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From Invisible to Actualized: Imagery and Identity in Photos of Women in the Gulf 从隐形到现实:海湾地区妇女照片中的意象和身份
IF 0.4 Q2 Social Sciences Pub Date : 2021-02-22 DOI: 10.1163/15692086-BJA10017
M. Kelly, S. Al-Ajmi
After reviewing how Middle Eastern women have been photographed historically, the paper explores how contemporary Gulf women represent themselves, both behind and in front of the camera. Initially, women were invisible, then eroticized or exoticized in Orientalist photography, only to appear in early twentieth-century family portraits as both the repository of cultural values and as the new, modern woman. The reaction of contemporary Gulf female photographers to perceptions of themselves as jobless, nameless, faceless, and voiceless is presented in examples of art photography-cum-political commentary. The media coverage of Qatar’s Shaykha Mūza is analyzed in terms of her use of clothing as nonverbal communication and as a form of soft-power politics. It is followed by a discussion of the rules – formal and informal – for publishing photos of females. The paper concludes with a survey of Gulf females’ use of selfies. Thus, three aspects of photography – as art, as photojournalism, and as private communication – demonstrate how Gulf women visually represent their identities.
在回顾了中东女性在历史上是如何被拍摄的之后,本文探讨了当代海湾女性是如何在镜头前和镜头后表现自己的。最初,女性是看不见的,然后在东方主义摄影中被色情化或异国情调化,只有在20世纪早期的家庭肖像中才出现,既是文化价值的储藏库,也是新的现代女性。当代海湾女摄影师对自己失业、无名、无面、无声的看法的反应,在艺术摄影和政治评论的例子中得到了体现。媒体对卡塔尔的Shaykha Mūza的报道,分析了她使用服装作为非语言交流和软实力政治的一种形式。接下来是关于发布女性照片的正式和非正式规则的讨论。论文最后对海湾地区女性使用自拍的情况进行了调查。因此,摄影的三个方面——作为艺术、作为新闻摄影和作为私人交流——展示了海湾妇女如何在视觉上表现她们的身份。
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引用次数: 0
Introduction 介绍
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341383
Rajnaara C. Akhtar, M. Al-Sharmani, A. Moors
Muslim marriages are far from homogeneous, and the inherent variability of norms and practices is often missing in the framing of such marriages in Western societies. Marriage and family laws in Muslim-majority contexts are sights of contention, debate, and development. These debates often centre around family as a site of state governance driven by overlapping national and international agendas; gender equality and calls for marriage law reform; and tensions between Islamic jurisprudence, state laws, and lived realities. This introductory article sets the scene for this special issue focussing on the plurality of norms and practices in Muslim marriages within Muslim-majority jurisdictions.
穆斯林婚姻远不是同质的,在西方社会中,这种婚姻的框架往往缺少规范和习俗的固有可变性。穆斯林占多数的婚姻和家庭法是争论、辩论和发展的焦点。这些辩论往往围绕着家庭作为国家治理的场所展开,这是由重叠的国家和国际议程驱动的;两性平等,呼吁婚姻法改革;以及伊斯兰法学、国家法律和现实生活之间的紧张关系。这篇介绍性文章为本期特刊奠定了基础,重点关注穆斯林占多数的司法管辖区内穆斯林婚姻的多元规范和实践。
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引用次数: 0
Fātiḥa Marriage in Morocco Fātiḥa摩洛哥的婚姻
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341384
Miyase Yavuz-Altıntaş
This paper investigates the debates over, and the promulgation of, the new Moroccan laws on unregistered customary marriages and on establishing the paternity of offspring resulting from such marriages, and it analyzes how those laws have been implemented by the judiciary. The paper closely examines the relevant deliberations of the Moroccan Royal Advisory Commission, and analyzes 24 court cases involving the laws. I argue that, while monogamous registered marriage is depicted in the national legal system as the basis for establishing a modern Moroccan society, legislators regard fātiḥa marriage as a social reality that has its roots in customs and religious practices. The paper shows that judges abide by the conditions specified in law but differ in their interpretation of “force majeure” when it comes to a couple’s having not registered their marriage. The study also reveals how the laws create legal loopholes in terms of underage marriage and polygyny, which are strictly restricted in the code.
