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Human Rights of Women and Children under the Islamic Law of Personal Status and Its Application in Saudi Arabia 伊斯兰人位法下的妇女儿童人权及其在沙特阿拉伯的适用
Q3 Social Sciences Pub Date : 2009-04-07 DOI: 10.2202/1554-4419.1158
Zainah Almihdar
Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law.
沙特阿拉伯已批准《消除对妇女一切形式歧视公约》和《儿童权利公约》。但是,它作出了一般性保留,大意是,如果《公约》的某一条款与伊斯兰法的原则有冲突,伊斯兰法应优先考虑。沙特阿拉伯王国妇女和儿童的家庭法权利因未达到消除对妇女歧视委员会和儿童权利委员会制定的标准而受到批评。本文着眼于这些权利的国际设定标准,并将其与沙特阿拉伯适用的伊斯兰法的家庭法规则进行比较。然后审查沙特阿拉伯在这一领域的某些做法、案件判决和该国最近的发展。这些事态发展包括沙特法官宣布儿童婚姻无效的第一起案件,第一次对虐待女儿导致其死亡的父亲判处死刑,以及旨在教育妇女并呼吁在婚姻期间和婚姻解除后保护其权利的沙特离婚倡议。这篇文章强调,尽管有许多改进,沙特阿拉伯仍然需要编纂伊斯兰个人地位法,因为这项措施将是在家庭法中界定和保护妇女和儿童权利的基础。
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引用次数: 10
From Perversion to Pathology: Discourses and Practices of Gender Policing in the Islamic Republic of Iran 从变态到病态:伊朗伊斯兰共和国性别警察的话语和实践
Q3 Social Sciences Pub Date : 2009-04-07 DOI: 10.2202/1554-4419.1152
R. Bahreini
The Islamic Republic of Iran punishes homosexuality with death but it actively recognizes transsexuality, and partially funds sex change operations. This article aims to examine how this seemingly progressive stance on transsexuality is connected to the IRI's larger oppressive apparatus of gender. It will first provide an overview of the cultural politics of gender and sexuality under the Islamic Republic's rule, and will then discuss the confluence of religious and medical literatures that led the Islamic Republic to adopt its new discourse on transsexuality despite – or perhaps rather because of – its sex/gender politics. The article does not deny that this emerging discourse has been somewhat empowering for those transsexuals who genuinely desire surgical transformation. But empowering as it might have been for such transsexuals, the emerging discourse is still deeply troubling since it systematically regards homosexuality and more generally any sexual or gender non-conformity as unintelligible, perverse, and punishable by law, except for those willing to transform their "wrong bodies." The article will, therefore, demonstrate that the IRI's permission of transsexuality and sex change operations is motivated by a goal that is more about assimilating gender atypical individuals into the heteronormative order than about broadening horizons for sex/gender possibilities. The article ends by discussing how this discourse is making non-surgical trans/multi-gendered identity illegible and illegitimate not only as a publicly recognized possibility, but also with regard to transpersons' own self-perception and self-constitution of their gender and sexual subjectivity.
伊朗伊斯兰共和国将同性恋处以死刑,但积极承认变性,并部分资助变性手术。本文旨在探讨这种看似进步的变性立场是如何与IRI更大的性别压迫机制联系在一起的。它将首先概述伊斯兰共和国统治下的性别和性行为的文化政治,然后讨论宗教和医学文献的融合,这些文献导致伊斯兰共和国采用其关于变性的新话语,尽管——或者更可能是因为——其性别/性别政治。这篇文章并不否认,这种新兴的话语在某种程度上赋予了那些真正渴望手术转化的变性人权力。但是,尽管对这些变性人来说,这可能是一种授权,但新兴的话语仍然令人深感不安,因为它系统地认为同性恋以及更普遍的任何性或性别不一致都是不可理解的,反常的,并且要受到法律的惩罚,除了那些愿意改变他们“错误身体”的人。因此,本文将证明,IRI允许变性和变性手术的动机更多是为了将非典型性别个体同化到异性恋规范秩序中,而不是为了拓宽性别/性别可能性的视野。文章最后讨论了这种话语是如何使非手术的跨性别/多性别身份变得难以辨认和非法的,不仅作为一种公开承认的可能性,而且关于跨性别者自己对性别和性主体性的自我感知和自我构成。
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引用次数: 17
Review of Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook 1999-2006年尼日利亚北部伊斯兰教法执行情况审查:资料书
Q3 Social Sciences Pub Date : 2009-04-07 DOI: 10.2202/1554-4419.1159
Mashood a. Baderin
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引用次数: 6
