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Articles 1 - 10 of 10
Full-Text Articles in Religion Law
Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Case For American Muslim Arbitration, Rabea Benhalim
The Case For American Muslim Arbitration, Rabea Benhalim
Publications
This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Faculty Publications
This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …
(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury
(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury
Faculty Publications
This article argues that in order to emancipate Indian-Muslim women from an outdated family legal code, their position at the intersection of gender and a minority religion must be taken seriously. Proposals for reform that have been suggested by Western liberal, secular feminists that ignore the importance of women's religious affiliation fail to do this. Moreover, by making assumptions about the strength of secularism in India, the willingness of the state to enact legal reforms driven by gender concerns, and by failing to acknowledge the limits of formal rights alone in changing norms, these scholars do not account for the …
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Faculty Publications
No abstract provided.
Book Review, Dena S. Davis
Book Review, Dena S. Davis
Law Faculty Articles and Essays
This is a review of Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today by Rachel Biale (1995). It is a minor miracle. It is readable and free of unnecessary jargon, and accessible to the educated reader who has only some introduction to the nature of Jewish law (Halakhah). At the same time, it is serious and scholarly and would work very well as a text for a graduate seminar on Jewish law, women and law, or religion and law. The author celebrates the increasing power and visibility of women in all denominations of Judaism, …
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Law Faculty Publications
In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri
Law Faculty Publications
In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …