Pub Date : 2020-12-01DOI: 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.
{"title":"Contemporary Issues in Marriage Law and Practice in Qatar","authors":"Rajnaara C. Akhtar","doi":"10.1163/15692086-12341389","DOIUrl":"https://doi.org/10.1163/15692086-12341389","url":null,"abstract":"\u0000This 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.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47479543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-19DOI: 10.1163/15692086-bja10013
Nicole Ohebshalom
Although cross-cultural influences on human behavior have been the subject of many scholarly works, few studies have focused on the life experiences of women from hyphenated cultural identities and how these experiences inform a woman’s view of herself as a sexual being, in particular, the influence of cross-cultural experiences on women with combined Western and Eastern culture references. This study analyzes four interviews with first-generation Israeli-Iranian women, who describe how their sexual self-concepts evolved as a result of living between both cultures, in the “space of the hyphen.” I used the Listening Guide methodology to inform the interviews and the data analysis, which reveal the influence of family power, patriarchal social practices, and the women’s desire to distinguish themselves from cultural norms. It introduces multilayered views and processes associated with each woman’s outlook of her evolving sexual self-concept.
{"title":"Eastern-Western Women’s Self-Concept","authors":"Nicole Ohebshalom","doi":"10.1163/15692086-bja10013","DOIUrl":"https://doi.org/10.1163/15692086-bja10013","url":null,"abstract":"Although cross-cultural influences on human behavior have been the subject of many scholarly works, few studies have focused on the life experiences of women from hyphenated cultural identities and how these experiences inform a woman’s view of herself as a sexual being, in particular, the influence of cross-cultural experiences on women with combined Western and Eastern culture references. This study analyzes four interviews with first-generation Israeli-Iranian women, who describe how their sexual self-concepts evolved as a result of living between both cultures, in the “space of the hyphen.” I used the Listening Guide methodology to inform the interviews and the data analysis, which reveal the influence of family power, patriarchal social practices, and the women’s desire to distinguish themselves from cultural norms. It introduces multilayered views and processes associated with each woman’s outlook of her evolving sexual self-concept.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":" ","pages":"1-23"},"PeriodicalIF":0.4,"publicationDate":"2020-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46423702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-04DOI: 10.1163/15692086-bja10011
Dorit Gottesfeld
This article examines ʿAtaba thaqīlat al-rūḥ (“Threshold of heavy spirit,” 2011), a novel by the new generation West Bank writer Māyā Abū l-Ḥayāt, who is considered one of the prominent new generation Palestinian West Bank writers, in which diverse and unique use of a dance motif is found. The article reviews the history of dance in Arab society and the meanings that it had in the past and currently has in Arab society and culture. It illustrates how Abū l-Ḥayāt uses each of these meanings throughout her novel in order to reveal the female soul and the status of women in Arab society. The article shows how Abū l-Ḥayāt incorporates this motif into her novel in a unique and original way, thus exposing woman’s yearning for freedom, creating a new feminine language and undermining accepted norms.
{"title":"“I’ll Dance for You, I’ll Dance for Me, I’ll Dance for the Sake of Dancingˮ","authors":"Dorit Gottesfeld","doi":"10.1163/15692086-bja10011","DOIUrl":"https://doi.org/10.1163/15692086-bja10011","url":null,"abstract":"\u0000This article examines ʿAtaba thaqīlat al-rūḥ (“Threshold of heavy spirit,” 2011), a novel by the new generation West Bank writer Māyā Abū l-Ḥayāt, who is considered one of the prominent new generation Palestinian West Bank writers, in which diverse and unique use of a dance motif is found. The article reviews the history of dance in Arab society and the meanings that it had in the past and currently has in Arab society and culture. It illustrates how Abū l-Ḥayāt uses each of these meanings throughout her novel in order to reveal the female soul and the status of women in Arab society. The article shows how Abū l-Ḥayāt incorporates this motif into her novel in a unique and original way, thus exposing woman’s yearning for freedom, creating a new feminine language and undermining accepted norms.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":" ","pages":"1-23"},"PeriodicalIF":0.4,"publicationDate":"2020-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42452439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-30DOI: 10.1163/15692086-bja10012
Lahoucine Aammari
On board the Macoris, the British woman traveller Eleanor Elsner peregrinated into French Morocco, landing in Casablanca in 1928. Elsner’s The Magic of Morocco is about the author’s search for the atavistic at a time when the European colonial power structure and the rise of tourism had transformed the exotic referent into the familiar sign of Western hegemony. Elsner could not help but experience a sense of displacement in time and space, an experience that produced either a sense of disorientation and loss, or an obsessive urge to discover the “authentic” Other. Elsner’s account is imbued with discursive ambivalences and ideological uncertainties. Her discourse is complicitous as she vociferously lauds the French colonial enterprise in the person of General Lyautey, the engineer of the “peaceful pacification.” The present paper focuses on Elsner and her account as a staunch advocate of the French colonial enterprise in Morocco and her quest for elsewhere. This paper explores Elsner’s discordant practices and discourses as a split subject/traveller in Protectorate Morocco.
