Journal•ISSN: 1569-2078
Hawwa
Brill
About: Hawwa is an academic journal published by Brill. The journal publishes majorly in the area(s): Islam & Family law. It has an ISSN identifier of 1569-2078. Over the lifetime, 252 publications have been published receiving 1160 citations. The journal is also known as: Hawwa (Boston).
Topics: Islam, Family law, Sharia, Empowerment, Human sexuality
Papers published on a yearly basis
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TL;DR: This paper explored ways in which women can pursue and achieve equality and justice in Islamic law, with a view to identifying both the legal theories and assumptions that inform them, and concluded by exploring the kinds of strategies for reform that are needed to re-ect the spirit of the age.
Abstract: This paper explores ways in which women can pursue and achieve equality and justice in Islamic law. It begins by examining constructions of gender rights in Islamic legal thought, with a view to identifying both the legal theories and assumptions that inform them, and concludes by exploring the kinds of strategies for reform that are needed to re Xect the spirit of the age. I argue that, broadly speaking, Islamic legal thought contains three distinct discourses on gender rights. While the Wrst two are premised on various forms of inequality between the sexes, the third argues for equality. The Wrst, which is the discourse of the classical shar“’a texts, I call Traditionalist. The second, which developed in the early part of the twentieth century and is re Xected in the modern legal codes in Muslim countries, I call Neo-Traditionalist— though it is commonly referred to as Modernist. The third, which I call Reformist, emerged in the last two decades and is still in the process of formation. It is within this discourse that gender equality in law can be achieved.
77 citations
TL;DR: In the Middle East, women's domestic work in the Ottoman Middle East was shaped by organizational and valuative premises that were also common to women outside the Ottoman and Islamic worlds.
Abstract: To an appreciable degree, female domestic work in the Ottoman Middle East was shaped by organizational and valuative premises that were also common to women outside the Ottoman and Islamic worlds. Ambiguity such as between women's duties and socially recognized "work", or between kin and servant—was a keynote of women's condition regardless of cultural setting. However, in the Middle East, the persistence of slavery into the late nineteenth century as a predominantly female and domestic-labor institution added a distinctive element to the nature of domestic labor and women's role within it.
29 citations
TL;DR: In this article, the authors examine three short fatwās that were issued in the Islamic West in connection with divorce disputes and examine how women used their own knowledge of the law or knowledge acquired from a male relative or acquaintance to work the system in an effort to extricate herself from an undesirable situation.
Abstract: I examine here three short fatwās that were issued in the Islamic West in connection with divorce disputes The first two cases took place in the sixth/twelfth century, one in Lisbon, the other in the vicinity of Ceuta; the third case took place in Bijāya in the ninth/fifteenth century In all three cases, the female protagonist finds herself in an unwanted marriage In the ensuing litigation, each woman uses her own knowledge of the law or knowledge acquired from a male relative or acquaintance to work the system in an effort to extricate herself from an undesirable situation In order to overcome the asymmetry of the laws of divorce and to achieve her objective, each woman is compelled to engage in some form of deceit and/or prevarication
29 citations
TL;DR: While religious guidance may be central in choosing a spouse or expectations from marriage, until the nineteenth century, it was the contractual nature of marriage that defined the actual union entered into by husband and wife and according to which they lived together as discussed by the authors.
Abstract: While religious guidance may be central in choosing a spouse or expectations from marriage, until the nineteenth century, it was the contractual nature of marriage that defined the actual union entered into by husband and wife and according to which they lived together. Most importantly, marriage contracts could and often did include specific conditions agreed upon by the parties to the contract. The modern period will witness a shift toward privileging the religious side of marriage at the cost of the contractual and women's agency would experience a serious shift due to modern personal status laws.
26 citations
TL;DR: In this paper, the authors explore the origin and diffusion of the legal saying, which stated that God's sanctions were not to be applied in cases where there was room for doubt (idra'ū l-hudūd bi-l-shubuhāt), and how it was transformed into a Prophetic saying that was employed mainly by Hanafis and Mālikīs, and rejected by the Hanbalīs and the Zāhirī Ibn Hazm.
Abstract: This article explores the origin and diffusion of the legal saying, which stated that God's sanctions were not to be applied in cases where there was room for doubt (idra'ū l-hudūd bi-l-shubuhāt), and how it was transformed into a Prophetic saying that was employed mainly by Hanafis and Mālikīs, and rejected by the Hanbalīs and the Zāhirī Ibn Hazm. Behind these developments there is the tension between two equally compelling needs in the early Islamic period: on the one hand, the desire to avoid as much as possible imposition of the severe hadd penalties; on the other hand, the fact that such avoidance usually played in favour of the rich and the powerful.
25 citations