Contesting justice : women, Islam, law, and society
"Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights, Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Qur'anic texts - and contrary to the established practice - the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females."--Jacket
eBook, English, ©2008
State University of New York Press, Albany, ©2008
1 online resource (xiv, 195 pages) : illustrations
9781435641259, 9780791478578, 1435641256, 0791478572
225155685
Legal absolutism and ethical relativism
To know or not to know : the basis of acts
Cognition through models and paradigms
The domain of ethics and the law
Chronology of Islamic thought
Ethics, morality, and the law
Determining God's position
Core and marginal sanctions
Emotion and law in the Qurʼānic discourse
Threats, incentives, and piety
Crime and punishment
Basis for the practice of polygamy
On the methodological and historical assumptions
Methodological and disciplinary precedence
Polygamy in the historical context
The philology of polygamy
Women in Islamic law of inheritance
The Qurʼānic and interpretive dichotomy
The legal and exegetical treatment of the verses on inheritance
Women, justice, and interpretation : the principle of `Awl
Explicitness, consensus, and interpretation
Shares and heirs per blind survey
Description of data collection
Explanation and interpretation of data
Women in modern times
Discussion: Linking polygamy and inheritance : disadvantaging women by the numbers
Discussing the status of women
Other contested perspectives
Bespoke justice versus tyranny of majoritism
Inclusion and exclusion of women
English