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The Ideal Beloved in the Poems of Kurdish Poets of Īlam HAWWA (IF 0.3) Pub Date : 2024-09-18 Ayoob Omidi, Kulthum Miriasl
One of the most important themes in lyrical literature is love with the beloved at the core of this topic. The physical beauty of the beloved has a great effect on the lover, leading to describing the beloved’s body as a common tradition in Romantic poetry. The aim of this study is to investigate and analyze the characteristics of the beloved with a descriptive-analytical method, focusing on contemporary
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The Consensual Divorce (ṭalāq) in Palestine HAWWA (IF 0.3) Pub Date : 2024-03-23 Turid Smith Polfus
Most divorces in Palestine come about through a private unregulated agreement between the spouses referred to as “ṭalāq bit-taradi” (consensual ṭalāq), often called mukhalaʿa or mubāraʾa. Over the last century, women’s economic rights in the unilateral ṭalāq have increased. At the same time, the number of consensual ṭalāq has risen. While the consensual ṭalāq provides a way out of an unwanted marriage
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Consumption as a Demarcation of Social and Economic Status: The Case of Beyhan Sultan HAWWA (IF 0.3) Pub Date : 2024-03-05 Michael Nizri
Beyhan Sultan (1765–1824) was an Ottoman princess, the daughter of Sultan Mustafa III (r. 1757–1774) and his consort Adilşah Kadın. She was part of a group of high-born Ottoman women who led entirely separate lives with their own households during the last quarter of the eighteenth and the first quarter of the nineteenth century. However, very few studies have examined the lives and experiences of
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Colonialism and Islamic Reform: Bodies, Minds and Freedom HAWWA (IF 0.3) Pub Date : 2024-02-22 Elizabeth H. Shlala
This essay engages a broad geographic, demographic, and chronological scope on the topic of colonialism and Islamic reform to avoid the reinforcement of colonial era inventions and gender(ed) myths across education, the law, enslavement, hierarchies of gender, and Islamic reform. This essay argues that understanding women and gender in various colonial contexts is an important avenue for recovering
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Vulnerability of Female Headed Households: Challenges to Accessing Aid in Crisis Settings HAWWA (IF 0.3) Pub Date : 2024-02-12 Heba Al Fara
Research has shown that the vulnerability of female headed households is hugely exacerbated during crises such as wars and conflict. However, little research has uncovered the unique challenges that single women face in accessing humanitarian aid, for themselves and for their dependents, before, during and immediately following a crisis. This article critically examines the challenges that female headed
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Women and Law in Seventeenth-Century Mughal India HAWWA (IF 0.3) Pub Date : 2024-02-12 Basharat Hassan
This article examines a collection of notary documents referred to as the ‘Cambay Documents’. The ‘Cambay Documents’ is a collection of around fifty documents, registered between the second half of the seventeenth to the first half of the eighteenth century. These documents were acquired by the National Archives of India from a private collection and are now in the Oriental Section of the National
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Making of the Hindu Nation, Masculinity and the Citizen – Critical Reading of Children’s Magazines in South Asia and the Place of Muslims HAWWA (IF 0.3) Pub Date : 2024-02-06 M. Noorunnida
This study critically analyses popular and children’s science magazines published in Kerala, a southern state of India. It examines how these magazines construct an ideal Hindu nation and citizen through different narratives. Here, I argue that the imagery of popular children’s magazines in Kerala is rooted in the Hindu ideal – wherein dominant masculine characters and a glorified Hindu cultural past
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Zeyneb Hanım’s Vakıf: Property Substitution (istibdāl) in Ottoman Istanbul seen through an Eighteenth Century Imperial Edict from the Dominican Archives HAWWA (IF 0.3) Pub Date : 2024-02-06 Vanessa R. de Obaldía
In Ottoman Istanbul, a Muslim woman called Zeyneb Hanım who owned endowed and freehold properties undertook to transfer them in a process known as substitution (istibdāl). This study reveals details about the actor, her motivations, and her properties with their locations, dimensions, boundaries, and income, in addition to the legal processes and conditions of the property substitution through a single
