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النساء والأسرة وقوانين الطلاق في التاريخ الإسلامي
أثبتت بحوث هذا الكتاب أن المرأة العربية والمسلمة تمتعت بحقوق قانونية، ومارست صلاحيات قبل قدوم المؤثراتالغربية بزمن طويل كانت تحلم بها المرأة الأوروبية فى مطلع القرن التاسع عشر، وأن التمييز ضد المرأة وتضييق مساحة مكاسبها القانونية إنما جاء على يد دعاة التحديث والتغريب الذين شاركوا فى صياغة قوانين الأحوال الشخصية.
ولا يخفى على القارئ الكريم ما لهذه الآراء من أهمية بالغة فى مواجهة الرؤية الإستشراقية للمجتمعات الإسلامية، ورد الإعتبار للثقافة الإسلامية وخاصة أن الدراسات الواردة بهذا الكتاب إعتمدت على الوثائق التاريخية وسجلات المحاكم الشرعية والمصادر الأصلية للفتاوى وكتب الفقه، كما أنها غطت مساحة جغرافية كبيرة تمثل البلاد العربية وإيران وتركيا.
ولا يخفى على القارئ الكريم ما لهذه الآراء من أهمية بالغة فى مواجهة الرؤية الإستشراقية للمجتمعات الإسلامية، ورد الإعتبار للثقافة الإسلامية وخاصة أن الدراسات الواردة بهذا الكتاب إعتمدت على الوثائق التاريخية وسجلات المحاكم الشرعية والمصادر الأصلية للفتاوى وكتب الفقه، كما أنها غطت مساحة جغرافية كبيرة تمثل البلاد العربية وإيران وتركيا.
304 pages
First published January 1, 1996
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February 15, 2012
الكتاب مذهل ورائع، سأعود للتفاصيل عندما يكون لدي وقت بإذن الله
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March 16, 2011good
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April 3, 2025Book Review: Women, the Family, and Divorce Laws in Islamic History edited by Amira El-Azhary Sonbol
In Women, the Family, and Divorce Laws in Islamic History, edited by Amira El-Azhary Sonbol, the complexities of women’s roles within the framework of Islamic family law are meticulously examined through a collection of scholarly essays. Initially published in 1996, this volume brings together contributions from various scholars who explore historical and contemporary issues related to divorce laws and their implications for women in Islamic societies.
Summary and Themes
The book presents a multi-faceted analysis of women’s legal status and the evolution of family law in Islamic contexts, with a focus on divorce. Key themes addressed in the volume include:
Historical Context and Legal Framework: The essays provide an in-depth historical overview of how Islamic family law has developed over centuries. The contributors analyze the Sharia’s influence on gender relations and the ways in which legal interpretations have evolved, often reflecting broader socio-political changes within Muslim societies.
Cultural Variability: The contributions highlight the diversity of experiences among women in various Islamic cultures. The authors explore regional variations in the application of divorce laws, demonstrating that the impact of these laws is not uniform but rather shaped by local customs, state policies, and socio-economic factors.
Women’s Agency and Resistance: A significant aspect of the discourse revolves around women’s agency in navigating the constraints of family law. The essays illustrate how women have historically engaged with, adapted to, and sometimes resisted legal norms to assert their rights and agency, challenging the narrative of women as mere victims within patriarchal structures.
Contemporary Challenges: The book also addresses contemporary issues faced by women concerning divorce and family law, including questions of inheritance, custody, and legal representation. This discussion is crucial for understanding the continued relevance of these laws in the modern context and how women are advocating for reform.
Interdisciplinary Perspectives: By incorporating various disciplinary approaches—including history, sociology, and legal studies—the volume enriches the analysis of gender and family law, encouraging readers to consider the interplay between law, culture, and religion.
Critical Analysis
Sonbol’s edited volume is commendable for its academic rigor and comprehensive approach. The diversity of voices and perspectives makes it a valuable resource for scholars and students interested in gender studies, Islamic law, and Middle Eastern history. Each essay is well-researched, providing a blend of historical context and contemporary analysis that enhances the reader’s understanding of the complexities surrounding women’s issues in Islamic legal frameworks.
