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Full-Text Articles in Law
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Scholarly Articles
This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …
Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh
Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
An-Na'im as I read him is postulating a process theory when it comes to the relationship of Islamic law to international law. He is advocating a bargaining relationship in which the Islamic side and the international side meet as equals in negotiating their contributions to the universal international. This process-based equality can only be achieved if, first, the international eschews its We sternness and the Islamic retains its internal sense of diversity, indeed secularism. The international abandons its Westernness when it abandons its pre-World War II impulse to colonize, imperialize, and hegemonize, acts which at heart render equality in the …
Modernizing Muslim Family Law: The Case Of Egypt, Lama Abu-Odeh
Modernizing Muslim Family Law: The Case Of Egypt, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The Author discusses the dynamics of family law reforms in modern Egypt as an instance of similar dynamics of reforms in other Muslim countries. The forces that push for reforms as well as those that try to limit them are also introduced. The Author begins by describing the historical legal background shared by the vast majority of Muslim countries, including Egypt. An account of the general evolution of Islamic law-from a dominant system existing within an Islamic state to a subordinate system existing within an overall secularized legal system characterized by legal borrowing from European codes-is given. Islamic law has …