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“He Who Stands on the Ṭutunjayn” and the Return of Ḥusayn: The Bāb and Jināb-i Bahāʾ in the Prose Writings of Tahirih HAWWA (IF 0.3) Pub Date : 2024-02-05 Omid Ghaemmaghami
While many of Tahirih’s poems have been studied and translated by scholars, her surviving prose works in Arabic and Persian – whose size far outweighs the number of her extant poems – have not received much attention. This article is a further attempt to partially fill this noticeable lacuna by exploring Tahirih’s prodigious prose oeuvre. Special attention will be given to a neologism Tahirih invokes
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Layers of Veils Obscuring the Image of Tahirih Qurrat al-ʿAyn HAWWA (IF 0.3) Pub Date : 2024-02-05 Mina Yazdani
This paper deconstructs the ways the image of Fāṭima Zarrīn-Tāj Baraghānī, known as Tahirih Qurrat al-ʿAyn (d. 1852), has been distorted in academic works and in anti-Bahā’ī polemics. The misrepresentations of Tahirih in these works range from disconnecting her from the source of her inspiration, to accusations of immorality, to denying her knowledge, to denying her poetry, to depicting her as a militant
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Literary Imitation in Three Poems Attributed to Tahirih Qurrat al-ʿAyn HAWWA (IF 0.3) Pub Date : 2024-02-05 Sahba Shayani
Throughout both modern and contemporary periods of Iranian poetry, the figure of Tahirih Qurrat al-ʿAyn as a poet has been largely ignored, while some focus has been placed upon her historical roles. Although a large part of this active disregard for her poetry has undoubtedly stemmed from politico-religious intolerance, it has also partially resulted from a lack of detailed information and primary
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A Persian Herald: The Reception of Tahirih by the Suffrage Movement of Britain, 1910–1913 HAWWA (IF 0.3) Pub Date : 2024-02-05 Amín Egea
In the years preceding the First World War, the suffragist media paid important attention to the figure of the Persian poetess, Tahirih. This interest in her biography coincided with ‘Abdu’l-Bahā’s two visits to England when the leader of the Bahā’ī religion met with prominent members of the country’s major suffrage organizations. This article describes references to Tahirih by various suffragist leaders
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Tahirih Qurrat al-ʿAyn and the Women’s Avant-garde in Europe HAWWA (IF 0.3) Pub Date : 2024-02-05 Sasha Dehghani
Tahirih Qurrat al-ʿAyn has come to be seen as the first Iranian woman to openly advocate for the rights of women and the first feminist of her country. But it was among the women’s avant-garde in Europe that she first gained the stature of a feminist heroine. Discussing five cases in five nations, this article will show how Tahirih became, across cultural borders, a source of inspiration to Europe’s
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Tahirih and the Religious World of Nineteenth-century Qazvin HAWWA (IF 0.3) Pub Date : 2024-01-18 Moojan Momen
Nineteenth Century Qazvin was a maelstrom of religious controversy and conflict. Uṣūlīs, Akhbārīs, Shaykhīs, Bābīs, and Bahā’īs all interacted in conflict with each other and sometimes even in violence. This paper will first try to create a religious map of Qazvin in the early 19th Century. The central figure for much of the religious conflict in the city was Qurrat al-ʿAyn Tahirih, the daughter of
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Not Feminism, Human Solidarity: Qurrat al-ʿAyn Tahirih in Early Historical Drama HAWWA (IF 0.3) Pub Date : 2023-12-19 Negar Mottahedeh
Qurrat al-ʿAyn Tahirih has long been associated with feminism and early agitation for women’s rights in Iran and elsewhere. These articulations fly in the face of her repeated construction in the historical work of her contemporaries as the condition of the new. Qurrat al-ʿAyn Tahirih was a dramatic and messianic player. And it was out of the messianism on which she acted that “the new” came into being
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Entretiens avec Fawzia Zouari et Hélé Béji HAWWA (IF 0.3) Pub Date : 2023-09-05 Sonia Alba
Résumé Cet article présente des entretiens réalisés en 2014 avec les auteurs franco-tunisiens Fawzia Zouari et Hélé Béji dans le cadre d’un projet de recherche de doctorat. Les discussions permettent d’explorer les raisons qui ont porté les auteures à écrire dans différents genres littéraires, tels que le journalisme, les essais et les romans, ainsi que leur choix d’écrire en français. Les entretiens
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Entretien avec Sophie Bessis HAWWA (IF 0.3) Pub Date : 2023-06-01 Sonia Alba
