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Author: Irene Schneider
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
Author: Irene Schneider

Abstract

Imprisonment, a generally accepted form of punishment in modern legal systems, existed also in Islamic law in the pre-classical and classical periods (second-sixth/eighth-thirteenth centuries), although Muslim jurists devoted only limited attention to the subject and Islamicists have largely ignored it. Muslim jurists of pre-classical and classical times concentrated their attention on pre-trial and administrative detention, especially imprisonment for debt. The jurists mention punitive detention as a supplementary measure that was enacted mostly in conjunction with corporal punishments (ḥudūd and taʿzīr). Because state authorities established a monopoly over criminal jurisdiction at a very early stage, it is possible that punitive detention played a more important role in practice than it did in theory. However, inasmuch as I found only a few examples in historical sources, it seems safe to conclude that punitive detention did not have the same status in pre-modern Islamic law that it does in modern law.

In: Islamic Law and Society
Author: Irene Schneider

Abstract

Honor is an extremely complex social and symbolic concept and a sensitive issue that has generated considerable legal and intellectual discussion in the Islamic world up to the present. The so-called ‘honor killing’ violates the principle of human rights. In this article the focus is on sexual honor and the understanding of the concept of honor and honor killing in the Iranian Penal Code of 1997, according to which a husband can kill his wife and her lover if he finds them committing an adulterous sexual act (zenāʾ). The questions asked are: How are honor killings described or dealt with in the Iranian Penal Code (IPC)? Are honor killings rooted in the Shiʿi jurisprudence (feqh) or custom (ʿorf )?

In: Journal of Persianate Studies