Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel

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  • Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel Book Detail

  • Author : Ahmad Natour
  • Release Date : 2021-04-07
  • Publisher : Rowman & Littlefield
  • Genre : Law
  • Pages : 223
  • ISBN 13 : 1793640971
  • File Size : 54,54 MB

Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel by Ahmad Natour PDF Summary

Book Description: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

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This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a c

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File Size : 68,68 MB
Total View : 8917 Views
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This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the "shari'a"