However, some critiques may arise regarding the balance of perspectives presented. While the volume effectively highlights women’s struggles and agency, a deeper exploration of the perspectives of men and the societal structures that support patriarchal norms would have provided a more holistic view. Additionally, the book could benefit from updates reflecting recent developments in both legal reforms and social movements within Muslim communities.
Conclusion
Women, the Family, and Divorce Laws in Islamic History is an essential addition to the literature on gender and Islamic law. Amira El-Azhary Sonbol has curated a thought-provoking collection that not only uncovers the historical evolution of divorce laws in Islamic contexts but also emphasizes the persistent challenges and resilience of women. This volume serves as a critical resource for anyone seeking to understand the intricate relationship between law, family, and gender in Islamic history, making it a significant contribution to the field of Islamic studies and women’s rights advocacy.
In Women, the Family, and Divorce Laws in Islamic History, edited by Amira El-Azhary Sonbol, the complexities of women’s roles within the framework of Islamic family law are meticulously examined through a collection of scholarly essays. Initially published in 1996, this volume brings together contributions from various scholars who explore historical and contemporary issues related to divorce laws and their implications for women in Islamic societies.
Summary and Themes
The book presents a multi-faceted analysis of women’s legal status and the evolution of family law in Islamic contexts, with a focus on divorce. Key themes addressed in the volume include:
Historical Context and Legal Framework: The essays provide an in-depth historical overview of how Islamic family law has developed over centuries. The contributors analyze the Sharia’s influence on gender relations and the ways in which legal interpretations have evolved, often reflecting broader socio-political changes within Muslim societies.
Cultural Variability: The contributions highlight the diversity of experiences among women in various Islamic cultures. The authors explore regional variations in the application of divorce laws, demonstrating that the impact of these laws is not uniform but rather shaped by local customs, state policies, and socio-economic factors.
Women’s Agency and Resistance: A significant aspect of the discourse revolves around women’s agency in navigating the constraints of family law. The essays illustrate how women have historically engaged with, adapted to, and sometimes resisted legal norms to assert their rights and agency, challenging the narrative of women as mere victims within patriarchal structures.
Contemporary Challenges: The book also addresses contemporary issues faced by women concerning divorce and family law, including questions of inheritance, custody, and legal representation. This discussion is crucial for understanding the continued relevance of these laws in the modern context and how women are advocating for reform.
Interdisciplinary Perspectives: By incorporating various disciplinary approaches—including history, sociology, and legal studies—the volume enriches the analysis of gender and family law, encouraging readers to consider the interplay between law, culture, and religion.
Critical Analysis
Sonbol’s edited volume is commendable for its academic rigor and comprehensive approach. The diversity of voices and perspectives makes it a valuable resource for scholars and students interested in gender studies, Islamic law, and Middle Eastern history. Each essay is well-researched, providing a blend of historical context and contemporary analysis that enhances the reader’s understanding of the complexities surrounding women’s issues in Islamic legal frameworks.
However, some critiques may arise regarding the balance of perspectives presented. While the volume effectively highlights women’s struggles and agency, a deeper exploration of the perspectives of men and the societal structures that support patriarchal norms would have provided a more holistic view. Additionally, the book could benefit from updates reflecting recent developments in both legal reforms and social movements within Muslim communities.
Conclusion
Women, the Family, and Divorce Laws in Islamic History is an essential addition to the literature on gender and Islamic law. Amira El-Azhary Sonbol has curated a thought-provoking collection that not only uncovers the historical evolution of divorce laws in Islamic contexts but also emphasizes the persistent challenges and resilience of women. This volume serves as a critical resource for anyone seeking to understand the intricate relationship between law, family, and gender in Islamic history, making it a significant contribution to the field of Islamic studies and women’s rights advocacy.
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