本文调查了关于摩洛哥关于未登记习惯婚姻和确定此类婚姻产生的子女的父亲身份的新法律的辩论和颁布情况,并分析了司法部门如何实施这些法律。该文件仔细审查了摩洛哥皇家咨询委员会的相关审议情况,并分析了24起涉及法律的法庭案件。我认为,虽然一夫一妻制的登记婚姻在国家法律体系中被描述为建立现代摩洛哥社会的基础,但立法者认为ḥ婚姻作为一种社会现实,其根源在于习俗和宗教实践。该文件表明,法官遵守法律规定的条件,但在涉及夫妇未登记结婚时,他们对“不可抗力”的解释不同。这项研究还揭示了法律如何在未成年婚姻和一夫多妻制方面制造法律漏洞,而这些法律在法典中受到严格限制。
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引用次数: 0
Foreign to Palestinian Society? ʿUrfī Marriage, Moral Dangers, and the Colonial Present 对巴勒斯坦社会来说陌生吗?《婚姻、道德危险与殖民时代
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341390
Penny Johnson, A. Moors
In 2005, religious authorities in Palestine warned publicly of a new phenomenon, one that was ‘foreign to Palestinian society’: ʿurfī marriages. They used this term to refer to ‘secret marriages,’ which they considered as linked to social breakdown, the result of the Israeli occupation. In the tales (similar to rumors) of young men and women throughout the West Bank and Gaza in the early 2010s, these marriages were often related to the colonial geographies of anxiety, of social and political fragmentation, and of the spatial segregation that Israel has imposed on Palestinians. Related concerns were expressed by the men of religion as they attempted to maintain their authority in highly uncertain times and in contested spaces. Still, in the very small number of concrete cases shariʿa judges continued to use the flexibility of Islamic jurisprudence to legally recognize ʿurfī marriages to work towards the most equitable solution in problematic situations.
2005年,巴勒斯坦的宗教当局公开警告一种新现象,一种“与巴勒斯坦社会格格不入”的现象:婚姻。他们用这个词来指代“秘密婚姻”,他们认为这与以色列占领造成的社会崩溃有关。2010年代初,在约旦河西岸和加沙各地的年轻男女的故事(类似于谣言)中,这些婚姻往往与焦虑的殖民地理、社会和政治分裂以及以色列对巴勒斯坦人施加的空间隔离有关。当宗教界人士试图在高度不确定的时代和有争议的领域维持他们的权威时,他们表达了相关的关切。不过,在极少数具体案件中,伊斯兰教法法官继续利用伊斯兰法学的灵活性,在法律上承认伊斯兰教法婚姻,以便在有问题的情况下争取最公平的解决办法。
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引用次数: 1
Evidently Married: Changing Ambiguities in Creating Family Ties in Morocco 明显结婚:改变在摩洛哥建立家庭关系的模糊性
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341385
Annerienke Fioole
What does it take for a couple to stand out as married to others? In Morocco, an ideal scenario to marry today involves families celebrating three stages: an engagement, a legal contract, and a wedding. Yet, as I will show, couples may also turn out to be married without such ceremonies. Other elements can make for evident marriages. Still, legal recognition has, over the past decades, become increasingly essential within people’s own creations of conjugal bonds. Moreover, family and penal code revisions, together with the civil registry’s expansion, have profoundly changed proceedings and possibilities to legally marry. These processes defy simple binaries of legal versus licit domains. Legal and licit understandings of marriage interlace both in people’s own evaluations and in state officials’ approaches. However, as I will argue, increased emphasis on legal registration also heightens state control over family ties and reduces people’s opportunities to leave marital definitions open-ended as this suits them over time.
怎样才能让一对夫妻脱颖而出?在摩洛哥,今天结婚的理想场景包括家庭庆祝三个阶段:订婚、签订法律合同和婚礼。然而,正如我将要说明的,情侣们也可能在没有这种仪式的情况下结婚。其他因素也能促成明显的婚姻。尽管如此,在过去的几十年里,法律承认在人们自己创造的婚姻关系中变得越来越重要。此外,家庭和刑法的修订,加上民事登记的扩大,深刻地改变了合法结婚的程序和可能性。这些过程无视合法领域与合法领域的简单二元对立。对婚姻的合法和合法的理解交织在人们自己的评价和国家官员的方法中。然而,正如我将要论证的那样,对法律登记的日益重视也加强了国家对家庭关系的控制,并减少了人们对婚姻定义的开放性的机会,因为随着时间的推移,这适合他们。
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引用次数: 1
Battling Marriage Laws: Early Marriage and Online Youth Piety in Indonesia 与婚姻法抗争:印尼的早婚与网络青年虔诚
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341387
Eva F. Nisa
Indonesia has long faced issues relating to child marriages. This article will focus on the approaches taken by diverse parties to the issue of early marriage, including the government, civil society organisations, and young Indonesians themselves. Indonesia has witnessed the growth of online campaigns spearheaded by conservative Muslim youth promoting early marriage to prevent zina (adultery and fornication). Previously, the practice of early and child marriage was closely interconnected to rural areas, poverty, patriarchal norms, family honour, and low-level access to education. Today, early marriage does not exclusively relate to low socio-economic populations in rural areas; instead, emerging trends demonstrate that middle-class youth in urban areas professing to return to the true path of their religion are also turning to early marriage. These tech-savvy generations are aligning honour with piety in order to justify the decision to marry young, impacting on the ongoing battle against early marriage in the country.
