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23 - On God, Promises, and Money

Islamic Divorce at the Crossroads of Gender and the Law

Published online by Cambridge University Press:  05 June 2012

Beverley Baines
Affiliation:
Queen's University, Ontario
Daphne Barak-Erez
Affiliation:
Tel-Aviv University
Tsvi Kahana
Affiliation:
Queen's University, Ontario
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Summary

Introduction

If liberalism is committed to the individual and individual choice, it is also conventionally taken to be committed to freedom and equality. Giving effects to such principles often creates tensions: the “free” acts of individuals will sometimes produce inequality; and state enforcement of equality will likely reduce individual freedom. Beyond that, despite statutory – even constitutional – guarantees of equality, systemic slants lead to gendered inequalities that almost invariably subjugate or disempower women, either individually or collectively. When faced with the claims of subordinated groups, liberalism is asked to make concessions in which these collisions intensify and multiply. In fact, if the mandate to address the rights or interests of groups is not perfectly consistent with liberalism's commitment to individuals, such group accommodation may, however, be necessary if individuals in those groups are to be treated liberally – that is, accorded liberty or equality. And the mandate to address the subordination of groups generates new collisions between liberty and equality: de facto freedom for subordinated groups may require their specific regulation, while equality of their members may require active distributions in their favor. The “politics of recognition” invoked by subordinated groups within liberalism is thus an inherently contradictory project, exposing in practice the ideals of liberty and equality as fundamentally paradoxical.

Type
Chapter
Information
Feminist Constitutionalism
Global Perspectives
, pp. 433 - 451
Publisher: Cambridge University Press
Print publication year: 2012

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References

Fournier, PascaleIn the (Canadian) Shadow of Islamic Law: Translating Mahr as a Bargaining Endowment 44 2006
1985
Zahra, M. A. 1955
1996
1996
Venkatraman, Bharathi AnandhiIslamic States and the United Nations Convention on the Elimination of All Forms of Discrimination Against Women: Are the Shari'a and the Convention Compatible? 44 1995
Oppermann, BrendaImpact of Legal Pluralism on Women's Status: An Examination of Marriage Laws in Egypt, South Africa, and the United States 17 65 2006
Abu-Odeh, LamaModernizing Muslim Family Law: The Case of Egypt 37 1045 2004
Hajjar, LisaReligion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis 29 2004
Lombardi, Clark BennerIslamic Law as a Source of Constitutional Law in Egypt: The Constitutionalization of the Sharia in a Modern Arab State 37 1998
2000
Mashhour, AmiraIslamic Law and Gender Equality – Could There be a Common Ground?: A Study of Divorce and Polygamy in Sharia Law and Contemporary Legislation in Tunisia and Egypt 27 2005
2007
Al-Hibri, AzizahThe Nature of Islamic Marriage: Sacramental, Covenantal, or Contractual? 201 2005
1998
Barron, Andreawww.theglobalist.com/StoryId.aspx?StoryId=6306 2009
Morse, AdrianSayeh, LeilaTunisia: Marriage, Divorce, and Foreign Recognition 29 1995
Mehdi, RubyaFacing the Enigma: Talaq-e-tafweez a Need of Muslim Women in Nordic Perspective 33 2005
Labidi, LiliaFrom Sexual Submission to Voluntary Commitment: The Transformation of Family Ties in Contemporary Tunisia, in The New Arab Family 122 2003
Foley, RebeccaMuslim Women's Challenges to Islamic Law: The Case of Malaysia 6 2004
Endut, NoraidaMalaysia's Plural Legal System and Its Impact on Women 20 2000
Shah, Nik Noriani Nik Badli 2009
2002
2007
Fournier, PascaleTransit and Translation: Islamic Legal Transplants in North America and Western Europe 4 2009
2002
1985
1996
Holmes, Oliver WendellThe Path of the Law 1897 Oxford University PressGoogle Scholar
1988
1995

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