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A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The leadership and legacy of al-Haq, from its origins in Palestine to its international impact Established in Ramallah in 1979, al-Haq was the first Palestinian human rights organization and one of the first such organizations in the Arab world. This inside history explores how al-Haq initiated methodologies in law and practice that were ahead of its time and that proved foundational for many strands of today’s human rights work in Palestine and elsewhere. Lynn Welchman looks at both al-Haq’s history and legacy to explore such questions as: Why would one set up a human rights organization under military occupation? How would one go about promoting the rule of law in a Palestinian society deleteriously served by the law and with every reason to distrust those charged with implementing its protections? How would one work to educate overseas allies and activate international law in defense of Palestinian rights? This revelatory story speaks to the practice of local human rights organizations and their impact on international groups.
This volume brings together the practical insights and experiences of individuals and organisations working in diverse regions and contexts to combat 'crimes of honour'. Authors examine strategies of response to such manifestations of violence against women, focusing largely on 'honour killings' and interference with the right to choice in marriage, and the related use and legal treatment of the defence of 'honour' and 'provocation' in different countries of Europe, the Middle East, Latin America and South Asia. This timely volume is distinctive in approach and content, highlighting activist and practice-orientated academic perspectives from both the South and the North. The authors give voice to the struggle to locate 'crimes of honour' firmly within the international framework of violence against women and human rights, rather than positioning these abuses as specific to particular cultures or communities. The first of its kind, this book serves as a resource in addressing 'honour crimes' and, more broadly, violence against women, and will be of interest to a multi-disciplinary academic audience as well as to lawyers, policy-makers and activists.
A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements a...
Explores the present-day realties of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.
Reinventing Legal Education explores how clinical legal education - a new frontier for European public interest lawyering - is reforming law teaching and practice in Europe.
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of ...
Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discriminat...
The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.
This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.
The related issue of introduction of a common civil code, doing away with religiously discriminating laws, is considered.