Résumé Sophie Bessis est une écrivaine et historienne tuniso-française spécialiste du Maghreb. Dans cet entretien, l’auteure répond à des questions portant sur son écriture et sur des questions sociales, politiques et économiques spécifiques à la société tunisienne pré et post révolutionnaire. La question des droits et du militantisme des femmes en Tunisie y est également abordée. Cet entretien a été
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Ambivalent Sexism in the State of Qatar: Gender Roles and Patriarchal Attitudes HAWWA (IF 0.3) Pub Date : 2023-05-12 Noora Lari
This article examines public attitudes toward ambivalent sexism in the State of Qatar, which has taken considerable initiatives to prioritize women’s empowerment strategies and promote equality between men and women. It investigates whether these equality initiatives are reflected in nationals’ attitudes toward women by measuring scores on the Ambivalent Sexism Inventory (ASI). While prior research
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The Concept of a Religiously Ideal Muslim Woman in Two Treatises on the Customs of Bosnian Muslims HAWWA (IF 0.3) Pub Date : 2023-05-12 Adis Duderija
The main aim of this article is to examine the construction of a religiously ideal Muslim woman as presented in two sources documenting Bosnian Muslim (Bosniak) customs. The concept of a religiously ideal Muslim woman adopted in this article is based on recent theoretical studies in mainstream Sunnism, which can be arranged into three thematic areas: (i) the nature of female sexuality; (ii) gender
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Palestinian Feminism in Israel and the Power of Public Urban Space: A Case Study on the Feminist Palestinian Organization, al-Fanar HAWWA (IF 0.3) Pub Date : 2022-08-18 Manar Hasan
In January 1991, some Palestinian citizens of Israel (formerly Israeli Arabs), mostly young women who came to the city of Haifa from different villages together with some Haifa residents, met to discuss feminism, the status of Palestinian women in Israel, and the need for a feminist organization. Following this meeting, al-Fanar was born as the Palestinian Feminist Organization. During the eight years
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De l’intelligence et des femmes: les femmes sagaces dans les Akhbār al-adhkiyāʾ (Histoires de sagaces) d’Ibn al-Jawzī HAWWA (IF 0.3) Pub Date : 2021-11-09 Antonella Ghersetti
Résumé Dans les Akhbār al-adhkiyāʾ (Histoires de personnes intelligentes), un ouvrage d’adab consacré aux personnes d’intelligence aiguë, Ibn al-Jawzī (d. 597/1200) traite des histoires des « femmes sagaces » (al-nisāʾ al-mutafaṭṭināt). Les anecdotes sur les femmes figurent dans un chapitre qui s’inscrit en contraste – par ses critères de catégorisation – avec les autres chapitres du livre. Cet agencement
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The Chapters on Women in Two Adab Encyclopaedias from the Mamluk Period: Al-Nuwayrī’s Nihāyat al-arab and al-Ibshīhī’s Mustaṭraf HAWWA (IF 0.3) Pub Date : 2021-11-08 Desirée López Bernal
This paper is a study of the chapters devoted to women in general and to female figures (female singers) in two encyclopaedic adab works of the Mamluk period, al-Nuwayrī’s Nihāyat al-arab and al-Ibshīhī’s al-Mustaṭraf fī kulli fann al-mustaẓraf. We will analyse the content of these chapters, their focus, the materials from which they are constructed and their objectives within the ensemble of the works
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Islamic Law, Slavery, and Feelings: A Fourth/Tenth-Century Andalusi Notarial Model on the Manumission of an Unruly and Bad-Tempered Female Slave HAWWA (IF 0.3) Pub Date : 2021-11-08 Cristina de la Puente
This article studies a fourth/tenth-century notarial model to limit and place conditions on (istirʿāʾ) the manumission of an unruly and bad-tempered female slave. The text is part of al-Wathāʾiq wa-l-sijillāt, a notarial manual compiled by Cordoban scholar Ibn al-ʿAṭṭār (d. 399/1009), the earliest edited Andalusi work of this genre. Although it is part of a chapter on slavery and, more specifically
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Virtue, Sanctity, and Charity of the Royal Women of Fez: The “Mothers of the Believers” of the Merinid Dynasty HAWWA (IF 0.3) Pub Date : 2021-11-08 Bárbara Boloix-Gallardo
The history of the Banū Marīn of the kingdom of Fez (seventh–ninth/thirteenth–fifteenth centuries) cannot and should not be reconstructed without a gender perspective which gives the women of this dynasty a place within its historic discourse. They played a key role in the political and religious legitimacy of the rulers, as reflected by the Banū Marīn historiography which, mirroring the idiosyncrasy