Use of Force in the Sudan: Between Islamic Law and International Law 在苏丹使用武力:伊斯兰法与国际法之间
Q3 Social Sciences Pub Date : 2009-01-07 DOI: 10.2202/1554-4419.1157
Sean Hilhorst
There are barriers of perception between Sudanese Muslims for whom the sharia is a source of authority and identity and others who see it as an oppressive means of dominating Sudan's minority populations. I make a distinction between process and substance in law, and show that a flawed process has contributed to a perception of international law as an instrument of powerful states, which has obscured its legislative and procedural usefulness to the Sudan as a member of the United Nations. Similarly a distortion of due process in Sudan's sharia has created a substance derived from the legacy of medieval Arabia rather than applied legal methodology. One consequence of this is that Sudan's Civil Wars have been given the attributes of offensive jihad against its diverse non-Muslim populations. I argue that offensive jihad was a legal construction designed to meet the challenges of medieval Arab society, with little basis in the fundamental sources of Islamic law or in contemporary legal methodology. I advocate a return to due process as a partial solution to the impasse between Muslim and non-Muslim identities in the Sudan, and show how international law can be improved by accommodating other legal traditions.
对苏丹穆斯林来说,伊斯兰教法是权威和身份的来源,而对其他人来说,伊斯兰教法是统治苏丹少数民族的压迫手段,两者之间存在认知障碍。我对法律中的程序和实质进行了区分,并指出有缺陷的程序造成了将国际法视为强国工具的看法,这掩盖了国际法对作为联合国成员的苏丹在立法和程序上的有用性。同样,苏丹伊斯兰教法中对正当程序的扭曲创造了一种源自中世纪阿拉伯遗产的实质,而不是适用的法律方法。这样做的一个后果是,苏丹内战被赋予了针对其多样化的非穆斯林人口的进攻性圣战的属性。我认为,攻击性圣战是一种旨在应对中世纪阿拉伯社会挑战的法律建构,在伊斯兰法的基本来源或当代法律方法论中几乎没有基础。我主张恢复正当程序,作为解决苏丹穆斯林和非穆斯林身份之间僵局的部分办法,并表明如何通过适应其他法律传统来改进国际法。
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引用次数: 1
Implementing International Human Rights Law in Post Conflict Settings - Backlash without Buy-In: Lessons from Afghanistan 在冲突后环境中实施国际人权法-不接受的反弹:来自阿富汗的教训
Q3 Social Sciences Pub Date : 2009-01-07 DOI: 10.2202/1554-4419.1146
Leanne Smith
This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a ‘top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and long-term approach to human rights implementation should be taken in post conflict situations, if ‘human rights' is to be more than a catch phrase for membership of the international community.
本文以阿富汗为例,探讨了在冲突后国家,特别是在伊斯兰国家实施国际人权标准的困难。本文将提出,以“自上而下”的方式实施国际人权法是无效的,并以西方风格的阿富汗宪法为例,其中包含许多人权保护,如宗教自由,这在当代阿富汗社会是无法实现的。有人认为,如果要使“人权”不只是国际社会成员的口头语,就应该在冲突后局势中对人权的执行采取一种更加透明、协商和长期的办法。
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引用次数: 6
Reconsidering Gender Inequality and Honour Suicide within the Frame of Different Liberal Theories: Turkey-Batman Case 不同自由主义理论框架下对性别不平等与荣誉自杀的再思考:土耳其-蝙蝠侠案例
Q3 Social Sciences Pub Date : 2009-01-07 DOI: 10.2202/1554-4419.1138
Hatice Karaçay Çakmak, N. Altuntaş
The aim of this paper is to investigate how different liberal theories can be applied in order to explain and assess honour suicide cases in the Batman area of Turkey. In the first section of the study, the general framework of these theories and their viewpoints regarding gender inequality in a multicultural world will be analyzed. The second section will explain socio-economic facts about Turkey, its Southeastern region and the Batman area. The last section will outline how these theories are inadequate in explaining and solving the Honour-Suicide problem in Batman and why an alternative approach must be taken in order to assess this case.
