Islamic Legislative Drafting Methodology for Women's Equality Rights in Palestine: Using Codification to Replace the Wife's Obedience Obligation by Full Equality in the Family Law
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Université d'Ottawa / University of Ottawa
Abstract
The Islamic legislative drafting methodology is meant to bring the family law of Islamic countries into line with current conceptions of gender equality found not only in the West but in Islamic law (the shari’a) as well. The methodology involves identifying the fundamental principles of shari’a and recognizing that they must be adapted to the socio-economic conditions in which they are to be applied.
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Keywords
Shari’a, Islamic family law, Gender equality, Women’s rights, Marriage in Islam, Legislative drafting, Codification, Islamic law
