Abstract

Family law in all cultures and legal systems is fraught with difficulty for women. Nahda Shehada addresses this issue from the perspective of Islamic family law, women’s rights and the imbalance for women when pursuing custody, access, property division and divorce. She looks at guardianship (of wives and daughters), marriage age, dower, maintenance ‘versus obedience’, ‘house of obedience’ (whereby husbands are obliged to maintain their wives only if their wives ‘obey’ them), polygyny, divorce, custody (of children) and inheritance. She addresses these aspects of sharia law in the MENA (Middle East and North Africa) region generally, referring particularly to Jordan, Egypt, Palestine and Gaza. In referencing arguments to end dower as symbolising and materialising commodification of women’s sexual organs, yet the conflicting need for women to retain some financial support and independence, Shehada highlights the dilemma facing feminists in the struggle for reforms aiming to gain women equal rights under the law.

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