- In what ways does shari'a law reflect patriarchy?
- How can women assert their rights in a shari'a legal context?
- How is the law "in the books" translated into everyday legal practice?
- To what extent do fatwas reflect everyday legal practice?
Judith Tucker, Women, Family and Gender in Islamic Law (Cambridge University Press, 2008), chapters 2 and 3 on marriage and divorce respectively. These give brief outlines of the history of marriage and divorce from classical Islam to the modern world. Focus on the “legal tradition” and “pre-20th-century practices” sections of each chapter; skim the remainder.
Judith Tucker, In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine (University of California Press, 1998), chapter 3, “With Her Consent: Marriage.”
Svetlana Ivanova, “The Divorce between Zubaida Hatun and Esseid Osman Ağa: Women in the Eighteenth-Century Sharīʿa Court of Rumelia,” in Women, the Family and Divorce Laws in Islamic History, ed. Amira el-Azhary Sonbol (Syracuse University Press, 1996), 112-25.
Selection of fatwas concerning divorce. See if you can figure out the legal issues at stake in these fatwas, based on the information in chapter 3 of Tucker, Women, Family and Gender. We will discuss them in class, but if you want to read a discussion of these particular fatwas, they are taken from the chapter on divorce in Tucker's other book, In the House of the Law.