strategies of response to such manifestations of violence against women, focusing largely on 'honour killings' and interference with the right to choice in marriage, and the related use and legal treatment of the defence of 'honour' and 'provocation' in different countries of Europe, the Middle East, Latin America and South Asia. This timely volume is distinctive in approach and content, highlighting activist and practice-orientated academic perspectives from both the South and the North. The authors give voice to the struggle to locate 'crimes of honour' firmly within the international framework of violence against women and human rights, rather than positioning these abuses as specific to particular cultures or communities. The first of its kind, this book serves as a resource in addressing 'honour crimes' and, more broadly, violence against women, and will be of interest to a multi-disciplinary academic audience as well as to lawyers, policy-makers and activists.

Legal issues of personal status including those implicating women's rights continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world.
This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well asin Jordan.

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The leadership and legacy of al-Haq, from its origins in Palestine to its international impact   Established in Ramallah in 1979, al-Haq was the first Palestinian human rights organization and one of the first such organizations in the Arab world. This inside history explores how al-Haq initiated methodologies in law and practice that were ahead of its time and that proved foundational for many strands of today’s human rights work in Palestine and elsewhere. Lynn Welchman looks at both al-Haq’s history and legacy to explore such questions as: Why would one set up a human rights organization under military occupation? How would one go about promoting the rule of law in a Palestinian society deleteriously served by the law and with every reason to distrust those charged with implementing its protections? How would one work to educate overseas allies and activate international law in defense of Palestinian rights? This revelatory story speaks to the practice of local human rights organizations and their impact on international groups.  

This volume brings together the practical insights and experiences of individuals and organisations working in diverse regions and contexts to combat 'crimes of honour'. Authors examine strategies of response to such manifestations of violence against women, focusing largely on 'honour killings' and interference with the right to choice in marriage, and the related use and legal treatment of the defence of 'honour' and 'provocation' in different countries of Europe, the Middle East, Latin America and South Asia. This timely volume is distinctive in approach and content, highlighting activist and practice-orientated academic perspectives from both the South and the North. The authors give voice to the struggle to locate 'crimes of honour' firmly within the international framework of violence against women and human rights, rather than positioning these abuses as specific to particular cultures or communities. The first of its kind, this book serves as a resource in addressing 'honour crimes' and, more broadly, violence against women, and will be of interest to a multi-disciplinary academic audience as well as to lawyers, policy-makers and activists.

The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience. A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.