本文的目的是研究如何运用不同的自由主义理论来解释和评估土耳其巴特曼地区的荣誉自杀案件。在研究的第一部分中,将分析这些理论的总体框架及其对多元文化世界中性别不平等的观点。第二部分将解释有关土耳其、其东南部地区和巴特曼地区的社会经济事实。最后一节将概述这些理论如何不足以解释和解决蝙蝠侠的荣誉自杀问题,以及为什么必须采取另一种方法来评估这种情况。
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引用次数: 2
The Issue of Hijab in France: Reflections and Analysis 法国头巾问题:反思与分析
Q3 Social Sciences Pub Date : 2007-09-20 DOI: 10.2202/1554-4419.1079
Amani K. Hamdan
Europe's largest Muslim population of 4-5 million Muslim resides in France. On February 10, 2004 the French government approved an internationally controversial ban on headscarves, known as the hijab, worn by Muslim women attending public schools. Although the law banned all religious symbols, in this paper I focus on the ramification it has on the Muslim girls adhering to the hijab. The purpose of this paper is to discuss the legislation ban of the hijab in France. Several questions are explored at various stages of the discussion including the following: Is wearing the hijab an expression of culture, religious obligation, or both? Does wearing the hijab jeopardize secularism, as French educational policy suggests? What are the alleged reasons, explicit and underlying, for the French legislation under scrutiny? What do French educators think of the law banning the hijab? Did the legislation take into account the decision's effect on young Muslim women in France, their self-esteem, their educational pursuits, and their identity formation?
欧洲最大的穆斯林人口有四五百万穆斯林居住在法国。2004年2月10日,法国政府批准了一项国际上有争议的禁令,禁止在公立学校上学的穆斯林妇女戴头巾。虽然法律禁止所有宗教符号,但在本文中,我主要关注它对穆斯林女孩坚持戴头巾的影响。本文的目的是讨论在法国的立法禁止头巾。在讨论的不同阶段探讨了几个问题,包括:戴头巾是一种文化、宗教义务的表达,还是两者兼而有之?戴头巾会像法国教育政策所暗示的那样危害世俗主义吗?被审查的法国立法所声称的明确和潜在的原因是什么?法国教育工作者如何看待禁止戴头巾的法律?立法是否考虑到这一决定对法国年轻穆斯林女性的影响,她们的自尊,她们的教育追求,以及她们的身份形成?
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引用次数: 20
The Islam and Human Rights Nexus: Shifting Dimensions 伊斯兰教与人权关系:变化的维度
Q3 Social Sciences Pub Date : 2007-09-18 DOI: 10.2202/1554-4419.1115
A. Mayer
The Islam and human rights nexus is too often viewed as being static. In reality, the relationship is complex and mutable. In an era of unsettling changes to the status quo, perceptions of the Islam and human rights nexus have also proven to be sensitive to shifting political dynamics. In these circumstances, the position that Islam and human rights are inherently in conflict, which assumes two settled entities in a stable relationship, is becoming hard to sustain – as is the position that human rights are ineluctably tied to Western civilization. Many Muslims are arguing that Islam and human rights are harmonious, and human rights contain principles that address some of Muslims' most pressing concerns. However, there are also factors – such as certain U.S. policies - that could work in the opposite direction, energizing Islamist hostility to human rights and confirming Muslims' suspicions that human rights are part of a nefarious Western plot. We must recognize that the Islam and human rights relationship is regularly readjusting in response to a changing environment, so that the issues addressed over the next decades will not likely be the same ones that Muslim societies and Islamic thinkers have been wrestling with to date.
伊斯兰教和人权之间的联系常常被视为是静态的。实际上,这种关系是复杂多变的。在现状发生令人不安的变化的时代,对伊斯兰教和人权关系的看法也被证明对不断变化的政治动态很敏感。在这种情况下,伊斯兰教和人权存在内在冲突的立场,即假设两个实体处于稳定关系中的立场,正变得难以维持——人权与西方文明不可避免地联系在一起的立场也是如此。许多穆斯林认为,伊斯兰教和人权是和谐的,人权所包含的原则解决了穆斯林最紧迫的一些问题。然而,也有一些因素——比如美国的某些政策——可能起到相反的作用,激发伊斯兰主义者对人权的敌意,并证实穆斯林怀疑人权是西方邪恶阴谋的一部分。我们必须认识到,随着环境的变化,伊斯兰教和人权的关系也在不断调整,因此,未来几十年要解决的问题可能不会是穆斯林社会和伊斯兰思想家迄今一直在努力解决的问题。
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引用次数: 10
Iranian Law and Women's Rights 伊朗法律与妇女权利
Q3 Social Sciences Pub Date : 2007-09-18 DOI: 10.2202/1554-4419.1113
M. Kār
Agitation for women's rights in Iran is entwined with broader movements for freedom and reform that critique the Islamic Republic's shari'a law as discriminatory. Despite the foundation of these reform efforts in the social realities of contemporary Iran, anyone who critiques laws governing the rights of women is prone to the charge of insulting the sanctity and foundation of Islam and subject to harsh penalties. Reform efforts will be hamstrung until there is a foundation for open discourse and debate in Iran. Thus, human rights such as the right to freedom of expression and related rights must be seen as the fundamental basis for successful political and legal reform in Iran – whether that reform is based in liberal Islam or secularism.
