Author: A CollectionPublisher: Kali/ZubaanYear: 2006Language: EnglishPages: 360ISBN/UPC (if available): 8186706690
In much of the Muslim world, women’s lack of knowledge about statutory provisions and about the sources of customs and practices applied in their immediate community obstructs their ability to change their circumstances. This understanding was the basis for the Women & Law in the Muslim World Programme of the international solidarity network, Women Living Under Muslim Laws (WLUML).Knowing our Rights forms part of the international synthesis of the Women & Law in the Muslim World Programme and is based on some 10 years of field experience, research and analysis by multi-disciplinary teams of net workers in over 20 countries across Asia, Africa and the Middle East. These include majority and minority Muslim communities; communities which are governed by family laws based on Muslim laws and those which are subject to a general law applicable to all communities; legal systems that formally recognize customary laws, and those that do not; as well as diverse (and changing) political situations.Research on women in the family was of principal importance because it is in the family that we experience imposed definitions of gender-appropriate roles on a daily basis. Knowing Our Rights is designed as a tool for activists engaged in lobbying and advocacy related to women’s rights within the family at the policy level as well as in communities. It covers twenty-six topics relevant to marriage and divorce, including the status of children (paternity and adoption) and child custody and guardianship. Not only is it unique in providing a user-friendly, cross-comparative analysis of the diversities and commonalities of laws and customs across the Muslim world, it is also the first handbook to attempt to rank laws in Muslim communities in terms of whether they are more or less option-giving for women, analyzed from a rights perspective and the realities of women’s lives.This Handbook is an essential resource for those taking a critical and questioning approach to rights, laws, and constructions of womanhood in Muslim countries and communities and beyond.
AcknowledgementsGlossaryAbbreviationsList of StatutesCHAPTER 1- INTRODUCTIONa) Women Living Under Muslim Laws and the Women & Law in the Muslim World Programmeb) International Synthesis of the W&L ProgrammeCHAPTER 2 - LAWS, LEGAL SYSTEMS AND CHANGEa) Our Definition of Termsb) Constitutional Law, CEDAW and International Human Rights Laws and Normsc) Laws and Social Contextsd) Constitutional and Legal FrameworksCHAPTER 3 - MARRIAGE REQUISITESa) An Overviewb) Capacityc) Consentd) Forced Marriage and Choice in Marriagee) Capacity to Marry-Other Prohibitionsf) Witnesses and Mahr (Dower)CHAPTER 4 - CHILD MARRIAGECHAPTER 5 - MARRIAGE CONTRACTSa) Registration and Validityb) Marriage Contracts and Registersc) Inherent Rights and Responsibilitiesd) Negotiated Rights and Responsibilitiese) Mahr (Dower)f) Other Payments and ExchangeCHAPTER 6 - TYPES OF MARRIAGESA) PolygynyB) Mut’a, Concubinage, and Common Law MarriageCHAPTER 7 - MAINTENANCECHAPTER 8 - STATUS OF CHILDRENCHAPTER 9 - DISSOLUTION OF MARRIAGEa) Dissolution of Marriage - An Overviewb) Muslim Laws on Dissolution - An Overviewc) Mubarat and Divorce by Mutual Agreement d) Talaqe) Talaq Tafwid (Esma and the Delegated Right of Divorce)f) Khulg) Other Forms of Dissolution for Womenh) Dissolution on Equal Grounds for Women and MenCHAPTER 10 - MATTERS RELATED TO DISSOLUTION OF MARRIAGEa) Idda and The Waiting Periodb) Financial Rights and Settlementsc) Hilala (Intervening Marriage)d) Custody and Guardianship of ChildrenANNEXE-1Countries covered by the W&L ResearchANNEXE-2List of OrganizationsBibliographyIndex