عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA129402
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
The Question of Divorce and the Mandate of the Jurist Over the Unwilling Husband in Lebanese Muslim Shiʿi Jurisprudence:
General Material Designation
[Article]
Other Title Information
A Legal Reform?
First Statement of Responsibility
Moulouk Berry
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill
SUMMARY OR ABSTRACT
Text of Note
This article examines Muḥammad Mahdī Shams al-Dīn's unstudied work, Fasād al-ʿalāqa al-zawjiyya: Wilāyat al-ḥākim al-sharʿī. Shams al-Dīn, who at the time was the head of the Supreme Islamic Shiʿi Council (SISC) and oversaw the religious courts in Lebanon dealing with personal status laws (marriage, divorce, child custody, inheritance laws), witnessed at firsthand women's suffering, loss of rights, and the long court battles when a husband refused to divorce. The injustices committed against women by some men prompted Shams al-Dīn to find a juristic basis for curtailing men's power and for defending women's rights to custody, maintenance, and the deferred bridal gift. In the aforementioned work, Shams al-Dīn examines the scope and limits of the jurist's authority, and whether such authority allows the jurist to execute divorce without the husband's approval. His understanding of the concept of the jurist's authority over the unwilling husband, coupled with his theoretical considerations on marital relations, has wider implications for Lebanese Shiʿi Muslim women and Jaʿfarī religious courts in Lebanon. Despite the profound nature of his reforms, Shams al-Dīn's work is problematic, in that he leaves the husband's unilateral right to divorce (even if provisionally) untouched and falls short of finding the theoretical basis for a contract in which equality between the spouses is built-in (even though it is possible in Shiʿi law).
SET
Date of Publication
2019
Physical description
360-383
Title
Die Welt des Islams
Volume Number
59/3-4
International Standard Serial Number
1570-0607
UNCONTROLLED SUBJECT TERMS
Subject Term
Lebanese Shiʿi religious courts
Subject Term
Muḥammad Mahdī Shams al-Dīn
Subject Term
Shiʿi marriage
Subject Term
the Mandate of the jurist
Subject Term
History & Culture
Subject Term
Islamic Shiʿi judicial divorce
Subject Term
Middle East and Islamic Studies
Subject Term
Sociology & Anthropology
PERSONAL NAME - PRIMARY RESPONSIBILITY
Moulouk Berry
LOCATION AND CALL NUMBER
Call Number
10.1163/15700607-05934P05
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