在伊朗,争取妇女权利的运动与更广泛的自由和改革运动交织在一起,这些运动批评伊斯兰共和国的伊斯兰教法是歧视性的。尽管这些改革努力的基础是当代伊朗的社会现实,但任何批评有关妇女权利的法律的人都容易被指控侮辱伊斯兰教的神圣性和基础,并受到严厉的惩罚。在伊朗建立公开讨论和辩论的基础之前,改革努力将受到阻碍。因此,言论自由权和相关权利等人权必须被视为伊朗成功进行政治和法律改革的根本基础——无论这种改革是基于自由伊斯兰教还是世俗主义。
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引用次数: 5
The Politics and Hermeneutics of Hijab in Iran: From Confinement to Choice 伊朗头巾的政治和解释学:从限制到选择
Q3 Social Sciences Pub Date : 2007-09-18 DOI: 10.2202/1554-4419.1114
Z. Mir-Hosseini
Hijab – covering of a Muslim woman's body – is the most visible Islamic mandate. For a century it has been a major site of ideological struggle between traditionalism and modernity, and a yardstick for measuring the emancipation or repression of Muslim women. In recent decades hijab has become an arena where Islamist and secular feminist rhetoric have clashed. For Islamists, hijab represents their distinct identity and their claim to religious authenticity: it as a divine mandate that protects women and defines their place in society. For secular feminists, hijab represents women's oppression: it is a patriarchal mandate that denies women the right to control their bodies and to choose what to wear. The clash has been particularly strident in Iran, where the state has twice intervened with legislation to an extent that no other Muslim country has experienced. Iran, too, has been a prime site for the emergence of `Islamic feminist' discourses that speak of hijab not as a `duty,' but as a `right,' and as a social rather than a religious mandate, and finds juristic arguments to support this position. This article traces the genealogy of this new juristic position from notions of hijab in classical Islamic jurisprudence (fiqh). It documents how jurisprudential positions and notions of hijab in Iran evolved in response to socio-political factors. It concludes by highlighting wider implications of the new juristic position on hijab for establishing common ground between secular feminist and Islamic discourses.
遮盖穆斯林妇女身体的头巾是最明显的伊斯兰教规。一个世纪以来,它一直是传统主义与现代主义之间意识形态斗争的主要场所,也是衡量穆斯林妇女解放或压制的标尺。近几十年来,头巾已经成为伊斯兰主义者和世俗女权主义者言论冲突的舞台。对于伊斯兰主义者来说,头巾代表着他们独特的身份和他们对宗教真实性的要求:它是一种神圣的命令,可以保护妇女并确定她们在社会中的地位。对于世俗女权主义者来说,头巾代表着对女性的压迫:它是一种父权命令,剥夺了女性控制自己身体和选择着装的权利。这种冲突在伊朗尤为尖锐,该国政府曾两次通过立法进行干预,其程度是其他穆斯林国家从未经历过的。伊朗也是“伊斯兰女权主义”话语出现的主要地点,这些话语认为头巾不是“责任”,而是“权利”,是一种社会而不是宗教授权,并找到了支持这一立场的法律论据。本文从古典伊斯兰法学(fiqh)中头巾的概念追溯了这一新的法律地位的谱系。它记录了伊朗头巾的法律立场和概念如何随着社会政治因素而演变。最后,它强调了在世俗女权主义和伊斯兰话语之间建立共同基础的新法律立场对头巾的更广泛影响。
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引用次数: 29
期刊
Muslim World Journal of Human Rights
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