印度尼西亚长期以来一直面临童婚问题。这篇文章将聚焦于不同党派对早婚问题所采取的方法,包括政府、民间社会组织和印尼年轻人自己。印尼见证了由保守的穆斯林青年发起的网络运动的发展,他们提倡早婚以防止通奸和通奸。此前,早婚和童婚的做法与农村地区、贫困、父权制规范、家庭荣誉和低水平的教育机会密切相关。今天,早婚不仅与农村地区社会经济人口低有关;相反,新出现的趋势表明,城市地区的中产阶级青年声称要回归他们宗教的真实道路,也在转向早婚。这些精通技术的一代人正在将荣誉与虔诚结合起来,以证明年轻结婚的决定是合理的,这对该国正在进行的反对早婚的斗争产生了影响。
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引用次数: 7
Temporary Marriages, Mahramiyat, and the Rights of the Child in Shiʿi Adoption 临时婚姻、马赫米亚和什叶派收养中儿童的权利
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341388
Ladan Rahbari
Iran accepts temporary marriage to facilitate and sanctify sexual relationships. The concession of temporary marriage has, however, been the subject of controversy in the past four decades. One significant refutation of temporary marriage is related to its attempted usage in the case of child-adoption, sanctioned by both the state and some Shiʿi mujtahids. The explicated rationale is that an adopted child does not benefit from mahramiyat and is, therefore, non-mahram to members of the adoptive family after reaching puberty. To establish mahramiyat, Shiʿi jurisprudence allows for temporary marriage between the adoptee and a member of the adoptive family. By performing a temporary marriage, new familial ties are established, and mahramiyat limitations are lifted. This proposed solution, however, can lead to other significant legal and social complications. This paper investigates Shiʿi jurisprudence allowing temporary marriage in child-adoption scenarios in contemporary Twelver Shiʿa by exploring relevant fiqh/ijtihad and legal perspectives in Iran.
伊朗接受临时婚姻以促进性关系并使其神圣化。然而,在过去四十年中,临时婚姻的让步一直是争议的主题。对临时婚姻的一个重要反驳是,它试图在收养儿童的情况下使用,这得到了国家和一些什叶派穆斯林的批准。解释的理由是,被收养的孩子没有从mahramiyat中受益,因此,在进入青春期后,对收养家庭的成员来说是非mahram的。为了确立mahramiyat,Shiʿi判例允许被收养人和收养家庭成员之间的临时婚姻。通过举行临时婚姻,建立了新的家庭关系,并解除了马哈拉米亚特的限制。然而,这一拟议的解决方案可能会导致其他重大的法律和社会问题。本文通过探索伊朗相关的fiqh/ijtihad和法律视角,调查了当代二十世纪什叶派在儿童收养场景中允许临时婚姻的判例。
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引用次数: 1
Regulating, Recognizing, and Religionizing Nike in Kyrgyzstan 吉尔吉斯斯坦对耐克的规范、认可和宗教化
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341386
J. McBRIEN
In October 2016, the Kyrgyzstani parliament passed a new law regulating marriage amidst a growing debate on gender, sexuality, and the integrity of the Kyrgyzstani nation. The amendment, which aimed to tackle the already illegal practices of underage and forced marriage, criminalized involvement in these acts by targeting the practice that in Kyrgyzstan is colloquially called nike, or what might be referred to as a religious or non-state registered marriage. The amendment regulated and recognized nike for the first time. By adopting novel language and using terminology whose meaning differed significantly from common usage, the amendment also subtly religionized nike. The vociferous public debate surrounding the passage of the bill similarly marked nike as something done by the particularly pious explicitly outside of the state’s purview, producing a spurious and politicized reading of the quotidian practice in Kyrgyzstan.