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The Word “Woman” in Pre-Modern Arabic Lexicons: From the Kitāb al-ʿAyn to the Lisān al-ʿArab HAWWA (IF 0.3) Pub Date : 2021-11-08 Tsampika Paraskeva
In all languages, lexicons constitute a valuable source of information on femininities and women. This assertion is enhanced in the case of pre-modern Arabic lexicography, due to the diversity of its contents. However, the picture of women in lexicons has always received more attention in the field of lexicography in Western languages than in Arabic. This paper aims to fill a minor part of this noteworthy
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The Dystopian Plight of Womanhood and Fear in Zoya Pirzad’s Things We Left Unsaid HAWWA (IF 0.3) Pub Date : 2021-11-11 Afsaneh Heidari, Samira Sasani
Through Judith Butler’s theories, it is depicted that dystopia is embedded within our most precious ideals. Dystopia depicts a world in which the right to choose and self-discovery has lost all meaning, and in which individuals are tools through which ideology is implemented. Zoya Pirzad, in her book, Things We Left Unsaid, talks about the unfairness of cultural values. She questions idealistic attitudes
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Are Women Liable for Blood-Money Payment?: An Attempt to Modify a Ḥanafī Rule HAWWA (IF 0.3) Pub Date : 2021-11-02 Nurit Tsafrir
Against the view that only men are liable for blood-money payment due for homicide, which goes back to pre-Islamic custom and was adopted by the Sharīʿa, by the fifth/eleventh century a new opinion appeared in Ḥanafī doctrine. According to this opinion, women who perpetrated a homicide were required to pay a share of the blood money due. Examining the context of this opinion in Ḥanafī literature, I
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The Perception of Women in Trabzon Sharīʿa Court Records: Thoughts on Definitions of Women over Gender, Sexuality and Status HAWWA (IF 0.3) Pub Date : 2021-11-02 Asli Özcan
Being a woman in Muslim or other religious societies does not include a process in which only religious rules are in effect. Instead, the experiences of women are determined by political, social, and economic conditions, and reflect the cultural precedents created by past societies, whether Muslim or not. Hence, the way women are described in a society they belong in emerges as a cultural reflection
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Creating Cultural Capital: The Education of Jewish Females at the Alliance Israélite Universelle (AIU) School for Girls in the City of Tunis, 1882–1914 HAWWA (IF 0.3) Pub Date : 2021-06-17 Joy A. Land
Based on rarely viewed images from the fin de siècle, this article will contribute to the burgeoning field of Jewish women in the world of Islam. At the Alliance Israélite Universelle (AIU) School for Girls in the city of Tunis, 1882–1914, after a seven-year course of study, Jewish and non-Jewish girls acquired certification of their academic or vocational skills through a certificate or diploma of
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Islamic Heritage and Morisco Identity: Women and Property in Rural Granada at the Dawn of the Sixteenth Century HAWWA (IF 0.3) Pub Date : 2021-04-19 Ana María Carballeira Debasa
Through an assessment of the data recorded in two books of habices (Span., libros de habices – inventories of goods from Islamic pious endowments) dated 1527 and 1530, this study examines the situation of Morisco women in the Alpujarra, a rural area of Granada, just three decades after the forced conversion of the Muslim population to Christianity. Various aspects of the economic and social position
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The Apocalyptic Hijab: Emirati Mediations of Pious Fashion and Conflict Talk HAWWA (IF 0.3) Pub Date : 2021-03-31 Ahmed Yaqoub AlMaazmi
This article examines Emirati public discourse on, and imagination of, gendered pious fashion and conflict talk as animated in the sitcom Shaabiat Al-Cartoon (SAC) and other connected cultural expressions. Through a multimodal analysis, it contributes to discussions of the politics of piety by analyzing the strategic illustration of the UAE’s female fashion sense and use of the linguistic features
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Dawud al-Fatani’s Thoughts on Marriage in Īḍāḥu l-Bāb li-Murīdi l-Nikāḥ bi-l-Ṣawāb HAWWA (IF 0.3) Pub Date : 2021-04-13 Zanariah Noor, Nazirah Lee
This paper examines Sheikh Dawud al-Fatani’s Īḍāḥu l-bāb li-murīdi l-nikāḥ bi-l-ṣawāb (“Explanation of the chapter for the one who desires a good marriage”), which outlines his understanding and mastery of the jurisprudence of Islamic family law. Al-Fatani is a renowned nineteenth-century Malay Muslim scholar, and his work is widely referred to in Islamic education institutions in the region. A close