{"title":"Eleanor Elsner’s Discordant Discourse and Split Subjectivity in The Magic of Morocco (1928)","authors":"Lahoucine Aammari","doi":"10.1163/15692086-bja10012","DOIUrl":"https://doi.org/10.1163/15692086-bja10012","url":null,"abstract":"\u0000On board the Macoris, the British woman traveller Eleanor Elsner peregrinated into French Morocco, landing in Casablanca in 1928. Elsner’s The Magic of Morocco is about the author’s search for the atavistic at a time when the European colonial power structure and the rise of tourism had transformed the exotic referent into the familiar sign of Western hegemony. Elsner could not help but experience a sense of displacement in time and space, an experience that produced either a sense of disorientation and loss, or an obsessive urge to discover the “authentic” Other. Elsner’s account is imbued with discursive ambivalences and ideological uncertainties. Her discourse is complicitous as she vociferously lauds the French colonial enterprise in the person of General Lyautey, the engineer of the “peaceful pacification.” The present paper focuses on Elsner and her account as a staunch advocate of the French colonial enterprise in Morocco and her quest for elsewhere. This paper explores Elsner’s discordant practices and discourses as a split subject/traveller in Protectorate Morocco.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":"1 1","pages":"1-27"},"PeriodicalIF":0.4,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49217907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.1163/15692086-12341378
Nijmi Edres
From the point of view of the institutional legal history of shariʿa courts in Israel, the article focuses on the elements of rupture and/or continuity introduced by the appointment of Hanāʾ Manṣūr-Khaṭīb as the first female judge in Israeli religious courts against the background of three main elements, the subordination of shariʿa courts to the Israeli legal system, the reaction of shariʿa courts to the challenges posed by secular and conservative Muslim actors inside the Palestinian minority, and the definition of gender roles in the Muslim judiciary in Israel. Despite some elements of rupture with the past, the article argues that the appointment is part and continuation of an active strategy of the pragmatic use of “the past” of Islamic legal tradition already pursued by shariʿa courts since 1995, and that the appointment of Manṣūr-Khaṭīb can be inscribed in a framework of “patriarchal liberalism,” following the definition of Moussa Abou Ramadan, proving that, still, gender is anything but irrelevant.
{"title":"Historical Rupture or Continuity?","authors":"Nijmi Edres","doi":"10.1163/15692086-12341378","DOIUrl":"https://doi.org/10.1163/15692086-12341378","url":null,"abstract":"\u0000From the point of view of the institutional legal history of shariʿa courts in Israel, the article focuses on the elements of rupture and/or continuity introduced by the appointment of Hanāʾ Manṣūr-Khaṭīb as the first female judge in Israeli religious courts against the background of three main elements, the subordination of shariʿa courts to the Israeli legal system, the reaction of shariʿa courts to the challenges posed by secular and conservative Muslim actors inside the Palestinian minority, and the definition of gender roles in the Muslim judiciary in Israel. Despite some elements of rupture with the past, the article argues that the appointment is part and continuation of an active strategy of the pragmatic use of “the past” of Islamic legal tradition already pursued by shariʿa courts since 1995, and that the appointment of Manṣūr-Khaṭīb can be inscribed in a framework of “patriarchal liberalism,” following the definition of Moussa Abou Ramadan, proving that, still, gender is anything but irrelevant.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":"18 1","pages":"226-264"},"PeriodicalIF":0.4,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45577932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.1163/15692086-12341380
Euis Nurlaelawati
Similar to other Muslim-majority countries, Indonesia has undertaken legislative changes in the domain of family law, including on polygamy. In practice, however, these legal reforms continue to be challenged by a number of judges, specifically those regarding polygamy. This paper looks at the extent to which judges meet husbands’ proposals for polygamy. It investigates judges’ legal interpretation of the legal grounds specified for polygamous marriage and how judges have deployed the notions of maslahah (public good) and mafsadah (harm), with a view to fortifying their legal decisions. It will be argued that the judges’ approach remains shaped by classical Islamic legal doctrine and that they subscribe to free and supplementary legal interpretation, or ijtihad, as well as contemporary notions of maslahah, resulting in conservative legal decisions that uphold gender asymmetries. It is also found that, even though many women may choose to share husbands rather than to be divorced, judges seem to ignore the fact that the practice of polygamy is detrimental to the dissolution of the marriage through wife-petitioned divorce.
