New in Print from Palgrave McMillan
Muslim Women and Shari’ah Councils: Transcending the Boundaries of Community and Law Samia Bano
H/T Brenna Bhandar.
From the publisher’s flyer:
About the Author
SAMIA BANO lectures in Family law, Gender and Law and Research Methods in Law at the University of Reading Law school, UK, where she was recently been appointed Deputy Director of Research. Samia is recognized as an international scholar in the field of Muslim family law, multiculturalism and gender discrimination. Before joining the law school at Reading Samia worked as a researcher on a number of projects in the area of legal policy and practice and gender equality. November 2012 Hardback £60.00 £30.00* 9780230221482
Available as ebook Click here for Flyer offering 50% off.
Drawing upon original empirical data and critiquing existing research material this book challenges the language of community rights and claims for legal autonomy in matters of family law. It draws upon critiques of power, dialogue and positionality to explore how multiples spaces in law and community both empower and restrict women at different times and in different contexts. It also opens up the conceptual space in which we can see in evidence the multiple legal and social realities in operation, within the larger context of state law, liberal multiculturalism and the human rights discourse. In this way the book provides an important contribution to current debate on the use of privatized and ADR mechanisms in family law matters while analyzing the dynamics of relationality and cultural diversity in new forms of mediation practices. In a wider context it explores the conceptual challenges that the rise of a faith-based dispute resolution process poses to secular/liberal notions of law, human rights and gender equality.
Table of Contents:
PART I: CONTEXT AND BACKGROUND
Multiculturalism and Secularism in the British Context
South Asian Muslims and State Law Relations
Background to the Study
PART II: SHARI’AH COUNCILS AND WOMEN’S EXPERIENCES OF MUSLIM DIVORCE
Shari’ah Councils in Britain
Shari’ah Councils and the Practice of Law-making
Personal Experiences of Marriage
Muslim Women, Divorce and Shari’ah Councils
Shari’ah Councils and Civil law
Conclusion: Justice in the ‘Shadow of Law’?
Looks very interesting. h/t my newest colleague Hengameh Saberi.
Of Wife and the Domestic Servant in the Arab World by Lama Abu-Odeh now on SSRN.
I will provide the reader with a complex picture of how legal rules interact with the larger economic organization of the region, concentrating on family law rules. My purpose in doing so is to take the discussion of law out of the culturist domain and embed it in the
economic one without denying the cultural orientation of the rules in the first place (based
on Islamic texts). In particular, I would like to show that Islamic rules on the family yield
different outcomes depending on the nature of the economy they intervene in. While in the
West, the availability of cheap domestic work is thought of as a supplement, and an
important one at that, to female paid employment, this wisdom doesn’t seem to hold true in the rentier economy of the Arab World. There is little paid employment available for
women beside domestic work for rural or poor urban women. Most paid employment for
women with higher education seems concentrated in the public sector, which has been undergoing shrinkage as a result of the prevalence of the ideology of privatization of the economy. The supply of local domestic workers is compounded with an even bigger supply of very cheap foreign domestic workers hailing from various Asian and African countries such as Philippines, Indonesia, Sri Lanka, Malaysia, Ethiopia, Ivory Coast, etc. The wages of such servants are so low that a good one seventh of all households in the Arab world
employ either a local or a foreign domestic worker. Even for those who couldn’t afford
them, hiring a domestic servant is something to aspire to as one would rise in the world.
Educated wives with no prospects for public employment in that region are caught in the
(enviable?) position of having cheap maids with nowhere to go for paid employment.
Rentier economy is such that it could create a great deal of wealth with little general
employment. The wealth increases the aggregate purchasing power without the
generalized experience that the gain in wealth was associated with labor performed. In a
nutshell, the economy affords many wives with cheap maids without offering them jobs to
occupy to make hiring such maids “socially meaningful”.
My goal in this short paper is to capture for the reader the gains and losses associated with
Islamic based family rules for the parties concerned in the context of an economy that has a generous supply of domestic work and a sparing one of female public employment. I do so from the perspective of the wife who is able to hire a domestic servant.
I couldn’t find a Table of Contents or contributor list. Looks interesting from the little that’s out there….
Debating Sharia: Islam, Gender Politics, and Family Law Arbitration
Anna Korteweg University of Toronto, Sociology
Jennifer Selby Memorial University of Newfoundland, Religious Studies