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Beyond “Man” vs. Nature: Pearling and the Construction of Gender, Generation, and Heritage in Bahrain HAWWA (IF 0.3) Pub Date : 2021-03-31 John Thabiti Willis
Heritage sites and studies of the pearling industry in Arab Gulf nations focus predominantly on men who labored as merchants, boat captains, and pearl divers. They represent merchants as having reaped the greatest returns and divers as having endured the greatest hardships over the history of the industry. Recently published memoirs and interviews feature elder men’s recollections of their experiences
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Exploring the Nation: Gender, Identity and Cuisine in the UAE HAWWA (IF 0.3) Pub Date : 2021-03-31 Ayisha Khansaheb
This article examines various heritage displays and festivals that have occurred in the United Arab Emirates and analyzes, in particular, the representation of women and cuisine. Over a two-year period (August 2015 to August 2017), I interviewed senior Emirati women and collected their oral histories, focusing mainly on cooking practices in the past and how those practices evolved with time. The article
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Engendering Change: Charting a History of the Emirates through Women Artists HAWWA (IF 0.3) Pub Date : 2021-02-22 Elizabeth Derderian
Contrary to narratives of universally positive modernization in the United Arab Emirates, this article draws on the lives and work of women artists to offer a more detailed view of the UAE’s rapid urbanization and development. First, the article shows how changing educational structures and systems led to the privileging of the English language, which has resulted in differential generational access
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From Invisible to Actualized: Imagery and Identity in Photos of Women in the Gulf HAWWA (IF 0.3) Pub Date : 2021-02-22 Marjorie Kelly, Sara Essa 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
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Introduction: Gender, Cultural Constructions and Representations in the Gulf HAWWA (IF 0.3) Pub Date : 2021-03-31 Sarina Wakefield,Sabrina DeTurk
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Battling Marriage Laws: Early Marriage and Online Youth Piety in Indonesia HAWWA (IF 0.3) Pub Date : 2020-12-16 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)
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Contemporary Issues in Marriage Law and Practice in Qatar HAWWA (IF 0.3) Pub Date : 2020-12-16 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
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Evidently Married: Changing Ambiguities in Creating Family Ties in Morocco HAWWA (IF 0.3) Pub Date : 2020-12-16 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
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Fātiḥa Marriage in Morocco: Between Legislation and Judicial Practice HAWWA (IF 0.3) Pub Date : 2020-12-16 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
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Foreign to Palestinian Society? ʿUrfī Marriage, Moral Dangers, and the Colonial Present HAWWA (IF 0.3) Pub Date : 2020-12-16 Penny Johnson, Annelies 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
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Introduction HAWWA (IF 0.3) Pub Date : 2020-12-16 Rajnaara C. Akhtar, Mulki Al-Sharmani, Annelies 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
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Regulating, Recognizing, and Religionizing Nike in Kyrgyzstan HAWWA (IF 0.3) Pub Date : 2020-12-16 Julie 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
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Temporary Marriages, Mahramiyat, and the Rights of the Child in Shiʿi Adoption: The Legal and Juristic Dilemmas HAWWA (IF 0.3) Pub Date : 2020-12-16 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
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Undoing Patrilineality: New Maternal Families and the Politics of Naming in Turkey HAWWA (IF 0.3) Pub Date : 2020-12-16 R. A. 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
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Eastern-Western Women’s Self-Concept HAWWA (IF 0.3) Pub Date : 2020-11-19 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
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“I’ll Dance for You, I’ll Dance for Me, I’ll Dance for the Sake of Dancingˮ: The Yearning for Freedom in the Writing of Palestinian Writer Māyā Abū l-Ḥayāt HAWWA (IF 0.3) Pub Date : 2020-11-04 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
