This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law reforms -- marriage, divorce, and inheritance -- throughout the Middle East, North Africa, South and Southeast Asia.
Qur’anic verses define as heirs several classes of kin that were previously unable to inherit – most notably women such as wives, daughters, mothers and sisters – and distributed the estate in an equitable way that was a drastic improvement from the pre-Islamic scheme. The Qur’an specifies three main classes of heirs: (1) the Qur’anic heirs called “Sharers,” (2) agnatic heirs called “Residuaries,” and (3) uterine heirs called “Distant Kindred.” Not all possible heirs always inherit; some classes may exclude others, and some heirs within a class may exclude others within the same class.
In this article Chaudhry argues that the ratio of distribution between men and women is not two to one in all cases where men and women of the same class are inheriting together, and more importantly, that the distribution of inheritance through the fixed shares legislated by the Qur’an is not inherently gender-discriminatory, nor based on concepts of gender inferiority. If this was true, it would violate the two most central concepts of Islamic law.
The Encyclopedia of Law and Societyis the largest comprehensive and international treatment of the law and society field. The three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.
This paper explores the demand for positive change in family and for the protection of rights, illustrating ways in which equality and justice in the Muslim family have become increasingly possible. The paper concentrates on developments in the last four decades. During this period, two forces have emerged that have particularly focused on family laws: women’s collective action on the one hand, and on the other, religious fundamentalism.
This paper examines the rights to property accorded to women in Islam under direct Quranic injunctions and compares it with the state of these rights in present Muslim societies. It argues that the correct application of Quranic laws will not only materially improve the status of women in Muslim societies and guarantee them economic security, it will also bring economic prosperity to such societies directly.