{"title":"Expansive Legal Interpretation and Muslim Judges’ Approach to Polygamy in Indonesia","authors":"Euis Nurlaelawati","doi":"10.1163/15692086-12341380","DOIUrl":"https://doi.org/10.1163/15692086-12341380","url":null,"abstract":"\u0000Similar to other Muslim-majority countries, Indonesia has undertaken legislative changes in the domain of family law, including on polygamy. In practice, however, these legal reforms continue to be challenged by a number of judges, specifically those regarding polygamy. This paper looks at the extent to which judges meet husbands’ proposals for polygamy. It investigates judges’ legal interpretation of the legal grounds specified for polygamous marriage and how judges have deployed the notions of maslahah (public good) and mafsadah (harm), with a view to fortifying their legal decisions. It will be argued that the judges’ approach remains shaped by classical Islamic legal doctrine and that they subscribe to free and supplementary legal interpretation, or ijtihad, as well as contemporary notions of maslahah, resulting in conservative legal decisions that uphold gender asymmetries. It is also found that, even though many women may choose to share husbands rather than to be divorced, judges seem to ignore the fact that the practice of polygamy is detrimental to the dissolution of the marriage through wife-petitioned divorce.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":"18 1","pages":"295-324"},"PeriodicalIF":0.4,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45502903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.1163/15692086-12341376
N. Sonneveld
Rather than being an exception, judicial permission for minor marriage has become a rule in Morocco. Based on legal analysis and anthropological fieldwork in 2015, I show that the gender of the judge does not significantly contribute to the way the provision on minor marriage is implemented in Moroccan courthouses. Instead, I argue in favour of an approach that is grounded in a relational understanding of law. Both male and female judges were manoeuvring the internal incompatibilities contained within and between state laws, which are the result of external recognition—in other words, the recognition of other normative orders, notably customary law practices. This relational understanding of law, and the ambiguities it naturally results in, amounts to a better understanding of law in action than the distinction between an “ethic of justice” and an “ethic of care,” which highlights gender-specific ways of legal decision-making, which are not supported by the Moroccan case.
{"title":"Male and Female Judges in Morocco Dealing with Minor Marriages","authors":"N. Sonneveld","doi":"10.1163/15692086-12341376","DOIUrl":"https://doi.org/10.1163/15692086-12341376","url":null,"abstract":"\u0000Rather than being an exception, judicial permission for minor marriage has become a rule in Morocco. Based on legal analysis and anthropological fieldwork in 2015, I show that the gender of the judge does not significantly contribute to the way the provision on minor marriage is implemented in Moroccan courthouses. Instead, I argue in favour of an approach that is grounded in a relational understanding of law. Both male and female judges were manoeuvring the internal incompatibilities contained within and between state laws, which are the result of external recognition—in other words, the recognition of other normative orders, notably customary law practices. This relational understanding of law, and the ambiguities it naturally results in, amounts to a better understanding of law in action than the distinction between an “ethic of justice” and an “ethic of care,” which highlights gender-specific ways of legal decision-making, which are not supported by the Moroccan case.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49135372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.1163/15692086-12341381
N. Razif
Malaysia’s Malay-Muslim majority adheres to heteronormative forms of sexuality that recognise marriage as the only means of securing access to lawful sexual intimacy. Islam, Malay customs (adat), and the Malaysian state impose strict sanctions on pre- and extramarital intimacy in its Syariah criminal laws. A Vice Prevention Unit responsible for moral policing is legally authorised to arrest couples who violate Islamic rules of behaviour, including sexual offences such as khalwat (illicit proximity)—a crime of passion punishable by a fine and/or imprisonment. This article compares two khalwat trials in Kota Bharu and Kuala Lumpur’s Syariah court to illustrate what Peletz (2002) calls the judges’ “cultural logic of judicial reasoning”. In these trials, Syariah judges extend beyond a narrowed focus on gender to also consider cultural understandings of age, profession, family circumstances, and marital status, thus reproducing Malay adat understandings of intimacy, marriage, and personhood. In an effort to steer young couples away from forbidden sexual temptations, the Malaysian state liberalises access to marriage by recognising cross-border marriages contracted in Southern Thailand, offering financial incentives to young couples intending to marry and defending existing legal provisions allowing the marriage of minors. The Malaysian state’s mix of punitive, preventative, and pro-marriage policies, I suggest, are various ways of surveilling sexuality by bringing uncontrolled desires under the purview of matrimony, where it may find its lawful expression.
