• 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 Hybrid Women of the Arab Spring Revolutions: Islamization of Feminism, Feminization of Islam

    Arab and Muslim women who led the Arab Spring revolutions in their countries were often characterized as secular and liberal. According to this binary approach, religious women are identified with a conservative world view, a traditional education, and a medium to low socioeconomic status. The norms of honor and modesty governing these women are assumed to oblige them to confine themselves exclusively to their roles as wives and mothers and limit their presence in the public sphere. Furthermore, this binary approach stigmatizes those who wrap their heads in the hijab and cover their faces with the niqab as women who are forced by their fathers and husbands to accept traditional norms. Secular women, however, are portrayed as those who have liberated themselves from the shackles of religion and tradition. They are assumed to be highly educated, liberal in their world view, socially and politically engaged, and aspiring to build careers as competent professionals with the goal of becoming economically independent. To achieve this, they are prepared to struggle for their rightful place as equals in both family and society.
    However, the revolutionary Tunisian, Egyptian, and Yemeni women’s life stories, their world views, and their sociopolitical agenda and outer appearance indicate that their prototype is an amalgamation of a faith-motivated religiosity and a liberal, pluralistic world view. These women join their sisters who, since the last decades of the ninetieth century, have taken part in social- and gender-oriented struggles in the Middle East and North Africa. Their retention of their cultural authenticity, religious beliefs, and moral values clearly highlights the fact that for these hybrid women—to borrow Homi Bhabhi’s concept of hybridity—Islamic religious belief and a liberal world view are intertwined.
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  • Terrorist and Refugee in the Mediterranean—A European Dilemma

    The migration crisis in Europe that coincided with a wave of terrorist attacks attributed to ISIS has exacerbated the dilemma between the desire of states to secure their territory and the European tradition of open borders and inclusion. European states have redefined both their migration policies and security measures in a climate of crisis and emergency that does not accurately reflect either the issues that have contributed to the current instability or the long-term nature of the terrorist threat. Instead, a systematic conflation is created between terrorism and migration by a number of states in the Mediterranean region. The aim here is to identify this conflation and show how it is manifested in the juxtaposition of exclusion and crisis narratives and the adoption of legal measures that overlap both security and migration. The article introduces preliminary findings on the topic and forms the basis for further research that might provide answers for states and for the EU as an organization that will address security agendas and migration policies within the framework of the European human rights tradition. Focusing on counterterrorism and migration measures and using policies and official statements by government officials, the article examines the links and influences between them.

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