Overview

The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, he took it upon himself to initiate the reforms. As such, this experience is considered pioneer world-wide and unique in its scope. The reforms were done in accordance with the Islamic rules of renewaland are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: First, decisions of the High Court of Appeals should be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha, the public interest, in various matters of Islamic law such as promoting women status, children rights and preservation of Islamic sites and cemeteries sanctity.

Full Product Details

9781793640963

Table of Contents

Reviews

Natour offers a perceptive book concerning the rights of women under Islamic Law. This book effectively demonstrates how Islamic Law is invoked within an overlying Israeli legal system, as well as offers insights into how the Shar'i Court of Appeals in Israel invoked new approaches for women's rights under Islamic Law.--Leonard Hammer, University of Arizona This is a clear and concise description of the reforms made in the Sharia legal system in Israel over the past two decades, aimed at improving the status of the Muslim woman and strengthening the judicial independence of the Indigenous Muslim community in the Jewish state. Based on his rich experience as head of the Sharia judiciary in Israel, and his academic background, Qadi Natour presents the reforms he initiated during his tenure and analyzes them from both legal and social perspectives. This is a must-read book for anyone who wants to understand Arab society in Israel and the challenges of Islamic law-makers in modern times.--Hillel Cohen

This is a clear and concise description of the reforms made in the Sharia legal system in Israel over the past two decades, aimed at improving the status of the Muslim woman and strengthening the judicial independence of the Indigenous Muslim community in the Jewish state. Based on his rich experience as head of the Sharia judiciary in Israel, and his academic background, Qadi Natour presents the reforms he initiated during his tenure and analyzes them from both legal and social perspectives. This is a must-read book for anyone who wants to understand Arab society in Israel and the challenges of Islamic law-makers in modern times.--Hillel Cohen Qadi Natour offers a perceptive book concerning the rights of women under Islamic Law. The book effectively demonstrates how Islamic Law is invoked within an overlying Israeli legal system, as well as offers insights into how the Shar'i Court of Appeals in Israel invoked new approaches for women's rights under Islamic Law.--Leonard Hammer

Qadi Natour offers a perceptive book concerning the rights of women under Islamic Law. The book effectively demonstrates how Islamic Law is invoked within an overlying Israeli legal system, as well as offers insights into how the Shar'i Court of Appeals in Israel invoked new approaches for women's rights under Islamic Law.--Leonard Hammer

Author Information

Ahmad Natour is senior lecturer at the University of Tel Aviv Law School.

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available