{"title":"Intimacy Under Surveillance: Illicit Sexuality, Moral Policing, and the State in Contemporary Malaysia","authors":"N. Razif","doi":"10.1163/15692086-12341381","DOIUrl":"https://doi.org/10.1163/15692086-12341381","url":null,"abstract":"\u0000Malaysia’s Malay-Muslim majority adheres to heteronormative forms of sexuality that recognise marriage as the only means of securing access to lawful sexual intimacy. Islam, Malay customs (adat), and the Malaysian state impose strict sanctions on pre- and extramarital intimacy in its Syariah criminal laws. A Vice Prevention Unit responsible for moral policing is legally authorised to arrest couples who violate Islamic rules of behaviour, including sexual offences such as khalwat (illicit proximity)—a crime of passion punishable by a fine and/or imprisonment. This article compares two khalwat trials in Kota Bharu and Kuala Lumpur’s Syariah court to illustrate what Peletz (2002) calls the judges’ “cultural logic of judicial reasoning”. In these trials, Syariah judges extend beyond a narrowed focus on gender to also consider cultural understandings of age, profession, family circumstances, and marital status, thus reproducing Malay adat understandings of intimacy, marriage, and personhood. In an effort to steer young couples away from forbidden sexual temptations, the Malaysian state liberalises access to marriage by recognising cross-border marriages contracted in Southern Thailand, offering financial incentives to young couples intending to marry and defending existing legal provisions allowing the marriage of minors. The Malaysian state’s mix of punitive, preventative, and pro-marriage policies, I suggest, are various ways of surveilling sexuality by bringing uncontrolled desires under the purview of matrimony, where it may find its lawful expression.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46373501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.1163/15692086-12341379
M. Lindbekk
This article aims to contribute to the growing scholarly literature on the implementation of shariʿa-based family law codes by describing and analyzing the gender implications of religiously inspired judicial activism in relation to judicial divorce through khulʿ. The article highlights two functions played by family court judges and other legal professionals. First, I argue that Egyptian family court judges and other court personnel, such as court experts and court-appointed arbiters from al-Azhar, enjoy considerable discretion in interpreting and implementing the personal status codes. Second, the article argues that legal professionals sometimes use the court and other legal spaces as a platform to articulate alternative visions of family and marriage, as well as to voice anxieties over a perceived increase in female-initiated divorce. The article situates these contradictory practices against the background of the contestation of early twenty-first-century reforms, which challenged male authority in the family, in particular the 2000 law of judicial khulʿ.
{"title":"Implementing the Law of khulʿ in Egypt","authors":"M. Lindbekk","doi":"10.1163/15692086-12341379","DOIUrl":"https://doi.org/10.1163/15692086-12341379","url":null,"abstract":"\u0000This article aims to contribute to the growing scholarly literature on the implementation of shariʿa-based family law codes by describing and analyzing the gender implications of religiously inspired judicial activism in relation to judicial divorce through khulʿ. The article highlights two functions played by family court judges and other legal professionals. First, I argue that Egyptian family court judges and other court personnel, such as court experts and court-appointed arbiters from al-Azhar, enjoy considerable discretion in interpreting and implementing the personal status codes. Second, the article argues that legal professionals sometimes use the court and other legal spaces as a platform to articulate alternative visions of family and marriage, as well as to voice anxieties over a perceived increase in female-initiated divorce. The article situates these contradictory practices against the background of the contestation of early twenty-first-century reforms, which challenged male authority in the family, in particular the 2000 law of judicial khulʿ.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":"18 1","pages":"265-294"},"PeriodicalIF":0.4,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15692086-12341379","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41570889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-28DOI: 10.1163/15692086-12341375
N. Shehada
The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.
{"title":"Muslim Judges at the Road of Intersection","authors":"N. Shehada","doi":"10.1163/15692086-12341375","DOIUrl":"https://doi.org/10.1163/15692086-12341375","url":null,"abstract":"\u0000The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":"18 1","pages":"143-161"},"PeriodicalIF":0.4,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49083182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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