Identity and Authority: Changes in the Process of Debates over the Islamic Marriage Contract among Contemporary Muslim-Arab Intellectuals
[Thesis]
[Thesis]
[Thesis]
[Thesis]
Nayel A. Badareen
Lucas, Scott C.
The University of Arizona
2014
375
Committee members: Betteridge, Anne H.; Darling, Linda T.; Nassar, Maha T.
Place of publication: United States, Ann Arbor; ISBN=978-1-321-14495-6
Ph.D.
Near Eastern Studies
The University of Arizona
2014
Throughout Islamic history, Islamic schools of law (madhāhib ) enjoyed tremendous authority. In addition, traditional religious institutions that have taught the doctrines of the various Islamic schools of law have also wielded similar authority within the Arab-Muslim states. However, Arab-Muslim intellectuals challenged the authority of these madhāhib both from within the madhāhib and from outside of them. As a result, consensus (ijmā`) reached by past jurists of the madhāhib, has also been challenged in favor of a new type of ijtihād known as collective ijtihād. This new method of ijtihād allows professional women to participate in the process of lawmaking alongside men as reforms are made to Islamic family law. As a consequence of this legal process, the authoritarian method of traditional consensus (ijmā`) has been weakened in favor of more inclusive methods which allow for the creation of laws that are more favorable to women.
Islamic Studies; Near Eastern Studies
Social sciences;Family law;Islamic contract;Marriage