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Islamic Legal Hybridity and Patriarchal Liberalism in the Shari’a Courts in Israel
The civil judicial family law system and the shari‘a courts in Israel are a fascinating site for the study of legal hybridity, particularly with regard to cases involving the legal and religious rights of women. Legal hybridity is found both in the shari‘a courts, even when ruling on cases that are under their exclusive jurisdiction, and in the family courts that apply provisions of Islamic and Israeli law. In this article, I examine as a case study of the problem of appointing a woman as arbitrator between quarelling spouses in the shari‘a court arbitration process. This example shows how a shari‘a court operates under pressure from the secular civil judicial system. It is discernible how a system of legal hybridity gives rise to multiple discourses deriving from different normative systems and various players—such as human rights organizations, Islamic feminist movements, secular feminist movements, and the Israel Supreme Court—seeking to navigate the discourse in pursuit of their interests. My central thesis is that this system of legal hybridity is enhancing a patriarchal liberalism that is filled with obstacles and hurdles preventing full equality.
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The Iraqi Novel and the Christians of Iraq
After the toppling of Saddam Hussein’s authoritarian regime in 2003, the Christian communities of Iraq faced forced emigration. In this article I examine how the Christians of Iraq and their recent precarious situation are reflected in the Iraqi novel. First, I set the political and conceptual grounds with an exposition of the debate over the place of Christians in the Iraqi nation, as discussed by two Iraqi intellectuals belonging to the Sunni and Shi‘i Muslim traditions. This debate frames the liberal political discourse on the Christians and thus provides a framework for the analysis of the novels, the main focus of the article. Iraqi novelists are less refined than intellectuals and politicians in their exposition of views about Christians, or in the case of Christian novelists, their views of their own community and of Iraqi Muslims. I examine representations of Christians in novels written by both Muslim and Christian Iraqi writers, as well as how novels by Christian Iraqi writers reflect the controversy they live with and the crisis of their identity vis à vis their community and its current place in Iraq. What emerges is that increasing numbers of Christians question both their alliance with the Arabs in Iraq and, even more so, their Arab identity. For various reasons Arab Muslim intellectuals find this difficult to accept.
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