Women, Family, and Gender in Islamic Law

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.

Acknowledgements	p. ix
Maps	p. xi
Introduction	p. 1
Law, women, and gender	p. 2
Islamic law	p. 11
Islamic law and gender	p. 24
Woman as wife and man as husband: making the marital bargain	p. 38
Islamic marriage: the legal tradition	p. 41
Islamic marriage: pre-twentieth-century practices	p. 59
Reform and marriage	p. 65
Recent developments	p. 77
Conclusion	p. 82
Woman and man as divorced: asserting rights	p. 84
Islamic divorce: the legal tradition	p. 86
Islamic divorce: pre-twentieth-century practices	p. 104
Reform and divorce	p. 111
Recent developments	p. 124
Conclusion	p. 130
Woman and man as legal subjects: managing and testifying	p. 133
Legal capacity and the Islamic juridical tradition	p. 135
The pre-twentieth-century legal subject	p. 149
Reform and the legal subject	p. 159
Recent developments	p. 168
Conclusion	p. 172
Woman and man in gendered space: submitting	p. 175
Space, sexuality, and the Islamic juridical tradition	p. 177
The regulation of space and sexuality prior to the twentieth century	p. 191
Reform, space, and sexuality	p. 200
Recent developments	p. 206
Conclusion	p. 215
Conclusion	p. 218
Glossary	p. 226
Bibliography	p. 232
Suggestions for further reading	p. 244
Index	p. 247
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Women, Family, and Gender in Islamic Law

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