2016年10月,在关于性别、性和吉尔吉斯斯坦民族完整性的日益激烈的辩论中,吉尔吉斯斯坦议会通过了一项新的婚姻法。该修正案旨在解决已经非法的未成年和强迫婚姻行为,将参与这些行为定为犯罪,其目标是吉尔吉斯斯坦俗称的nike,或可能被称为宗教或非国家登记婚姻的行为。该修正案首次对耐克进行了规范和认可。修正案采用了新颖的语言,使用了含义与常用用法明显不同的术语,也巧妙地将耐克宗教化了。围绕该法案通过的激烈公众辩论同样标志着耐克是由特别虔诚的人在国家权限之外所做的事情,对吉尔吉斯斯坦的日常做法产生了虚假和政治化的解读。
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引用次数: 2
Undoing Patrilineality: New Maternal Families and the Politics of Naming in Turkey 取消父系关系:土耳其新的母系家庭和命名政治
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-16 DOI: 10.1163/15692086-12341391
R. Ünal
Based on the topical life stories of fifteen single mothers from Turkey, this article traces the act of naming as a practice of social and legal boundary making and as a means of undoing patrilineality and to seek acknowledgement for a new maternal family. Analyzing the politics of naming in the stories of these single mothers, this contribution first discusses the stigmatizing aspects of conventional patrilineal and marital family naming in Turkey. It traces changes in the registration of family names, how single mothers decide on the registration of the father’s first name, and their concerns and strategies during these legal, bureaucratic procedures. Whereas family law reform has given more rights to single biological and adoptive mothers, they still remain affected by the emotional aspects of a stigmatized practice. Strategically planning their future and that of their children, one solution is to use naming to merge their maternal families with their own paternal families.
本文以土耳其15位单身母亲的生活故事为基础,追溯了起名作为一种社会和法律边界划定的做法,以及作为一种消除父系关系和寻求新母系家庭认可的手段。分析了这些单身母亲故事中的命名政治,这篇文章首先讨论了土耳其传统父系和婚姻家庭命名的污名化方面。它追溯了姓氏登记的变化,单亲母亲如何决定父亲的名字登记,以及她们在这些法律和官僚程序中的关注点和策略。虽然家庭法改革给了单身亲生母亲和养母更多的权利,但她们仍然受到这种污名化做法的情感方面的影响。战略性地规划他们和孩子的未来,一个解决办法是用命名把他们的母系家庭和他们自己的父系家庭合并起来。
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引用次数: 0
Contemporary Issues in Marriage Law and Practice in Qatar 卡塔尔婚姻法与实践中的当代问题
IF 0.4 Q2 Social Sciences Pub Date : 2020-12-01 DOI: 10.1163/15692086-12341389
Rajnaara C. Akhtar
This paper discusses changing marriage practices in modern-day Qatar, drawing on empirical data gathered in a sociolegal study involving interviews with individual citizens and residents about their marriage and family experiences, and with legal personnel and experts in family law. It presents a unique insight into evolving relationship behaviours occurring within and on the periphery of Qatar’s family-law framework in the context of its population make-up, historic traditions, trends in education, and globalisation. Changing practices examined include ‘late’ first marriages and ‘marrying out.’ The empirical research findings are used to analyse the link between the administrative process of obtaining permission to marry out and non-state-registered marriages, the gender imbalance in the treatment of those marrying out, and the link between child custody rights and unofficial marriages. The emerging narrative depicts couples navigating marriage laws and utilising non-state-registered ‘religious-only’ marriages as a temporary measure to overcome legal and administrative hindrances.
本文利用一项社会学研究中收集的经验数据,讨论了现代卡塔尔不断变化的婚姻做法,该研究涉及对公民和居民个人的婚姻和家庭经历的采访,以及对法律人员和家庭法专家的采访。它从人口构成、历史传统、教育趋势和全球化的角度,对卡塔尔家庭法框架内外不断演变的关系行为提供了独特的见解。调查中的变化做法包括“晚婚”和“嫁出去”实证研究结果被用来分析获得结婚许可的行政程序与非国家登记婚姻之间的联系、对待结婚者的性别失衡以及儿童监护权与非官方婚姻之间的关系。新出现的叙事描述了夫妇遵守婚姻法,并利用非国家登记的“仅限宗教”婚姻作为克服法律和行政障碍的临时措施。
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引用次数: 3
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Hawwa
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