By Ziba Mir-Hosseini, Lena Larsen, Christian Moe, Kari Vogt
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Additional info for Gender and equality in Muslim family law : justice and ethics in the Islamic legal process
23 Table 3 Family Court B: Obedience Cases: 2001–9 Year Total no. of cases No. of cases won by women No. of cases won by men No. of dismissed cases No. of reconciled cases 2001 2002 2003 2004 2005 2006 2007 2008 2009 13 11 3 4 26 69 89 88 98 2 2 1 2 6 5 11 7 14 0 0 0 0 0 1 1 1 1 3 5 0 0 2 6 5 8 17 3 1 1 1 4 10 7 9 12 Table 4 Family Court B: Nushūz Cases: 2001–9 Year Total no. of cases No. of cases won by women No. of cases won by men No. of dismissed cases No. of reconciled cases 2001 9 1 3 1 0 2002 7 0 3 1 0 2003 8 0 3 1 0 2004 11 1 4 1 2 2005 12 0 3 1 0 2006 16 0 3 0 0 2007 20 1 5 5 0 2008 14 0 5 2 0 2009 18 1 5 3 0 When we compare the data on obedience cases in Family Courts C, D and E, similar results are found (Table 5).
Ibn Rushd, The Distinguished Jurist’s Primer: Bidāyat al-Mujtahid wa Nihāyat alMuqtaṣid, trans. Imran Ahsan Khan Nyazee (Reading: Garnet Publishing, 1996), Vol. 2, p. 63. See Mahmoud, ‘To beat or not to beat’, n. 35. ), Women, the Family, and Divorce Laws in Islamic History (Syracuse: Syracuse University Press, 1996); Tucker, Judith, In the House of Law: Gender and Islamic Law in Ottoman Syria and Palestine (Berkeley: University of California Press, 2000). 19 For the ways in which these arguments shape legal rulings, see in particular Ali, Marriage and Slavery; ‘Abd Al ‘Ati, Hammudah, The Family Structure in Islam (Indianapolis: American Trust Publications, 1997); Mahmoud, ‘To beat or not to beat’.
CEDAW, for instance, does not define equality; rather, its provisions are directed at eliminating discrimination, and here it rightly adopts an abolitionist language. How useful is such a language in Muslim contexts, given the primacy of law in Islamic discourses and the intimate links between fiqh and cultural models of the family? Is this the best way of approaching the tension between ‘protection’ and ‘domination’ that is inherent in the very concept of qiwāma, however we define it? In Islamist and traditionalist discourses, qiwāma is presented as a manifestation of ‘protection’, not of discrimination; such an approach could draw attention to the ‘domination’ side of qiwāma and counter apologetic arguments that are based on ideologies and hypothetical cases rather than on lived realities and women’s experience.