Islamic Law and Paradox of Domination and Resistance

Bibliographic Data

ID12834880
AuthorsMohamad Abdun Nasir (0000-0003-0092-2163, corresponding author)
Year2016
Volume44
Issue1-2
Pages78-103
Publication date2016-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueAsian journal of social science (JOURNAL)
Journal identifiersISSN: 1568-4849 • E-ISSN: 2212-3857
PublisherElsevier BV (PUBLISHER)
DOI10.1163/15685314-04401006
OpenAlexW2304058443
LanguageEN
Citations received9

Judicial divorce symbolises women’s resistance to the domination of local interpretations and practices of Muslim family law in Lombok, such as male arbitrary repudiation and polygamy. In this pattern, husbands hold the privilege to terminate marital unions unilaterally and remarry without their wives’ consent. These practices find their grounds in classical-medieval Islamic jurisprudence (fiqh), which is endorsed by the custom of patriarchal society. It is by turning to the court that women attempt to subvert such hegemonic discourses. By examining divorce cases from the religious courts, and looking at their broader socio-religious and cultural contexts, this study attempts to propose an analysis of judicial divorce as a locus of women’s resistance against male domination endorsed by local practices of Islamic law, customary law and state law, and examines an important dimension of contemporary practice of Islamic family law, which reveals patterns of domination and resistance

Family law · Fiqh · Hegemony · Islam · Jurisprudence · Muslim world · Political science · Politics · Privilege (computing · Resistance (ecology · Sharia · Sociology · Gender and Women's Rights · Gender Studies · Law · Legal Studies and Policies · Marriage and Family Dynamics

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