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Eleanor Elsner’s Discordant Discourse and Split Subjectivity in The Magic of Morocco (1928) HAWWA (IF 0.3) Pub Date : 2020-10-30 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
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Expansive Legal Interpretation and Muslim Judges’ Approach to Polygamy in Indonesia HAWWA (IF 0.3) Pub Date : 2020-10-28 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
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Ḥaḍāna Practices in Tunisia: Between Women’s Rights and the Best Interest of the Child, 1956–2019 HAWWA (IF 0.3) Pub Date : 2020-10-28 Maaike Voorhoeve
This article examines how Tunisian judges since independence deal with childcare cases upon divorce. As a legal ethnographic study of ḥaḍāna (child custody) in contemporary Tunisia, this study aims to contribute to the existing literature on judicial practice in Muslim contexts. The article aims to reveal these judges’ understandings of child custody, of women’s and men’s roles in childcare, and of
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Historical Rupture or Continuity?: Insights into the Appointment of Female Qadi Hanāʾ Manṣūr-Khaṭīb, First Female Judge in Israeli Religious Courts HAWWA (IF 0.3) Pub Date : 2020-10-28 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
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Implementing the Law of khulʿ in Egypt: Tensions and Ambiguities in Muslim Family Law HAWWA (IF 0.3) Pub Date : 2020-10-28 Monika 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
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Institutional Legal Reform in Kuwait after 2011: The Paradoxes of Establishing Rule of Law amidst Authoritarian Upgrading HAWWA (IF 0.3) Pub Date : 2020-10-28 Rania Maktabi
In 2015, Law 12 legislated for the establishment of family courts for the first time in the modern history of Kuwait. The reflections and experiences of stakeholders—judges, lawyers, and administrators—surrounding this law are here contextualized from three perspectives: (1) as an institutional means of strengthening Kuwaiti women’s civil rights in marriage and divorce after women were given political
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Intimacy Under Surveillance: Illicit Sexuality, Moral Policing, and the State in Contemporary Malaysia HAWWA (IF 0.3) Pub Date : 2020-10-28 Nurul Huda Mohd. 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
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Introduction HAWWA (IF 0.3) Pub Date : 2020-10-28 Susanne Dahlgren, Monika Lindbekk
This article focuses on adjudication of Muslim family law in countries that range from the Middle East and North Africa to South-East Asia. It begins by shortly summarizing the development of shari‘a in pre-modern times, up until the 19th century. We discuss the basic features of marriage among classical jurists and argue that the close connection known today between the family and Islamic law can
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Male and Female Judges in Morocco Dealing with Minor Marriages: Towards a Relational Understanding of Family Law HAWWA (IF 0.3) Pub Date : 2020-10-28 Nadia 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
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Muslim Judges at the Road of Intersection HAWWA (IF 0.3) Pub Date : 2020-10-28 Nahda 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
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“Confine Your Women!”: Diachronic Development of Islamic Interpretive Discourse on the Creation of Woman HAWWA (IF 0.3) Pub Date : 2020-10-27 Katja von Schöneman
This article explores the diachronic development of Islamic interpretive discourse on the Qurʾanic passage khalaqakum min nafsin wāḥidatin wa-khalaqa minhā zawjahā, present in the first verse of Sūrat al-Nisāʾ and conventionally understood as the creation of the primeval couple, Adam and Eve. The analyses, performed within a theoretical framework of feminist discourse analysis, focus on ten medieval
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Princesses Born to Concubines: A First Visit to the Women of the Abbasid Household in Late Medieval Cairo HAWWA (IF 0.3) Pub Date : 2020-10-23 Mustafa Banister
This article presents a study of the women of the Abbasid household in 8th-/14th- and 9th-/15th-century Cairo. Following a discussion of the size and growth of the Abbasid family, the article juxtaposes a late fourteenth-century marriage document, which extolls the virtues of unions made with the caliph’s family, against the historical record of marriages made by Abbasid and non-Abbasid spouses in