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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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Harbingers of Feminism: A New Look at the Works of Pioneering Palestinian Women Writers
This article brings to light the harbingers of the tradition of Palestinian women’s writing in a gendered reading of the works of two leading, post-1948 women writers, Samira ʿAzzam and Najwa Qaʿwar-Farah. The article examines why literary critics ignored the feminine dimension of these writers’ works, and saw them as imitating and adapting existing patterns and conventions of writing. The article shows, how both thematically and stylistically, these early writers highlighted their feminine presence and that of their heroines; to what extent they succeeded in imbuing their writing with feminist messages; and how they enabled later women writers by laying the foundations of a tradition of women’s literature.
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Challenging Religious and Secularist Patriarchy: Islamist Women’s New Activism in Turkey
Since the late 1990s, following the state’s process of de-politicization and exclusion, educated Islamist women in the urban centers of Turkey have been active in raising Muslim women’s identity consciousness and generating solidarity with those affected by the headscarf ban. In the women’s organizations analyzed in this article, Islamist women are carving out a niche to challenge both secularist and Islamist patriarchal practices and discourse. This article contends that organized Islamist women have become significant actors in autonomously mobilizing religious women—in the political parties and in the Islamic movement—in the democratization process. The Islamist women’s learning process has opened them up to dialogue and cooperation—on gender equality and other liberalization issues—with secular women as well as with other oppressed groups. However, their “feminist” stance creates some dilemmas for Islamist and secular women.
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